Mercado V Mercado (Tan)

VINCENT G. MERCADO, petitioner v CONSUELO TAN, respondent.
THE ISSUES:
A: Whether or not the element of previous legal marriage is present in order to convict petitioner.
B: Whether or not a liberal interpretation in favor of petitioner of Article 349 of the Revised Penal Code punishing
bigamy, in relation to Articles 36 and 40 of the Family Code, negates the guilt of petitioner
C: Whether or not petitioner is entitled to an acquittal on the basis of reasonable doubt
THE FACTS (quoted by Court of Appeals (CA) from the trial court’s judgment)
o April 10, 1976: Accused was married to Ma. Thelma Oliva

o June 27 1991: Accused was married to complainant Tan. Marriage Contract was duly executed and signed by the
parties. As entered in said document, the status of accused was ‘single’.
o Both marriages were consummated. Ma. Thelma Oliva bore 2 children. Ma. Consuelo Tan bore 1.
o October 5, 1992: a letter-complaint for bigamy was filed by complainant through counsel
o November 13, 1992: accused filed an action for Declaration of Nullity of Marriage against his 1st wife
o May 6, 1993: the marriage between Vincent G. Mercado and Ma. Thelma V. Oliva was declared null and void
o all the essential elements of the crime are present, namely:
1) that the offender has been previously legally married;
2) that the first marriage has not been legally dissolved or in case the spouse is absent, the absent
spouse could not yet be presumed dead according to the Civil Code
3) that he contracted a second or subsequent marriage;
4) that the second or subsequent marriage had all the essential requisites for validity
o Accused posited the defense that his previous marriage had been judicially declared null and void and that the
private complainant had knowledge of the first marriage of accused.
o RTC HELD: Since no declaration of the nullity of his first marriage ha[d] yet been made at the time of his second
marriage, it is clear that accused was a married man when he contracted such second marriage with
complainant. He was still at the time validly married to his first wife
"WHEREFORE, finding the guilt of accused Dr. Vincent Paul G. Mercado a.k.a. Dr. Vincent
G. Mercado of the crime of Bigamy punishable under Article 349 of the Revised Penal
Code to have been proven beyond reasonable doubt, [the court hereby renders]
judgment imposing upon him a prison term of three (3) years, four (4) months and
fifteen (15) days of prision correccional, as minimum of his indeterminate sentence, to
eight (8) years and twenty-one (21) days of prision mayor, as maximum, plus accessory
penalties provided by law.
Costs against accused."
o CA HELD: Agrees with the lower court, the Court of Appeals stated:
"Under Article 40 of the Family Code, ‘the absolute nullity of a previous marriage may
be invoked for purposes of remarriage on the basis solely of a final judgment declaring
such previous marriage void.’ But here, the final judgment declaring null and void
accused’s previous marriage came not before the celebration of the second marriage,
but after, when the case for bigamy against accused was already tried in court. And
what constitutes the crime of bigamy is the act of any person who shall contract a
second subsequent marriage ‘before’ the former marriage has been legally dissolved."
Case was delivered to SUPREME COURT:
o Accused filed Petition for Review on Certiorari on SC assailing CA’s decision for denying t reconsideration and
affirming RTC (Bacolod City) which convicted Petitioner Mercado of Bigamy, without reasonable doubt
PETITIONER ACCUSED MERCADO RESPONDENT COMPLAINANT TAN
Petitioner contends that he obtained a judicial Points out that that declaration came only after
declaration of nullity of his first marriage thus the Information had been filed. Hence, by then,
rendering it void ab initio. Unlike voidable the crime had already been consummated. She
marriages he argues that a void marriage is argues that a judicial declaration of nullity of a
deemed never to have taken place at all. void previous marriage must be obtained before a
Therefore, there is no first marriage to speak of at person can marry for a subsequent time.
all.
Quotes commentaries of former Justice Luis Reyes Justice Reyes changed his view on the subject in
that "it is now settled that if the first marriage is view of Article 40 of the Family Code and wrote in
void from the beginning, it is a defense in a bigamy 1993 that a person must first obtain a judicial
charge. But if the first marriage is voidable, it is not declaration of the nullity of a void marriage before
a defense." contracting a subsequent marriage
THE RULING:The Petition is not meritorious.
 all the elements of bigamy were present

 Court agrees with the respondent: petitioner contracted a second marriage although there was yet no judicial
declaration of nullity of his first marriage, crime had already been consummated by then. Even if he instituted
the Petition to have the first marriage declared void
WHEREFORE, the Petition is DENIED and the assailed Decision AFFIRMED. Costs against
petitioner. SO ORDERED.
THE PRINCIPLES
Section 29 of Act No. 3613 (Marriage Law)
Illegal marriages — Any marriage subsequently contracted by any person during the lifetime of the first spouse shall be
illegal and void from its performance, unless:
(a) The first marriage was annulled or dissolved;
(b) The first spouse had been absent for seven consecutive years at the time of the second marriage without the spouse
present having news of the absentee being alive, or the absentee being generally considered as dead and believed to be
so by the spouse present at the time of contracting such subsequent marriage, the marriage as contracted being valid in
either case until declared null and void by a competent court.
A judicial declaration of nullity of a previous marriage - is necessary before a subsequent one can be legally contracted,
even if the earlier union is characterized by statute as "void."
Bigamy - the act of going through a marriage ceremony while already married to another person.
- punishable under Article 349 of the Revised Penal Code

