VITANGCOL V REP

Sometime in 1987, Norberto Vitangcol had become romantically involved with Alice G.
Eduardo and decided to get married in 1994. Before finalizing their marriage plans,
petitioner revealed to Alice that he had a with “fake marriage” with Gina Gaerlan, his
college girlfriend, but nevertheless, Alice convinced him that they proceed with the
wedding. They decided to get married in 1994, and thereafter had three children.
Sometime in 2007, Norberto heard rumors from their household workers that Alice was
having an affair with a married man, which he had confirmed later on after hearing a
phone conversation with her paramour. This had prompted Norberto to consult legal
advice, who later on convinced Alice to end the affair to avoid a possible criminal liability
she may incur if she continued seeing her paramour.
Allegedly in retaliation to the threat of criminal action against her, Alice filed the Criminal
Complaint for Bigamy against Norberto. The RTC of Manila found him guilty beyond
reasonable doubt, and consequently, the petitioner filed an appeal with the CA, who
modified the penalty imposed to him.
Furthermore, Norberto argued that he cannot be convicted due to bigamy because of
the absence of record of the marriage license allegedly issued in his favor and his first
wife, Gina, thus, an absence of an essential requisite of marriage, the marriage license,
his first marriage is not valid. Also, Norberto argued that the legal dissolution of the first
marriage is not an element of bigamy, that nothing in Article 349 of the Revised Penal
Code that punishes bigamy based on that requirement.