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Under Article 349 of the Revised penal Code, in order for bigamy to
arise, the following elements must concur: (1) That the offender has been
legally married, (2) That the marriage has not been legally dissolved or in
case his or her spouse is absent, the absent spouse could not be presumed
dead according to the civil code, (3) That he contacts a second or a
subsequent marriage, (4) That the second or subsequent marriage has all the
essential requisites for validity.1
The facts of the given problem show that Beru had a prior marriage,
which took place in 1998 with her first boyfriend Lando. Owen, the present
husband of Beru, is seeking relief by filing a complaint for Bigamy against
her.
The Issues:
(2) WHETHER OR NOT there was a valid marriage between Beru and
Lando.
1 Luis Reyes, The Revised Penal Code Book Two (Manila: Rex Bookstore,
2012), 972.
2 Adong v. Cheong Seng Gee, 43 Phil. 43.
3 Wenning v. Teeple, 144 In. 189.
4 Melencio Sta. Maria, Persons and Family Relations (Manila: Rex Book Store,
2010), 154.
5 People v. Cruz, 208 SCRA 326.
6 People v. Ragas, 44 SCRA 152.
Leo Joselito E. Bono LLB-I EH408 (Prosecution Case Summary) 2
There are steps before a valid marriage can arise. It is within the
context of the family code that gives guidelines for marriage and family
relations. In the case at bar, Beru had an alleged simulated marriage with
Lando. Taking into account the context of the family code, it is not really
proper for a solemnizing officer to give into consideration a “simulated”
marriage for another purpose besides establishing a conjugal and family life.
Marriage is a sacred union and cannot be considered as an object of ridicule.
The state protects the family as contemplated under our constitution. If
people would be allowed to do simulated marriages, then that would be
tantamount to allowing future damages to our society
Taking into account everything that has been stated, it goes to show
that Beru did commit Bigamy. Their marriage with Lando was valid and
legal, it was not legally dissolved when she contracted a marriage with
Owen, and Owen and Beru’s marriage is also valid. Hence, Beru is
criminally liable under Article 349 of the Revised Penal Code.
Leo Joselito E. Bono LLB-I EH408 (Prosecution Case Summary) 4
BIBLIOGRAPHY
Reyes, Luis. The Revised Penal Code Book II. 2012 ed. Manila: Rex
Publishing, 2012.