` REPUBLIC OF THE PHILIPPINES

Regional Trial Court of Manila

Branch 47

Republic of the Philippines

Petitioner,

--- vs ---

Ernie Lopez
Respondent,

x-----------------------------------------------------x

MEMORANDUM FOR THE ACCUSED

STATEMENT OF THE CASE

This a case of bigamy filed by the plaintiff, Ramon Silvestre

against the respondent Ernie Lopez. Respondent deny the allegation for
its falsity, and that the same allegation substantiates its disqualification.

STATEMENT OF THE FACTS

Accused, through council, respectfully states that;

1) Accused-accomplice Ernie Lopez resident of 927 Esperidion

Street, Palanan, Makati City. Married to, Shiela Marie E. Lopez resident
of 65 Tinder Street, Ayala Alabang, Muntinlupa City, married toAnd
plaintiff is Ramon Silverstre of Imus, Cavite.
2) On December 17, 2019 Shiela Marie Lopez and I got married at
the St. James the Great Parish in Ayala Alabang Village in Muntinlupa
City. But, last January, I confessed that five years ago he had a
relationship with Monica Silverstre.

3) Unfortunately, Monica became pregnant and wanted to marry. But

I was honest enough to tell her otherwise. I have consistently given
support to Moana. Monica registered their daughter, using my surname
Lopez. She told about the registration long afterwards.

4) Last month, I received by mail copies of a marriage license issued

by the Civil Registrar’s office of Imus, Cavite, dated September 17,
2005 and a certificate of marriage in favor of Ernie and Monica showing
that they were married at the office of some religious pastor at the back
of Manila City Hall on August 4, 2005.

5) I saw the documents and insisted that I never married Monica.

The handwritten details on the marriage license application form were
clearly not mine.

6) The information about where I lived and the names of my parents

and specimens were all wrong as attested by a hand writing expert.

7) I confronted Monica and she confessed that in 2005, she got the
marriage license from Cavite with someone’s help and paid for the
marriage certificate.

8) Monica did not mail the documents but she suspects that it was
her father. Monica’s father appeared to have said that he would file
charges of bigamy against Ernie if he marries me.
 ISSUES

I. Whether or not the marriage license and certificate presented

by Ramon Silvestre is valid.

II. Whether or not Ernie Lopez is liable for Bigamy

ARGUMENTS

I. Plaintiff failed in proving the validity of the marriage license and

certificate.

Only copies of the marriage license and certificate were produced,

neither the original were provided. Adding to the injury, co-plaintiff,
Monica Silvestre, confessed to the falsification of the documents in.
Thus, the evidences’ authenticity is highly questionable in its
authenticity.

If it were true that the latter was found to be authentic, there are essential
and formal requisites of marriage that shall be complied with, and these
are found under the following provisions of the Family Code of the
Philippines:

“Article 2. No marriage shall be valid, unless these essential requisites

are present:

2) Consent freely given in the presence of the solemnizing officer.

-xxx-
Article 3. The formal requisites of marriage are:

1) Authority of the solemnizing officer;

3) A marriage ceremony which takes place with the appearance of the

contracting parties before the solemnizing officer and their personal
declaration that they take each other as husband and wife in the presence
of not less than two witnesses of legal age.”

-xxx-

Conclusively, Article 4 of the same law also states that;

“The absence of any of the essential or formal requisites shall render the
marriage void ab initio, except as stated in Article 35 (2).”

Hence, the marriage documents are void and it is deemed that no

marriage was celebrated, in the view of the foregoing.

II. Accused-Respondent is not liable for the crime of bigamy.

In Montanez v. Cipriano, the Court enumerated the elements of bigamy

as follows: The elements of the crime of bigamy are: (a) the offender has
been legally married; (b) the marriage has not been legally dissolved (c)
that he contracts a second or subsequent marriage; and (d) the second or
subsequent marriage has all the essential requisites for validity.

The felony is consummated on the celebration of the second marriage or

subsequent marriage. It is essential in the prosecution for bigamy that
the alleged second marriage, having all the essential requirements,
would be valid were it not for the subsistence of the first marriage.

Applying the later authorities, respondent-accused here in has not been

legally or lawfully married to a certain Monica Silvestre. Therefore, the
 accused is not liable for
bigamy.

Roll No. 17893776

IBPNo. 2039
PTR No.20000000
Address of Office: 187 Lawless street,
Bel-Air ,Batangas City.
MCLE Compliance No.426213
Email: Victorinolawoffice@gmail.com
Telephone: 8-539-3766

Atty. Hulton Go
Counsel for the Accused