CRIM2 49. de Guzman Vs People of The Philippines
CRIM2 49. de Guzman Vs People of The Philippines
CRIM2 49. de Guzman Vs People of The Philippines
FACTS:
Prudencio argued that his first marriage was void because the copy of their marriage
contract from the National Statistics Office did not bear the signature of the solemnizing officer.
He also argued that he was able to secure a Certificate of No Marriage Record from the
National Statistics Office.
ISSUE:
HELD:
Under the Revised Penal Code, Bigamy is committed when the offender has been
legally married, that the marriage has not been legally dissolved or, he contracts a second or
subsequent marriage and the second or subsequent marriage has all the essential requisites for
validity.
In the present case, De Guzman was legally married to Arlene base on the pieces of
evidence presented. He then contracted a subsequent marriage with Jean Basan without legally
dissolving his former valid marriage through the judicial declaration of nullity which is an
indispensable requirement for the purpose of remarriage. His subsequent marriage with Basan
also consists of the essential elements of marriage since they have legal capacity to contract
the marriage and that the consent was freely given in the presence of the solemnizing officer.