PFRDigest – Abunado Vs. People, G.R. No.

159218, 30 March 2004

Facts:
Salvador Abunado married Zenaida Binas in 1955 and they separated in 1966. He
contracted a second marriage to Narcisa Arcena in 1966 then Narcisa went to
Japan. While Narcisa was in Japan, he married Zenaida for the second time in
1989.

Narcisa came home in 1992 and discovered Salvador’s affair with Fe Corazon
Palto and his second marriage to Zenaida. The event was followed by Salvador’s
filing of an annulment case and the other hand, Narcisa filed for bigamy against
Salvador.

In his defense, Salvador contended that Narcisa consented to his marriage to

Zenaida and that the bigamy case should be suspended since the annulment case
is prejudicial.

Issue:
Is the resolution of the annulment case a requisite for the bigamy case to
prosper?

Held:
Annulment has no bearing upon determination of petitioner’s innocence or guilt
in bigamy. The only requirement for bigamy to prosper is that the first marriage
be subsisting when the second marriage was contracted.

Even void and voidable marriages shall be deemed valid until declared otherwise
by the Court. Salvador’s marriages to Zenaida and Narcisa are both subsisting,
which makes him guilty of bigamy.

A pardon by the offended party does not extinguish criminal action considering
that a crime is committed against the state. Bigamy is a public offense which can
be denounced by even a civic-spirited citizen who may come to know of it.