The Supreme Court Clarifies: Void Marriages Can Be Defended in Bigamy Cases Without Prior Judicial Declarations

Luisito G. Pulido v. People of the Philippines, G.R. No. 220149, July 27, 2021

Imagine finding yourself entangled in a legal web, accused of bigamy, yet believing your previous marriage was void from the start. This was the situation faced by Luisito G. Pulido, who sought to defend himself against bigamy charges by asserting the nullity of his first marriage. The Supreme Court’s ruling in his case has far-reaching implications for how bigamy cases are handled in the Philippines, particularly concerning the necessity of judicial declarations of nullity for void marriages.

In this landmark decision, the Court addressed the crucial question: Can an individual charged with bigamy use the defense of a void ab initio marriage without a prior judicial declaration of its nullity? The answer to this question could change the legal landscape for many facing similar charges.

Legal Context: Understanding Bigamy and Void Marriages

Bigamy, as defined by Article 349 of the Revised Penal Code, occurs when someone contracts a second or subsequent marriage before the first marriage has been legally dissolved or the absent spouse declared presumptively dead. The elements of this crime include the offender being legally married, the first marriage not being legally dissolved, contracting a second marriage, and the second marriage having all essential requisites for validity.

A key concept in this case is the distinction between void and voidable marriages. A void marriage is considered non-existent from the beginning due to the absence of essential or formal requisites, while a voidable marriage is valid until annulled by a court. The Family Code, particularly Article 40, states that for purposes of remarriage, the absolute nullity of a previous marriage must be based solely on a final judgment declaring such marriage void. However, this requirement’s impact on criminal liability for bigamy has been a point of contention.

Article 350 of the Revised Penal Code also comes into play, penalizing those who contract marriage knowing that the legal requirements have not been met or in disregard of a legal impediment. This provision addresses situations where individuals might deliberately enter into void marriages to evade bigamy charges.

Case Breakdown: Pulido’s Journey Through the Courts

Luisito G. Pulido’s legal battle began when he was charged with bigamy for marrying Rowena U. Baleda while his first marriage to Nora A. Pulido was still subsisting. Pulido argued that his first marriage was void ab initio due to the absence of a valid marriage license, and his second marriage was also void due to a lack of a marriage ceremony.

The Regional Trial Court (RTC) convicted Pulido of bigamy, rejecting his defense that both marriages were void. The Court of Appeals upheld this conviction, emphasizing that a judicial declaration of nullity was necessary before entering into a second marriage, even if the first marriage was void under the Civil Code.

Pulido appealed to the Supreme Court, which took this opportunity to revisit the necessity of a judicial declaration of nullity in bigamy cases. The Court ruled in favor of Pulido, stating that:

“A void ab initio marriage is a valid defense in the prosecution for bigamy even without a judicial declaration of absolute nullity. Consequently, a judicial declaration of absolute nullity of either the first and second marriages obtained by the accused is considered a valid defense in bigamy.”

The Court’s decision was grounded in the retroactive effects of void marriages, the legislative intent behind Article 40 of the Family Code, and the principle that penal laws should be construed strictly against the State and liberally in favor of the accused.

The Supreme Court’s reasoning highlighted the distinction between void and voidable marriages, emphasizing that void marriages are considered non-existent from the start and do not require a judicial declaration to establish their nullity in criminal proceedings for bigamy:

“The nullity of a void ab initio marriage can be maintained in any proceeding in which the fact of marriage may be material, either direct or collateral, in any civil court between any parties at any time, whether before or after the death of either or both the husband and the wife.”

Practical Implications: Navigating Bigamy Defenses

This ruling significantly impacts how bigamy cases are approached in the Philippines. Defendants can now raise the defense of a void marriage in bigamy prosecutions without needing a prior judicial declaration of nullity. This decision aligns with the principle of retroactivity of void marriages, ensuring that individuals are not unfairly penalized for entering into subsequent marriages when their prior marriage was void from the beginning.

For individuals facing bigamy charges, this ruling offers a clearer path to defense. It is crucial to gather evidence that demonstrates the void nature of the previous marriage, such as the absence of a marriage license or other essential requisites. Legal counsel can now more effectively argue these defenses in court, potentially leading to acquittals in cases where the first marriage was void ab initio.

Key Lessons:

• Understand the difference between void and voidable marriages to effectively defend against bigamy charges.
• Gather and present evidence of the void nature of the first marriage in bigamy cases.
• Seek legal advice to navigate the complexities of bigamy laws and defenses.

Frequently Asked Questions

What is the difference between a void and a voidable marriage?

A void marriage is considered non-existent from the start due to the absence of essential or formal requisites, while a voidable marriage is valid until annulled by a court.

Can a void marriage be used as a defense in a bigamy case?

Yes, according to the Supreme Court’s ruling, a void marriage can be used as a defense in a bigamy case without a prior judicial declaration of nullity.

Is a judicial declaration of nullity necessary for remarriage?

Yes, Article 40 of the Family Code requires a judicial declaration of nullity for remarriage, but this does not affect the defense in criminal bigamy cases.

What should I do if I am charged with bigamy?

Seek legal counsel immediately to assess the validity of your previous marriage and explore potential defenses, including the void nature of the marriage.

Can I be charged with bigamy if my second marriage is void?

If the second marriage is void for reasons other than bigamy, such as the absence of a marriage license, it may not constitute bigamy. However, legal advice is essential to navigate these complexities.

ASG Law specializes in family law and criminal defense. Contact us or email hello@asglawpartners.com to schedule a consultation.