Mercado vs Tan Mercado vs. Tan 337 SCRA 122 FACTS: Dr.

Vicent Mercado was previously married with Thelma Oliva in 1 !" #e$ore he contracted marria%e with Consuelo Tan in 1 1 which the latter claims she did not &now. Tan $iled #i%amy a%ainst Mercado and a$ter a month the latter $iled an action $or declaration o$ nullity o$ marria%e a%ainst Oliva. The decision in 1 ' declared marria%e #etween Mercado and Oliva null and void. (SS)*: +hether Mercado committed #i%amy in spite o$ $ilin% the declaration o$ nullity o$ the $ormer marria%e. ,*-D: A .udicial declaration o$ nullity o$ a previous marria%e is necessary #e$ore a su#se/uent one can #e le%ally contracted. One who enters into a su#se/uent marria%e without $irst o#tainin% such .udicial declaration is %uilty o$ #i%amy. This principle applies even i$ the earlier union is characteri0ed #y statute as 1void.2 (n the case at #ar3 Mercado only $iled the declaration o$ nullity o$ his marria%e with Oliva ri%ht a$ter Tan $iled #i%amy case. ,ence3 #y then3 the crime had already #een consummated. ,e contracted second marria%e without the .udicial declaration o$ the nullity. The $act that the $irst marria%e is void $rom the #e%innin% is not a de$ense in a #i%amy char%e.