Salvador Abunado vs People of the Philippines

G.R. No. 159218 – 470 Phil. 420 – 426 SCRA 562 – Civil Law – Persons and Family Relations – Family Code – Marriage – Void Marriages – Article 35 – Bigamy – Prejudicial Question

Remedial Law – Criminal Procedure – Prejudicial Question

In 1967, Narcisa Arceño married Salvador Abunado. Later, Arceño left for Japan to work there. She returned in 1992 but Abunado was nowhere to be found as he left the family home. Arceño was able to locate Abunado but when she did, Abunado was already cohabiting with somebody else. Further, Arceño also discovered that in 1989, Abunado married a certain Zenaida Biñas.

In January 1995, Abunado filed an annulment case against Arceño. In May 1995, Arceño filed a bigamy case against Abunado. Both cases proceeded simultaneously and independently in different courts.

In 1999, the marriage between Arceño and Abunado was annulled. In 2001, Abunado was convicted by the trial court for bigamy.

Abunado now questions the judgment of conviction against him as he alleged that the annulment case he filed against Arceño was a prejudicial question to the bigamy case filed against him by Arceño. Hence, the proceedings in the bigamy case should have been suspended during the pendency of the annulment case.

ISSUE: Whether or not Abunado is correct.

HELD: No. A prejudicial question has been defined as one based on a fact distinct and separate from the crime but so intimately connected with it that it determines the guilt or innocence of the accused, and for it to suspend the criminal action, it must appear not only that said case involves facts intimately related to those upon which the criminal prosecution would be based but also that in the resolution of the issue or issues raised in the civil case, the guilt or innocence of the accused would necessarily be determined.

The subsequent judicial declaration of the nullity of the first marriage was immaterial because prior to the declaration of nullity, the crime had already been consummated.

Under the law, a marriage, even one which is void or voidable, shall be deemed valid until declared otherwise in a judicial proceeding. In this case, even if Abunado eventually obtained a declaration that his first marriage was void ab initio, the point is, both the first and the second marriage were subsisting before the first marriage was annulled. In short, all the elements of bigamy were present – the nullity of the prior marriage is immaterial.

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