Vincent Mercado vs Consuelo Tan

written by Howard

G.R. No. 137110 – 391 Phil. 809 – 337 SCRA 122 – Civil Law – Persons and Family Relations – Void Marriages – Need for Judicial Declaration of Nullity Before Remarriage
Criminal Law – Crimes Against Civil Status of Persons – Bigamy – Elements

In April 1976, Dr. Vincent Mercado married Ma. Thelma Oliva. But in June 1991, Mercado married a second time. He married a certain Consuelo Tan.

In October 1992, Tan filed a bigamy case against Mercado.

In November 1992, Mercado filed an action to have his first marriage with Oliva be declared void ab initio under Article 36 of the Family Code (psychological incapacity).

In January 1993, the prosecutor filed a criminal information for bigamy against Mercado.

In May 1993, Mercado’s marriage with Oliva was declared void ab initio. Mercado now sought the dismissal of the bigamy case filed against him. He contended that since his first marriage was declared void ab initio, there was no first marriage to speak of, hence, his “second” marriage with Tan was actually his first marriage.

ISSUE: Whether or not Mercado is correct.

HELD: No. The elements of bigamy 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

All the elements are present when Mercado married Tan. When he married Tan, his first marriage was still subsisting and was not declared void. In fact, Mercado only filed an action to declare his first marriage void after Tan filed the bigamy case. By then, the crime of bigamy had already been consummated.

Under Article 40 of the Family Code, a judicial declaration of nullity of a void previous marriage must be obtained before a person can marry for a subsequent time. Absent that declaration a person who marries a second time shall be guilty of bigamy.

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