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    28-Capili Vs People

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    fhrizz de jesus
    The document discusses a case where a man named James Capili was charged with bigamy. He was previously married to Karla Medina-Capili and married another woman without legally dissolving the first marriage. James argued the pending nullification of the second marriage should suspend the bigamy case. The court held that a subsequent nullification of the second marriage is not grounds for dismissing a bigamy case, as long as the elements of bigamy were present when the second marriage occurred.

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    28-Capili Vs People

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    fhrizz de jesus
    9 views1 page
    The document discusses a case where a man named James Capili was charged with bigamy. He was previously married to Karla Medina-Capili and married another woman without legally dissolving the first marriage. James argued the pending nullification of the second marriage should suspend the bigamy case. The court held that a subsequent nullification of the second marriage is not grounds for dismissing a bigamy case, as long as the elements of bigamy were present when the second marriage occurred.

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    Case Digest- Persons and Family Relations

    Original Title

    28-Capili vs People

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    The document discusses a case where a man named James Capili was charged with bigamy. He was previously married to Karla Medina-Capili and married another woman without legally dissolving the first marriage. James argued the pending nullification of the second marriage should suspend the bigamy case. The court held that a subsequent nullification of the second marriage is not grounds for dismissing a bigamy case, as long as the elements of bigamy were present when the second marriage occurred.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    9 views1 page

    28-Capili Vs People

    Uploaded by

    fhrizz de jesus
    The document discusses a case where a man named James Capili was charged with bigamy. He was previously married to Karla Medina-Capili and married another woman without legally dissolving the first marriage. James argued the pending nullification of the second marriage should suspend the bigamy case. The court held that a subsequent nullification of the second marriage is not grounds for dismissing a bigamy case, as long as the elements of bigamy were present when the second marriage occurred.

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    © All Rights Reserved
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    Download as docx, pdf, or txt
    of 1

    Capili vs People (GR 183805, 3 July 2013)

    Doctrine: Art 36.Prejudicial Questions shall be governed by the ROC.

    FACTS: James Capili was charged with the crime of bigamy before the RTC of Pasig City. James was previously
    married to Karla Medina-Capili, and without said marriage being legally dissolved, contracted a second marriage with
    Shirley Tismo.
    James thereafter filed a Motion to Suspend Proceedings alleging that: (1) there is a pending civil case for declaration
    of nullity of the second marriage before the RTC of Antipolo City filed by Karla Y. Medina-Capili;; (2) in the event that
    the marriage is declared null and void, it would exculpate him from the charge of bigamy;; and (3) the pendency of
    the civil case for the declaration of nullity of the second marriage serves as a prejudicial question.
    Meanwhile, the RTC of Antipolo declared the voidness or invalidity of the second marriage on the ground that the
    subsequent marriage contracted by the husband during the lifetime of the legal wife is void from the beginning.
    James then filed a Motion to Dismiss the criminal case of bigamy, which the RTC granted. Private respondent filed
    an appeal in the CA, which reversed the RTC’s decision. James then filed a MR, but the same was denied. Thus, this
    petition for review on certiorari.
    ISSUE:
    Whether or not the subsequent declaration of nullity of the second marriage is a ground for dismissal of the criminal
    case for bigamy.
    HELD: No, the subsequent declaration of nullity of the second marriage is not a ground for dismissal of the criminal
    case for bigamy. In the present case, all the elements of the crime of bigamy were present.
    The accused may still be charged with the crime of bigamy, even if there is a subsequent declaration of the nullity of
    the second marriage, so long as the first marriage was still subsisting when the second marriage was celebrated.
    The outcome of the civil case for annulment of petitioner’s marriage to private complainant had no bearing upon the
    determination of petitioner’s innocence or guilt in the criminal case for bigamy, because all that is required for the
    charge of bigamy to prosper is that the first marriage be subsisting at the time the second marriage is contracted.
    Thus, the finality of the judicial declaration of nullity of petitioner’s second marriage does not impede the filing of a
    criminal charge for bigamy against him.

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