Mercado vs. Tan August 1, 2000 PANGANIBAN, J.

FACTS: Dr. Vincent G. Mercado and Maria Consuelo Tan got married on June 27, 1991 in Bacolod
City. A Marriage Contract was duly executed and signed by them. Mercado entered in that
document his status as “single”. Unknown to Tan, Mercado was already married to Thelma Oliva.
The first marriage was solemnized in Cebu City on October 10, 1976. Oliva bore Mercado two
children. Tan therefore filed a complaint for bigamy (Art. 349, RPC) against Mercado in Bacolod
City. Mercado, in his defense, said that his first marriage was already declared null and void as
Mercado filed an action for declaration of nullity of marriage against Oliva. In 1993, marriage
between Mercado and Oliva was declared null and void.and that Tan had knowledge of his first
marriage. The trial court ruled that Mercado’s first marriage was still subsisting and was liable. On
appeal, the CA affirmed the ruling of the trial court.
ISSUE 1. Whether or not the element of previous legal marriage is present in order to convict
petitioner Mercado of bigamy.
HELD:
Article 40 of the Family Code expressly requires a judicial declaration of nullity of the previous
marriage, as follows: "Article 40. The absolute nullity of a previous, , marriage may be invoked for
purposes of remarriage on the basis solely of a final judgment declaring such marriage void."

A declaration of nullity of marriage is now necessary before one can contract a second marriage.
Absent that declaration, one may be charged with and convicted of bigamy. Such declaration is also
necessary even if the earlier marriage is characterized by statute "void."

1In this case, petitioner Mercado contracted a second marriage even though there was yet no
judicial declaration of nullity in his first marriage. In fact, he instituted the Petition to have the first
marriage declared void only after Tan had filed a complaint charging him of bigamy. By contracting
a second marriage while the first was still subsisting, Mercado is liable for bigamy under Article 349
of the Revised Penal Code.