"The penalty of prision mayor shall be imposed upon any person who shall contract a
second or subsequent marriage before the former marriage has been legally dissolved, or
before the absent spouse has been declared presumptively dead by means of a judgment
rendered in the proper proceedings."
The elements of this crime are as follows:
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 yet be presumed dead according to the Civil Code;
3. That he contracts a second or subsequent marriage;
4. That the second or subsequent marriage has all the essential requisites for validity."
Voidable marriages – marriages that are considered valid until set aside by a competent court
*Cases cited by the SC:*
People v. Mendoza & People v. Aragon - bigamy cases involving an accused who married three times, the Court
ruled that there was no need for such declaration. In that case, the accused contracted a second marriage
during the subsistence of the first. When the first wife died, he married for the third time. The second wife then
charged him with bigamy. Acquitting him, the Court held that the second marriage was void ab initio because it
had been contracted while the first marriage was still in effect. Since the second marriage was obviously void
and illegal, the Court ruled that there was no need for a judicial declaration of its nullity. Hence, the accused did
not commit bigamy when he married for the third time.
- But in subsequent cases, the Court impressed the need for a judicial declaration of nullity
- the Court relied on Section 29 of Act No. 3613 (Marriage Law)
Vda de Consuegra v. GSIS - Jose Consuegra married for the second time while the first marriage was still
subsisting. Upon his death, the Court awarded one half of the proceeds of his retirement benefits to the first
wife and the other half to the second wife and her children, notwithstanding the manifest nullity of the second
marriage. It held: "And with respect to the right of the second wife, this Court observes that although the second
marriage can be presumed to be void ab initio as it was celebrated while the first marriage was still subsisting,
still there is need for judicial declaration of such nullity.
Tolentino v. Paras - a man married twice. In his Death Certificate, his second wife was named as his surviving
spouse. The first wife then filed a Petition to correct the said entry in the Death Certificate. The Court ruled in
favor of the first wife, holding that "the second marriage that he contracted with private respondent during the
lifetime of the first spouse is null and void from the beginning and of no force and effect. No judicial decree is
necessary to establish the invalidity of a void marriage.
Wiegel v. Sempio-Diy - Karl Heinz Wiegel filed an action for the declaration of nullity of his marriage to Lilia
Olivia Wiegel on the ground that the latter had a prior existing marriage. After pretrial, Lilia asked that she be
allowed to present evidence to prove, among others, that her first husband had previously been married to
another woman. In holding that there was no need for such evidence, the Court ruled: "x x x There is likewise no
need of introducing evidence about the existing prior marriage of her first husband at the time they married
each other, for then such a marriage though void still needs, according to this Court, a judicial declaration of
such fact and for all legal intents and purposes she would still be regarded as a married woman at the time she
contracted her marriage with respondent Karl Heinz Wiegel
Yap v. CA - Court reverted to the ruling in People v. Mendoza, holding that there was no need for such
declaration of nullity.
Domingo v. CA - the issue raised was whether a judicial declaration of nullity was still necessary for the recovery
and the separation of properties of erstwhile spouses. Ruling in the affirmative, the Court declared: "The Family
Code has settled once and for all the conflicting jurisprudence on the matter. A declaration of the absolute
nullity of a marriage is now explicitly required either as a cause of action or a ground for defense; in fact, the
requirement for a declaration of absolute nullity of a marriage is also for the protection of the spouse who,
believing that his or her marriage is illegal and void, marries again. With the judicial declaration of the nullity of
his or her first marriage, the person who marries again cannot be charged with bigamy
Terre v. Terre - involved an administrative Complaint against a lawyer for marrying twice. In rejecting the
lawyer’s argument that he was free to enter into a second marriage because the first one was void ab initio, the
Court ruled: "for purposes of determining whether a person is legally free to contract a second marriage, a
judicial declaration that the first marriage was null and void ab initio is essential." The Court further noted that
the said rule was "cast into statutory form by Article 40 of the Family Code." Significantly, it observed that the
second marriage, contracted without a judicial declaration that the first marriage was void, was "bigamous and
criminal in character."

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VINCENT G. MERCADO, petitioner v CONSUELO TAN, respondent.

C: Whether or not petitioner is entitled to an acquittal on the basis of reasonable doubt

o April 10, 1976: Accused was married to Ma. Thelma Oliva

Case was delivered to SUPREME COURT:

THE RULING:The Petition is not meritorious.

 all the elements of bigamy were present

Section 29 of Act No. 3613 (Marriage Law)

- punishable under Article 349 of the Revised Penal Code

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