The Supreme Court (SC) has reiterated that a previous void marriage can be used as a defense on a charge of bigamy even if there is no judicial determination on the nullity of the previous marriage.

With the ruling, the SC acquitted a woman who was charged with bigamy as it reversed the decisions handed down by both the regional trial court (RTC) and the Court of Appeals (CA).

Acquitted in a decision (GR No. 233512) written by Associate Justice Alfredo Benjamin S. Caguioa was Fe (not her complete name).

Fe was charged with bigamy under Article 349 of the Revised Penal Code (RPC) for marrying Jim (also not his complete name) while she was “still married” to a Japanese national.

In her defense, Fe told the trial court that her marriage with the Japanese was void because there was no marriage ceremony done and no marriage license issued.

She submitted a certification from the local civil registrar which confirmed that there was no record of the application for a marriage license for her and the Japanese.

However, both the RTC and the CA convicted Fe with a ruling that she was criminally liable for bigamy since her first marriage with the Japanese was not judicially declared void prior to her marriage with Jim.

Citing its previous ruling, the SC said an accused in a bigamy case may directly argue that a previous marriage is void as a defense, even without a prior court declaration.

It explained that one of the essential elements of bigamy is the existence of a valid prior marriage, and thus, if the first marriage was void from the beginning, that element is absent.

Ruling in favor of Fe’s petition, the SC said: “If the supposed ‘first marriage’ was void ab initio (from the beginning), it is inexistent from the beginning, and thus, an element of the felony would be lacking.”

It also said:

“In which case, the acquittal of the accused for the felony of bigamy is warranted. Applying the foregoing to this case, Fe has assailed the validity of her prior marriage to the Japanese in the absence of a valid marriage license.

“As proof, Fe submitted the Certification dated Jan. 14, 2009 issued by the Office of the Civil Registrar of (place omitted) which states that: ‘No record of application for marriage license of (Fe and the Japanese) who are alleged to have applied in June 2000 in this municipality. Hence, we cannot issue, as requested, a true copy of the Application for Marriage License or transcription from the Register of Applications for Marriage License.’

“There being no other proof of the validity of the marriage between (Fe and the Japanese), then there is reasonable doubt as to the existence of a prior marriage, which is one of the elements of bigamy.

“Accordingly, the petition for review on certiorari is hereby granted. The Decision dated Jan. 16, 2017 and Resolution dated Aug. 10, 2017 of the Court of Appeals in CA-G.R. CR No. 38253, which affirmed the Decision dated Oct. 26, 2015 of Branch 51, Regional Trial Court … in Criminal Case No. G-7713, are reversed and set aside. Petitioner Fe is acquitted. Let entry of judgment be issued immediately.”