Donato vs Luna

GR 53642 | April 15 1988

J. Gancayco

Fact:

Private Respondent Paz B. Abayan filed a civil action for declaration of nullity of her marriage
with petitioner on September 26, 1978. The following year, City Fiscal Amado N. Cantor filed
information for bigamy against Petitioner Donato on January 23, 1979.

Petitioner Donato said that his second marriage was void since it was solemnized without a
marriage license and that force, violence, intimidation and undue influence were employed to obtain
petitioner’s consent to the marriage.

Prior to the date set for trial of the Criminal case, petitioner filed a petition for certiorari and
prohibition with preliminary injunction to suspend a pending criminal case for bigamy in view of a
pending civil case for annulment of marriage on the ground that the latter constitutes a prejudicial
question. However, Respondent Judge ruled in the negative.

Petitioner filed for a motion for reconsideration.

Issue:

Should the criminal case of bigamy be suspended on account being of prejudicial question to the
pending civil case of annulment?

Held:

No, petitioner claiming that the second marriage has been obtained by force, intimidation and
due influence is belied on the fact that Petitioner Donato and Private Respondent Abayan had lived
together as husband and wife without the benefit of marriage for more than five years until their marital
union was formally ratified by the second marriage and that it was private respondent who eventually
filed the civil action for nullity.

Wherefore, petition is dismissed for lack of merit.