CRIM2 49. de Guzman Vs People of The Philippines

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G. R No.

224742, August 7, 2019

PRUDENCIO DE GUZMAN y JUMAQUIAO vs. PEOPLE OF THE PHILIPPINES

FACTS:

Prudencio De Guzman married Arlene on April 8, 1994. In 2007, Prudencio abandoned


his wife, Arlene with their children. In December 2009, a friend informed Arlene that Prudencio
contracted a second marriage with Jean Basan. Arlene secured a copy of Prudencio and
Basan’s marriage contract and filed a complaint against Prudencio for bigamy.

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:

Is Prudencio De Guzman guilty of bigamy?

HELD:

Yes, Prudencio De Guzman is guilty of the crime of bigamy.

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.

Therefore, the petitioner, Prudencio De Guzman is guilty beyond reasonable doubt of


the crime of Bigamy.

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