Marbella-Bobis v. Bobis

Summary

This Supreme Court case definitively establishes that a subsequent civil action for declaration of nullity of marriage does not constitute a prejudicial question justifying suspension of a criminal bigamy case. The Court emphasized that Article 40 of the Family Code requires prior judicial declaration of nullity before remarrying, and parties cannot judge marriage validity themselves. The decision prevents accused persons from avoiding bigamy prosecution by belatedly filing nullity cases after being charged. The Court held that without prior judicial declaration of nullity, the first marriage is presumed subsisting, making the second marriage bigamous regardless of any subsequent civil proceedings. The ruling protects the integrity of both criminal prosecution and marriage laws by preventing procedural manipulation.