PEOPLE V.

MENDOZA (Bigamy)
Arturo Mendoza and Jovita de Asis were married on Aug. 5, 1936 in Marikina. While
the marriage was still subsisting, Mendoza got married to Olga Lema in Manila on
May 14, 1941. de Asis died on Feb. 2, 1943. Then, Mendoza contracted another
marriage with Carmencita Panlilio in Calamba, Laguna on Aug. 19, 1949. He was
sued and convicted of bigamy for the second marriage.
ISSUE: WON Mendoza is liable for bigamy?
HELD: No. Acquitted.
RATIO:
1. Sec. 29, Marriage Law Act 3613: Any marriage subsequently contracted by any
person during the lifetime of the first spouse shall be illegal and void unless first
marriage has been annulled, dissolved or first spouse has been absent for 7
consecutive years without news if he/she is still alive. Judicial declaration of nullity is
only necessary for third case. THUS, HIS MARRIAGE WITH LEMA IS NULL AND VOID
WITHOUT NEED FOR JUDICIAL DECLARATION.

2. Third marriage was contracted after the death of the first spouse, thus not
bigamous.