Manuel v. People

(a)
On April 22, 1996, Baguio City, Philippines, Eduardo P. Manuel, respondent, contracted a
second marriage with Tina Gandalera-Manuel, complainant, in RTC of Baguio City. It so appeared in the
marriage contract that Manuel was single.
(b)
Eduardo P. Manuel was previously legally married to Rubylus Gana without the said
marriage having been legally dissolved before the second marriage.
(c)
Tina Gandalera-Manuel did not know the existence of the first marriage of the
respondent to Rubylus Gana.
(d)
On July 28, 1975, Makati, Eduardo was married to Ruby.
(e)
On January 1996, Eduardo met Tina in Dagupan City. Afterwards, Eduardo went to
Baguio to visit her and he proposed assuring her that he was single.
(f)
Starting 1999, Manuel started making himself scarce and went to their house only twice
or thrice a year.
(g)
Sometime in January 2001, Eduardo took all his clothes, left, and did not return. He
stopped giving financial support.
(h)
Sometime in August 2001, Tina learned that Eduardo had been previously married.
(i)
Eduardo testified that he declared that he was single because he believed in good faith
that his marriage was invalid. He said he did not know he had to go to the court to seek for nullification of
his first marriage before marrying Tina. Ruby was jailed and he had not heard from her for more than 20
years.
On July 2, 2002, RTC found Eduardo guilty beyond reasonable doubt of bigamy under Article 349 of the
RPC, and sentenced him an indeterminate penalty of from six (6) years and ten (10) months, as minimum
to ten (10) years, as maximum, and directed to indemnify the private complainant, Tina Gandalera, the
amount of P200,000 by way of moral damages, plus costs of suit.
Manuel appealed the decision to the CA. He insisted that conformably to Article 3 of the RPC, there must
be malice for one to be criminally liable for a felony. He posited that the RTC should have taken into
account Article 390 of the New Civil Code.
On June 18, 2004, the CA rendered judgment affirming the decision of the RTC with modification to
indeterminate penalty of two (2) years, four (4) months and one (1) day of prision coreccional, as
minimum, to ten (10) years of prision mayor as maximum, and affirmation in all other respect, as to the
penalty of the accused. It ruled that the prosecution was able to prove all the elements of bigamy.
Contrary to the contention of the appellant, Article 41 of the Family Code should apply.
Issues:
The issues of the petition are:
(1)
Whether or not the CA committed reversible error of law when it ruled that petitioners first
wife cannot be legally presumed dead under Article 390 of the Civil Code as there was no judicial
declaration of presumptive death as provided for under Article 41 of the Family Code; and
(2)
Whether or not the CA committed reversible error of law when it affirmed the award of
P200,000 as moral damages as it had no basis in fact and in law.
Held:
(1)
No. The petitioners sole reliance on Article 390 of the Civil Code as basis for his
acquittal for bigamy is misplaced. The presumption of death of the spouse who had been absent for
seven years, is created by law and arises without necessity of judicial declaration. However, Article 41, of
the Family Code, which amended the foregoing rules on presumptive death, provides that for the purpose
of contracting a subsequent marriage (under its preceding paragraph), the spouse present must institute
a summary proceeding as provided in the Court for the declaration of presumptive death of the absentee,
without prejudice to the effect of reappearance of the absent spouse.
(2)
No. The Court rules against the petitioner. The petitioner is liable to the private
complainant for moral damages under Article 2219 in relation to Articles 19, 20, and 21 of the Civil Code.
The Court thus declares that the petitioners acts are against public policy as they undermine, and subvert
the family as a social institution, good morals, and the interest, and general welfare of society. Because
the private complainant was an innocent victim of the petitioners perfidy, she is not barred from claiming
moral damages. Even considerations of public policy would not prevent her from recovery as held in
Jekshewitz v. Groswald.

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(a)

On July 28, 1975, Makati, Eduardo was married to Ruby.

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