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35 Cases
Family Code
Art. 35. Void and Voidable Marriages. The following marriages shall be void from the
beginning:
1.
2.
3.
Cipriano.
Those contracted by any party below either years of age even with the consent of
2001, respondent filed a Petition for the Annulment of her marriage with
parents or guardians;
Family Code.
unless such marriages were contracted with either or both parties believing in
2003, RTC declared the marriage of Respondent and Socrates null and void.
good faith that the solemnising officer had the legal authority to do so;
2004, Silverios daughter from SIlverios first marriage, filed a Complaint for
Chapter;
4.
5.
Those contracted through mistake of one contracting party as to the identity of the
other; and
6.
1983, during the substance of the said marriage, respondent married, Silverio
Respondent alleged that the first marriage was already declared void ab initio in
2003, a year before the filing of the bigamy case.
The Prosecution filed in its Comment arguing that the crime of bigamy had
already been consummated when respondent filed her petition for declaration of
nullity.
Cases:
RTC ruled in favor of Respondent because they believed that there was no more
Montaes vs Cipriano
first marriage to speak of and thus the element of two valid marriages in bigamy was
absent.
Peralta, J.
FACTS:
ISSUES
Petition for review on certiorari seeking to annul the decision of the RTC which
1. Whether or not the declaration of nullity of respondents first marriage justifies the
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This was done in order to (1) have the judgment recognized and (2) have declared
1. No. The respondents clear intent is to obtain a judicial declaration of nullity of her
the marriage between Marinay and Maerkara void ab initio under Article 35 of the
first marriage in order to prevent her prosecution for bigamy. At the time the
Family Code and (3) for the annotation of the judgement by the Office of the
subsisting as it had not yet been legally dissolved. The crime of bigamy was
RTC dismissed the petition on the ground of the violation of the Rule on
marriage.
Marriages. - Only the husband or wife can file the petition to declare their marriage
void, making Fujiki the wrong party to file the case.
Fujiki sought reconsideration claiming that the case was for recognition of foreign
judgement and thus a special proceeding so the rule does not apply.
Carpio, J.
FACTS
OSG agreed with Fujiki, believing that he is an injured party who can sue to
Marinay.
ISSUES
Fujiki could not bring Marinay to Japan because of her parents, so they lost contact
a foreign judgment nullifying the subsequent marriage between his or her spouse
Maekara (Maekara) and then went to Japan where she suffered physical abuse.
Marinay contacted Fujiki, and they were able to reestablish their relationship.
HELD
Fujiki obtained a judgment from a family court in Japan that declared Marinay and
1. No. There is no reason to prevent Fujiki from simply proving as a fact the
Then, Fujiki filed a petition in the RTC for a Recognition of Foreign Judgment.
Marinay and Maerkara on the ground of bigamy. And also because the
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judgment is fully consistent with public policy since bigamous marriage are
declared void from the beginning under Article 35(4) of the Family Code.
2. Yes. The former husband is an injured party, therefore he can file a petition
HELD
1. No. It is a settled rule that the criminal culpability attaches to the offender upon
(unimportant).
the commission of the offense, and from that instant, liability appends to him
Capili vs. People
until extinguished as provided by law. It is clear then that the crime of bigamy
July 3, 2013
Peralta, J.
marriage with private respondent. Those, the finality of the judicial declaration of
FACTS
nullity of petitioners second marriage does not impede the filing of a criminal
James Capili married Shirley Tismo, while his previous marriage with Karla
pending civil case of the declaration of nullity of the second marriage filed by
Peralta, J.
Karla Capili, (2) in the event that the marriage is declared null and void, it will
FACTS
exculpate him from the charge of bigamy, and (3) the pendency of the civil case
In the interim, the RTC of Antipolo declared the second marriage void ab initio.
Petitioner then filed his Manifestation and Motion to Dismiss on the ground that the
1999, RTC granted petition declaring marriage void ab initio for lack of a marriage
license.
ISSUE
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extinguished as provided by law and that the time of filing of the criminal complaint
Respondent moved for the quashal of the information on two grounds: (1) that the
facts do not charge the offence of bigamy; and (2) that the criminal action or
liability has been extinguished (because of the declaration of nullity).
Perez, J.
Petition was granted. RTC branch instruction to give due course to and receive
FACTS
evidence on the petitioners motion to quash and resolve the bigamy case.
"A motion to quash information is the mode by which an accused assails the validity
of a criminal complaint or information filed against him for insufficiency on its face in
point of law, or for defects which are apparent in the face of the information.
Eliseo Quiazon (Eliseo), filed by herein respondents who are Eliseos commonlaw wife and daughter.
Petition was opposed by petitioners Amelia Garcia-Quiazon (Amelia) to whom
ISSUE
1994, Elise Quiazon represented by her mother, Lourdes Quiazon. filed the Petition
for Letters for Administration before the RTC of Las Pias City.
HELD
Elise claims that she is the natural child of Eliseo having been conceived and
born at the time when her parents were both capacitated to marry each other.
between petitioner and respondent only after the latter contracted the
Elise impugned the validity of Eliseos marriage to Amelia claiming that it was
bigamous for having been contracted doing the subsistence of the latters marriage
that the facts alleged in the information for Bigamy does not constitute an
offense. Settled is the rule that criminal culpability attaches to the offender upon
the commission of the offense and from that instant, liability appends to him until
She filed the Letters in order to preserved the estate of Eliseo and to prevent the
dissipation of its value and her appointment as administratrix.
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