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Contrary to law.3
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14
OF
THE
1987
CONSTITUTION,
AND
IN
SAID
DECISION
AND
WHICH
IS
CONTRARY
TO
IT
IS
AN
EXCEPTION
TO
EXISTING
OF
NULLITY
INCAPACITY,
OF
HENCE,
MARRIAGE
THERE
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IS
IS
NO
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LEGAL
BASIS
FOR
ABANDONING
EXISTING
CAPILI
IS
ILLEGAL
INASMUCH
AS
THE
_______________
8Id., at p. 20.
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that.
The outcome of the civil case for annulment of
petitioners marriage to [private complainant] had no
bearing upon the determination of petitioners
innocence or guilt in the criminal case for bigamy,
because all that is required for the charge of bigamy
to prosper is that the first marriage be subsisting at
the time the second marriage is contracted.
Thus, under the law, a marriage, even one which is void
or voidable, shall be deemed valid until declared otherwise
in a judicial proceeding. In this case, even if petitioner
eventually obtained a declaration that his first marriage
was voidab initio, the point is, both the first
_______________
10 G.R. No. 164435, September 29, 2009, 601 SCRA 236.
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452
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453
SO ORDERED.
Velasco, Jr. (Chairperson), Abad, Mendoza andLeonen,
JJ., concur.
Petition denied, judgment and resolution affirmed.
Notes.Where the absolute nullity of a previous
marriage is sought to be invoked for purposes of
contracting a second marriage, the sole basis acceptable in
law for said projected marriage to be free from legal
infirmity is a final judgment declaring the previous
marriage void. (Teves vs. People, 656 SCRA 307 [2011])
The finality of the judicial declaration of the nullity of
previous marriage of the accused cannot be made to
retroact to the date of the bigamous marriage. (Ibid.)
o0o
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