Bigamy: prior judicial declaration of nullity required before remarriage
Summary
Vincent Mercado was convicted of bigamy for marrying Consuelo Tan in 1991 while still married to Thelma Oliva since 1976. Though Mercado obtained a judicial declaration of nullity of his first marriage in 1993, the Supreme Court affirmed his conviction, ruling that Article 40 of the Family Code requires judicial declaration of nullity before remarriage, even for void marriages. The Court resolved conflicting jurisprudence by overturning People v. Mendoza and People v. Aragon, establishing that one cannot assume a marriage is void but must secure judicial declaration before remarrying. The decision emphasized that bigamy is consummated upon contracting the second marriage without prior judicial declaration, regardless of subsequent nullity declarations. The Court also denied damages to the complainant, finding she was aware of the first marriage.
Focus of dispute
Whether a person can be convicted of bigamy when marrying a second time without first obtaining judicial declaration of nullity of the first marriage, even if the first marriage is later declared void ab initio
Legal facts
Vincent Mercado married Ma. Thelma Oliva on April 10, 1976 in Cebu City. While this marriage was still subsisting, he married Ma. Consuelo Tan on June 27, 1991 in Bacolod City, representing himself as single. Both marriages were consummated and produced children. On October 5, 1992, Tan filed a bigamy complaint. On November 13, 1992, after the bigamy case was filed, Mercado filed for declaration of nullity of his first marriage, which was granted on May 6, 1993.
Judgement and reasoning
Court of Appeals (CA)
Affirmed RTC conviction, ruling that under Article 40 of the Family Code, absolute nullity of previous marriage may be invoked for remarriage only on basis of final judgment declaring such marriage void. Since final judgment declaring first marriage null came after the second marriage, not before, accused committed bigamy. The crime is consummated by contracting second marriage before former marriage has been legally dissolved.
Regional Trial Court (RTC) of Bacolod City
Convicted Dr. Vincent Paul G. Mercado of bigamy under Article 349 of the Revised Penal Code, finding all elements proven beyond reasonable doubt. Imposed prison term of 3 years, 4 months and 15 days of prision correccional (minimum) to 8 years and 21 days of prision mayor (maximum), plus accessory penalties. Court ruled that at the time of second marriage, accused was still validly married to his first wife as no judicial declaration of nullity had yet been obtained.
Supreme Court (SC)
Affirmed conviction, holding that Article 40 of Family Code requires judicial declaration of nullity of void marriage before contracting subsequent marriage. Clarified conflicting jurisprudence, overruling People v. Mendoza and People v. Aragon which held no judicial declaration was needed for void marriages. Emphasized that even void marriages need judicial declaration before one can remarry. Crime was consummated when second marriage was contracted without prior judicial declaration, regardless of subsequent nullity declaration. Also denied respondent's claim for damages, finding she was aware of first marriage when she married accused.