JOSE C. SERMONIA V. HON.

COURT OF APPEALS

(G.R. No. 109454, June 14, 1994)

BELLOSILLO, J.:

FACTS:

Petitioner Sermonia was charged with bigamy before the RTC of Pasig for contracting marriage with Ma.
Lourdes Unson while his prior marriage to Virginia C. Nievera remained valid.

The Petitioner’s motion to quash his criminal liability for bigamy on the grounds of prescription was
denied by the respondent judge.

The Court of Appeals dismissed the petition where the appellate court ruled that the principle of
constructive notice should not be applied in the case at bar.

Petitioner alleged that since the second marriage contract was duly registered with the Office of the Civil
Registrar, it becomes a public record and the offended party had constructive notice of such marriage.
Hence, prescription should commence to run from the day of the marriage registration until fifteen
years after, where the offended party’s right to file the bigamy already prescribed.

ISSUE:

Whether or not Petitioner Sermonia’s prosecution for bigamy already prescribed

HELD:

No. The Court held that the fifteen-year prescription for bigamy charged by the offended party, the
authorities and their agency run from the time they had knowledge of the 2nd marriage and not as the
petitioner contends, on the registration of the same with the Civil Registrar.

The non-application to the crime of bigamy of the principle of constructive notice is not contrary to the
well-entrenched policy that penal laws should be construed liberally in favor of the accused. The
Petitioner clearly contracts the bigamous marriage in a place where he is not known to still be a married
person. Considering the concealment done by the Petitioner as to his first marriage, if the prescriptive
period for the offense of bigamy would be counted otherwise, this would encourage fearless violations
of a social institution protected by law.