GR No.

138509, July 31, 2000

Petitioner: Imelda Bobis

Respondent: Isagani Bobis

Doctrine: Article III of the Civil code: Ignorance of the law, excuses no one in compliance therewith.

Facts:

• On Oct 21, 1985, respondent contracted his first marriage with Maria Dulce Javier
• Without having the first marriage annulled, he married Imelda Bobis-the petitioner
• On Feb 25, 1998, the petitioner files an information for bigamy under the Quezon City Trial
Court
• Thereafter the respondent filed a motion to suspend the criminal case against him because he
has a pending civil case to nullify his first marriage, in which the RTC approved.
• The petitioner filed a motion for reconsideration against the suspension of the criminal case.

Notes:

• The respondent’s justification for the suspension of the criminal case against him is that his first
marriage was not valid because of lack of marriage license, and he does not know that a formal
declaration of nullity of marriage is needed before contracting another marriage.
• Family code was effected August 3 of 1988, thus his second marriage is covered by it.
• Article 40 of the family code states that “The absolute nullity of previous marriage may be
invoked for purposes of remarriage on the basis solely of final judgement declaring such
previous marriage void”

Held: The decision of the Quezon City Trial court was reversed and setaside, and the court was ordered
to proceed immediately with the criminal case.