In a bigamy case, the Supreme Court reiterated that no one can unilaterally declare their marriage void; a judicial declaration of nullity is required before remarrying. This means that a person cannot simply assume their marriage is invalid and remarry without a court order. The Court emphasized that even if a marriage certificate has discrepancies or a Certificate of No Marriage Record is issued, it does not automatically dissolve a marriage. The accused, Prudencio De Guzman, was found guilty of bigamy for contracting a second marriage without a court declaration nullifying his first marriage. This decision reinforces the importance of following legal procedures to avoid criminal liability and protects the sanctity of marriage by requiring formal annulment processes.

Second Chances or Second Crimes? Examining Bigamy Amidst Reconciliation

This case revolves around Prudencio De Guzman, who married Arlene De Guzman in 1994. Years later, he abandoned his family and entered into a second marriage with Jean Basan in 2009. Arlene discovered the second marriage and filed a bigamy complaint against Prudencio. His defense was that his marriage to Arlene was void due to a missing signature on their marriage contract and that he was acting in good faith based on a Certificate of No Marriage Record. The central legal question is whether Prudencio could be convicted of bigamy despite his claims that his first marriage was void and his subsequent reconciliation with Arlene.

The trial court found Prudencio guilty of bigamy, a decision affirmed by the Court of Appeals. The Supreme Court denied Prudencio’s petition, upholding the conviction. The Court emphasized the necessity of a judicial declaration of nullity before remarriage, citing Teves v. People, which firmly establishes the requirement for a final judgment declaring a previous marriage void before contracting a subsequent marriage. The ruling underscores that good faith, based on a Certificate of No Marriage Record, is insufficient to overcome the legal impediment of a prior existing marriage.

The Supreme Court addressed Prudencio’s argument that the prosecution failed to present a copy of the marriage license. The Court stated that the certified true copy of the Marriage Certificate sufficed to establish the existence of the marriage. The absence of the marriage license was not a fatal flaw. This reflects the court’s understanding that the marriage certificate serves as primary evidence, especially when corroborated by other evidence like wedding photos and admissions made by the accused.

Prudencio’s claim regarding the missing signature of the solemnizing officer was also dismissed. The trial court found that the absence was merely an inadvertent error. The court noted that another copy of the Marriage Certificate under the Local Civil Registry bore the required signature. The court also scrutinized the documents, stating that the:

…two (2) marriage contracts contain the same details of the civil wedding ceremony between the accused and the complainant. Even the signatures of the parties and their witnesses have a striking resemblance to the naked eye. The only logical explanation for this is that the duplicate original that must have been forwarded by the local civil registry to the NSO was not signed by the solemnizing officer but the other duplicate original on file with the local civil registry is duly signed.

This demonstrates the court’s focus on substance over form, recognizing that minor discrepancies do not invalidate a marriage if the essential elements are present.

Arlene’s Affidavit of Desistance, executed after Prudencio’s conviction, was given little weight. The court generally views affidavits of desistance executed after a judgment of conviction with skepticism. The court observed that Arlene cited a “misunderstanding” as the reason for filing the complaint, which they had since resolved through reconciliation. The court noted that such an affidavit could not negate the established elements of bigamy. As the Court of Appeals emphasized, an afterthought holds no probative value. The Supreme Court echoed this sentiment, referencing People v. Dela Cerna, which provides that:

An affidavit of desistance is a sworn statement, executed by a complainant in a criminal or administrative case, that he or she is discontinuing or disavowing the action filed upon his or her complaint for whatever reason he or she may cite. A survey of our jurisprudence reveals that the court attaches no persuasive value to a desistance, especially when executed as an afterthought.

The decision highlights the elements of bigamy as established by the trial court and affirmed by the Court of Appeals. These elements are that:

(1) the marriage between the appellant and the private complainant is still existing; (2) the same has not been legally declared to be dissolved; (3) appellant contracted a subsequent marriage with a certain Jean Basan while his first marriage with the private complainant is still subsisting; and (4) the second marriage has all the essential requisites for its validity.

All these elements were satisfied in Prudencio’s case, leading to his conviction. The Court also made reference to Article 40 of the Family Code which states that:

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.

This article served as a crucial legal foundation for the Court’s decision.

This case underscores the critical importance of obtaining a judicial declaration of nullity before remarrying. A Certificate of No Marriage Record or minor discrepancies in marriage documents are insufficient to dissolve a marriage. Individuals must seek legal remedies to formally annul or declare their marriage void to avoid criminal liability for bigamy. Furthermore, reconciliations and affidavits of desistance after a conviction do not automatically overturn a guilty verdict. The prosecution successfully proved all elements of bigamy beyond reasonable doubt. Therefore, Prudencio De Guzman’s conviction was upheld, serving as a reminder of the legal consequences of bigamy and the necessity of adhering to established legal procedures.

FAQs

What was the key issue in this case?	The key issue was whether Prudencio De Guzman was guilty of bigamy for contracting a second marriage without a judicial declaration nullifying his first marriage. The Court needed to determine if his claims of good faith and a defective marriage certificate were sufficient defenses.
What is the significance of Article 40 of the Family Code?	Article 40 states that a previous marriage can only be considered void for remarriage purposes if there is a final court judgment declaring it void. This means individuals cannot unilaterally decide their marriage is void; they must obtain a formal declaration from the court before remarrying.
Why was the Certificate of No Marriage Record not a valid defense?	The Court ruled that the Certificate of No Marriage Record was not a valid defense because it did not prove that Prudencio’s first marriage was legally dissolved. It was insufficient for him to assume his first marriage was voided.
What evidence did the prosecution use to prove the first marriage?	The prosecution used the certified true copy of the Marriage Certificate, wedding photos, and Prudencio’s admissions in his Counter-Affidavit to prove the existence of the first marriage. These pieces of evidence, taken together, were sufficient to establish the marriage.
Why was the affidavit of desistance given little weight?	The affidavit of desistance was given little weight because it was executed after the trial court’s judgment. Courts generally view such affidavits with skepticism, especially when they appear as an afterthought.
What are the elements of bigamy that the prosecution had to prove?	The prosecution had to prove that Prudencio had a prior existing marriage that had not been legally dissolved, and that he subsequently contracted a second marriage that had all the essential requisites for validity. All these elements were proven beyond reasonable doubt.
What was the penalty imposed on Prudencio De Guzman?	Prudencio was sentenced to an indeterminate penalty of imprisonment of four (4) years, two (2) months, and one (1) day of prision correccional, as minimum, to eight (8) years and one (1) day of prision mayor, as maximum. He was also ordered to pay the costs of the suit.
Does a missing signature on a marriage certificate automatically invalidate a marriage?	Not necessarily. The court found that the missing signature of the solemnizing officer on one copy of the marriage certificate was an inadvertent error. The court considered the presence of a signed copy in the Local Civil Registry and other evidence.

In conclusion, this case serves as a crucial reminder of the legal requirements for remarriage in the Philippines. Individuals must ensure they obtain a judicial declaration of nullity for their previous marriage before entering into a new one to avoid criminal liability for bigamy. The court’s decision reinforces the importance of adhering to established legal procedures and upholding the sanctity of marriage.

For inquiries regarding the application of this ruling to specific circumstances, please contact ASG Law through contact or via email at frontdesk@asglawpartners.com.

Disclaimer: This analysis is provided for informational purposes only and does not constitute legal advice. For specific legal guidance tailored to your situation, please consult with a qualified attorney.
Source: Prudencio De Guzman v. People, G.R. No. 224742, August 7, 2019