People vs Mendoza

Facts
Arturo Mendoza and Jovita de Asis were married on Aug. 5, 1936 in Marikina. While the marriage was
still subsisting, Mendoza got married to Olga Lema in Manila on May 14, 1941. de Asis died on Feb. 2,
1943. Then, Mendoza contracted another marriage with Carmencita Panlilio in Calamba, Laguna on Aug.
19, 1949. He was sued and convicted of bigamy for the second marriage.

ISSUE:
W/N Mendoza is liable for bigamy?

HELD:
No. Acquitted.

1. Sec. 29, Marriage Law Act 3613: Any marriage subsequently contracted by any person during the
lifetime of the first spouse shall be illegal and void unless first marriage has been annulled, dissolved or
first spouse has been absent for 7 consecutive years without news if he/she is still alive. Judicial
declaration of nullity is only necessary for third case (or someone wants to marry a third time and there is
a subsisting marriage regardless of its validity). THUS, HIS MARRIAGE WITH LEMA IS NULL AND
VOID WITHOUT NEED FOR JUDICIAL DECLARATION.

2. Third marriage was contracted after the death of the first spouse, thus not bigamous.

DOCTRINE:

1. BIGAMY; MARRIAGE CONTRACTED DURING THE EXISTENCE OF THE FIRST MARRIAGE

IS VOID AB INITIO; NO JUDICIAL DECREE IS NECESSARY TO ESTABLISH ITS VALIDITY.
A subsequent marriage contracted by any person during the lifetime of his espouse is illegal and void
from its performance, and no judicial decree is necessary to establish its invalidity. A prosecution for
bigamy based on said void marriage will not lie.