This Supreme Court decision reinforces the principle that individuals must obtain a judicial declaration of nullity for their prior marriage before entering into a subsequent one. Failure to do so constitutes bigamy, regardless of any claims about the first marriage’s invalidity. This ruling underscores the importance of adhering to legal processes to avoid criminal liability and clarifies the evidentiary standards required to challenge the validity of a marriage in bigamy cases. It serves as a crucial reminder that personal beliefs about a marriage’s legitimacy do not override the need for formal legal validation prior to remarriage, safeguarding the sanctity of marriage and ensuring legal certainty.

When a ‘Fake Marriage’ Becomes a Real Crime: The Perils of Ignoring Judicial Process

This case revolves around Norberto A. Vitangcol, who was convicted of bigamy for contracting a second marriage with Alice G. Eduardo while still legally married to Gina M. Gaerlan. Norberto argued that his first marriage was a sham and that a certification from the civil registrar indicated the absence of a marriage license, thus invalidating the first marriage. The core legal question is whether this certification and his claim of a ‘fake marriage’ are sufficient to overturn his bigamy conviction, highlighting the critical role of judicial declarations in marital disputes.

The prosecution presented evidence demonstrating that Norberto married Gina in 1987 and subsequently married Alice in 1994, with whom he had three children. Alice later discovered the prior marriage and filed a bigamy complaint. Norberto’s defense rested on the claim that his first marriage was a mere formality and that he disclosed this to Alice before their marriage. He further presented a certification from the Office of the Civil Registrar of Imus, Cavite, stating that they had no record of the marriage license for his first marriage. He contended that this lack of a marriage license invalidated his first marriage, negating the bigamy charge.

However, the Court found several flaws in Norberto’s defense. First, the Certification from the Civil Registrar did not definitively state that no marriage license was ever issued; it only stated that no record could be found. The Supreme Court emphasized that such a certification is insufficient to categorically prove the absence of a marriage license. More critically, even if the first marriage was indeed void due to the absence of a marriage license, the Court reiterated the established principle that parties cannot unilaterally declare their marriage void; a judicial declaration of nullity is required.

The Supreme Court cited Landicho v. Relova, emphasizing that parties to a marriage cannot simply decide its nullity; only competent courts have that authority. Before such a declaration, the validity of the first marriage remains unquestionable, and contracting a second marriage exposes the party to prosecution for bigamy. Article 40 of the Family Code also reinforces this principle by stating:

Art. 40. 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.

The court highlighted the dangerous implications of allowing parties to self-declare their marriages void. It could lead to a situation where individuals enter into subsequent marriages and then evade bigamy charges by claiming the first marriage was void from the start. This would undermine the stability of the marriage institution and the legal framework designed to protect it. The Court also distinguished this case from Nicdao Cariño v. Yee Cariño, where the marriage contract lacked a marriage license number and the civil registrar certified the absence of any record of a marriage license. In this case, the marriage contract explicitly stated a marriage license number, casting doubt on the defense’s claim.

Furthermore, the Court pointed out the suspicious timing and context of the Certification’s presentation. Norberto only sought the Certification after being charged with bigamy, suggesting an attempt to evade prosecution. The Court was not prepared to create a precedent allowing a certification stating that a marriage license cannot be found to substitute for a definite statement that no such license existed or was issued. Such a view would destabilize the legal order concerning marriages. Marriage licenses could easily be lost through negligence or deliberate actions, especially when motivated by the desire to avoid prosecution. The Court also noted that the first marriage was celebrated on July 17, 1987, and the second marriage was entered into on December 4, 1994. Within that time, Norberto did not procure a judicial declaration of the nullity of his first marriage, further undermining his defense.

Building on this principle, the Court emphasized that the prosecution only needs to prove the existence of a valid first marriage and the subsequent contracting of a second marriage. The presentation of a marriage contract with proof of its authenticity and due execution suffices to establish the prior marriage beyond reasonable doubt, shifting the burden of evidence to the defense. The mere presentation of a certification from the civil registrar that the marriage license cannot be found is insufficient to prove that no such marriage license was ever issued.

In conclusion, the Supreme Court affirmed Norberto Vitangcol’s conviction for bigamy, emphasizing the crucial requirement of obtaining a judicial declaration of nullity before entering into a subsequent marriage. The Court underscored that a certification stating the absence of a record of a marriage license is insufficient to invalidate a marriage and that parties cannot unilaterally declare their marriages void.

FAQs

What was the key issue in this case?	The central issue was whether Norberto Vitangcol could be convicted of bigamy despite claiming his first marriage was invalid due to the absence of a marriage license, as evidenced by a certification from the civil registrar.
What is the significance of a judicial declaration of nullity?	A judicial declaration of nullity is a court order declaring a marriage void. Without it, the marriage is considered valid, and subsequent marriages can lead to bigamy charges.
What evidence did Norberto present to challenge his first marriage?	Norberto presented a certification from the Office of the Civil Registrar stating that they had no record of the marriage license for his first marriage, arguing that this proved the marriage was void.
Why did the Court reject the Civil Registrar’s certification as sufficient proof?	The Court found the certification insufficient because it did not definitively state that a marriage license was never issued, only that no record could be found. It also highlighted the suspicious timing of its presentation.
What are the elements of the crime of bigamy in the Philippines?	The elements are: (1) the offender has been legally married; (2) the first marriage has not been legally dissolved; (3) the offender contracts a second marriage; and (4) the second marriage has all the essential requisites for validity.
What was the Court’s ruling in Landicho v. Relova?	The Court ruled that parties cannot unilaterally declare their marriage void; only competent courts have the authority to do so. Prior to such declaration, the first marriage remains valid.
How did the Court distinguish this case from Nicdao Cariño v. Yee Cariño?	In Nicdao Cariño, the marriage contract lacked a marriage license number, and the civil registrar certified the absence of any record. In this case, the marriage contract contained a marriage license number, weakening the defense’s claim.
What is the practical implication of this decision?	This decision reinforces that individuals must obtain a judicial declaration of nullity before remarrying, regardless of their personal beliefs about the validity of their first marriage, to avoid criminal liability for bigamy.

This case serves as a stark reminder of the legal consequences of failing to adhere to established procedures for dissolving a marriage. The Supreme Court’s decision underscores the importance of seeking judicial intervention to ensure compliance with the law and to avoid potential criminal charges. Individuals contemplating remarriage must prioritize obtaining the necessary judicial declarations to protect themselves from legal repercussions.

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: Vitangcol v. People, G.R. No. 207406, January 13, 2016