#bigamous marriages

[thelawyerspost]

Persons Intending To Contract A Second Marriage Must First Secure A Judicial Declaration Of Nullity Of Their First Marriage. If They Proceed With The Second Marriage Without The Judicial Declaration, They Are Guilty Of Bigamy Regardless Of Evidence Of The Nullity Of The First Marriage...

Persons Intending To Contract A Second Marriage Must First Secure A Judicial Declaration Of Nullity Of Their First Marriage. If They Proceed With The Second Marriage Without The Judicial Declaration, They Are Guilty Of Bigamy Regardless Of Evidence Of The Nullity Of The First Marriage…

  The Case:

Norberto was charged with bigamy when her second wife Alice Bernardo found out that he was previously married to one Gina Gaerlan on July 17, 1987, and despite the subsistence of this marriage, wed her on December 4, 1994.  In his defense, Norberto presented a Certification  from the Office of the Civil Registrar of Imus, Cavite, which states that the Office has no record of the…

View On WordPress

[thelawyerspost]

A Declaration Of The Nullity Of The Second Marriage On The Ground Of Psychological Incapacity Is Of Absolutely No Moment Insofar As The State’s Penal Laws Are Concerned...

The dissolution of the second marriage due to psychological incapacity is not a valid defense in a prosecution for bigamy.

  The Case:

Petitioner Veronico Tenebro married private complainant Leticia Ancajas on April 10, 1990.  Subsequently, he confessed to Leticia that he was previously married to one Hilda Villareyes on November 10, 1986; because of this he left the conjugal dwelling, averring that he will live with Hilda.  Veronico, however contracted another marriage, this time to Nilda Villegas, on January…

View On WordPress

[thelawyerspost]

The State’s Penal Laws On Bigamy Should Not Be Rendered Nugatory By Allowing Individuals “To Deliberately Ensure That Each Marital Contract Be Flawed In Some Manner, And To Thus Escape The Consequences Of Contracting Multiple Marriages, While Beguiling Throngs Of Hapless Women With The Promise Of Futurity And Commitment...”

The State’s Penal Laws On Bigamy Should Not Be Rendered Nugatory By Allowing Individuals “To Deliberately Ensure That Each Marital Contract Be Flawed In Some Manner, And To Thus Escape The Consequences Of Contracting Multiple Marriages, While Beguiling Throngs Of Hapless Women With The Promise Of Futurity And Commitment…”

The Case:

Leonila Santiago and Nicanor Santos were charged with bigamy, four months after their marriage on July 29, 1997.  Only Leonila faced the charges, as Nicanor absconded.  It appears that prior to their marriage, Nicanor had a valid subsisting marriage to Estela Galang since 1974.  In her defense, she asserted that she could not be charged with bigamy as she had no knowledge of Nicanor’s…

View On WordPress

[thelawyerspost]

A Judge Cannot Claim That Engaging In Sexual Relations With Another Person During The Subsistence Of A Marriage Is An Exercise Of Her Religious Expression. Legal Implications And Obligations Attach To Any Person Who Chooses To Enter Civil Marriages. This Is Regardless Of How Civil Marriages Are Treated In That Person's Religion...

A Judge Cannot Claim That Engaging In Sexual Relations With Another Person During The Subsistence Of A Marriage Is An Exercise Of Her Religious Expression. Legal Implications And Obligations Attach To Any Person Who Chooses To Enter Civil Marriages. This Is Regardless Of How Civil Marriages Are Treated In That Person’s Religion…

The Facts:

  In his administrative complaint against Judge Alma Consuelo Desales-Esidera (respondent) of RTC Branch 20 Catarman City, Eladio Perfecto (complainant), accused the judge of being first married to one Richard Tepace on May 7, 1987.  During their marriage, Alma gave birth to a daughter with Renato Esidera.  Her marriage to Richard was lated declared void on January 27, 1992, and Alma…

View On WordPress

[thelawyerspost]

Declaration Of Voidness Of Second Marriage Not Ground For Dismissal Of Bigamy...

Declaration Of Voidness Of Second Marriage Not Ground For Dismissal Of Bigamy…

Shirley filed a case for bigamy against James Walter, alleging that he contracted marriage with her on December 8, 1999 despite the subsistence of a previous and lawful marriage with one Karla. James Walter filed a Motion to Suspend Proceedings, alleging that there is a pending civil case for declaration of nullity of the second marriage filed by Karla before the RTC of Antipolo, which if…

View On WordPress

[thelawyerspost]

False Affidavit Of Cohabitation Renders A Marriage Void For Lack Of Marriage License...

False Affidavit Of Cohabitation Renders A Marriage Void For Lack Of Marriage License…

Jose filed a petition for declaration of nullity of his marriage to Felisa before the RTC of Pasay City. According to him, she was deceived by Felisa, who was his landlady, into signing a set of papers which he later found out to be their marriage contract, when she invited him to Pasay City Hall to fetch a package. Furthermore, their marriage was celebrated without a license, as the affidavit of…

View On WordPress

[thelawyerspost]

Special Proceedings: Venue In Settlement Of Estate of Deceased Persons.

Special Proceedings: Venue In Settlement Of Estate of Deceased Persons.

Elise, then represented by her mother Ma. Lourdes, a natural child of Eliso, who died without a will on December 12, 1992, filed a Petition for Letter of Administration of the estate of Eliseo before the Regional Trial Court of Las Pinas City. She also impugned the validity of his father’s marriage to Amelia. According to her, the marriage was bigamous because at the time of his marriage to…

View On WordPress