Apiag Vs Cantero

APIAG VS CANTERO against him for immorality because at the time
of the second marriage, the prevailing

MARIA APIAG, TERESITA CANTERO SECUROM and jurisprudence was that a judicial declaration of
GLICERIO CANTERO, complainants, vs. JUDGE nullity is not needed in void marriages. The
ESMERALDO G. CANTERO, respondent. subsequent marriage of the judge was
solemnized just before the SC decided the case
Facts: In a letter-complaint dated November 10, 1993,
of Wiegel v Sempio Diy declaring that there was
Maria Apiag Cantero with her daughter Teresita A.
a need for a judicial declaration of nullity of a
Cantero Sacurom and son Glicerio A. Cantero charged
void marriage.
the respondent, Judge Esmeraldo G. Cantero of the
Municipal Circuit Trial Court of Pinamungajan-
Aloquinsan, Cebu, among other causes of action to have
allegedly having committed bigamy.
After some time in the marriage, the judge left without

without any apparent cause and left Maria to raise the
two children.
The respondent judge in his comment explained that

the marriage was void because the alleged marriage
was only dramatized at the instance of their parents just
to perform their wishes and purposes on the matter,
without his consent freely given. He was only called by
his parents to go home to their town at Hinundayan,
Southern Leyte to attend party celebration of his sister’s
birthday without knowing he was made to appear in a
certain drama marriage and forced to acknowledge
their signatures appearing in the duly prepared
marriage contract. He was only 20 years old and was on
his second year in high school.
Issue: WON a decree of nullity of marriage is needed to

declare the prior marriage void.
SC Ruling: The office of the Office of the Court

Administrator found the judge Guilty of the
crime of Grave Misconduct (Bigamy and
Falsification of Public Documents). While the
case was still being deliberated, the Judge died.
The court decided to resolve the case to
determine if there would be a forfeiture of the
death and retirement benefits of the judge.
The Supreme Court ruled that the acts charged

against respondent Judge Cantero clearly
pertain to his personal life and have no direct
relation to his judicial function. Neither do these
misdeeds directly relate to the discharge of his
official responsibilities. Therefore, said acts
cannot be deemed misconduct much less gross
misconduct in office.
The SC also ruled that the second marriage

cannot be the basis of administrative liability
years prior their marriage. In violation of our
SANTIAGO VS PEOPLE OF THE PHILIPPINES law against illegal marriages, petitioner married
Santos while knowing full well that they had not
LEONILA G. SANTIAGO, Petitioner, vs. PEOPLEOF THE yet complied with the five-year cohabitation
PHILIPPINES, Respondent. requirement under Article 34 of the Family
Code. Consequently, it will be the height of
Facts: 4 months after solemnization of marriage, Leonila absurdity for this Court to allow petitioner to
Santiago, the 2nd wife (petitioner) and Nicanor Santos use her illegal act to escape criminal conviction.
were served an information for Bigamy for it was known
that Nicanor was still married to Estela when he entered
into the 2nd marriage. Petitioner Leonila G. Santiago is hereby found
guilty beyond reasonable doubt of the crime of
He was able to escape while Leonila pleaded ‘not guilty’ bigamy as an accomplice. She is sentenced to
stating the fact that when she married him, she thought suffer the indeterminate penalty of six months
he was single. She further contends that their marriage of arresto mayor as minimum to four years of
was void due to lack of marriage license, wherein she prision correctional as maximum plus accessory
should not then be charged with bigamy. penalties provided by law.
11 years after inception of criminal case, Estela Galang,

the first wife, testified for the prosecution. She alleged
that she had met petitioner and introduced herself as
the legal wife. Leonila denied allegation and stated that
she met Estela only after she had already married
Nicanor.
Issues: W/N petitioner is co-accused in the instant case

of Bigamy.
W/N marriage between Leonila and Nicanor is valid
SC Ruling: The RTC and CA ruled that the accused

Leonila G. Santiago is guilty beyond reasonable doubt of
the crime of Bigamy.
1. The SC affirmed the decision of the lower courts

that the 2nd wife knew that her husband was
previously married and that she also was validly
charged with bigamy. The knowledge of the
second wife of the fact of her spouse's existing
prior marriage constitutes an indispensable
cooperation in the commission of bigamy,
which makes her responsible as an accomplice.
2. The cause of action of petitioner, meaning her

affirmative defense in this criminal case of
bigamy, is that her marriage with Santos was
void for having been secured without a
marriage license. But as elucidated earlier, they
themselves perpetrated a false Certificate of
Marriage by misrepresenting that they were
exempted from the license requirement based
on their fabricated claim that they had already
cohabited as husband and wife for at least five

Apiag Vs Cantero

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APIAG VS CANTERO against him for immorality because at the time

of the second marriage, the prevailing

After some time in the marriage, the judge left without

The respondent judge in his comment explained that

Issue: WON a decree of nullity of marriage is needed to

SC Ruling: The office of the Office of the Court

The Supreme Court ruled that the acts charged

The SC also ruled that the second marriage

11 years after inception of criminal case, Estela Galang,

Issues: W/N petitioner is co-accused in the instant case

SC Ruling: The RTC and CA ruled that the accused

1. The SC affirmed the decision of the lower courts

2. The cause of action of petitioner, meaning her

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