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A.C. Digests

In: Other Topics

Submitted By bregette
Words 6479
Pages 26
Case: Antone VS Beronilla, G.R. No. 183824, December 8, 2010

Facts: On 12 March 2007, herein petitioner Myrna P. Antone executed an Affidavit-Complaint for Bigamy against Leo R. Beronilla before the Office of the City Prosecutor of Pasay City. She alleged that her marriage with respondent in 1978 had not yet been legally dissolved when the latter contracted a second marriage with one Cecile Maguillo in 1991.

Issue: Whether the trial court erred in finding that the first essential element of bigamy, which is a first valid marriage contracted by private respondent is wanting.
Petitioner: Petitioner maintained that the respondent committed an act which has all the essential requisites of bigamy. The prosecution pointed out that the marriage of petitioner and respondent on 18 November 1978 has not yet been severed when he contracted a second marriage on 16 February 1991, for which reason, bigamy has already been committed before the court declared the first marriage null and void on 27 April 2007 Respondent: Respondent moved to quash the Information on the ground that the facts charged do not constitute an offense. He informed the court that his marriage with petitioner was declared null and void by the Regional Trial Court, Branch 16, Naval, Biliran on 26 April 2007; that the decision became final and executory on 15 May 200[7]; and that such decree has already been registered with the Municipal Civil Registrar on 12 June 2007. He argued that since the marriage had been declared null and void from the beginning, there was actually no first marriage to speak of. Absent a first valid marriage, the facts alleged in the Information do not constitute the crime of bigamy.
Supreme Court Ruling: All considered, Supreme Court finds that the trial court committed grave abuse of discretion. ART. 40 of the Family Code states that: The absolute nullity...

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