Name: Rogelle A.

Cueva
Case: CENON R. TEVES, vs.PEOPLE OF THE PHILIPPINES and DANILO R.
BONGALON August 24, 2011
G.R. No. 188775
Subject: Civil Law
Topic: Marriage

Principle:
Parties to a marriage should not be allowed to assume that their marriage is void even if such be
the fact but must first secure a judicial declaration of the nullity of their marriage before they can
be allowed to marry again.
Case digest:
FACTS:
Cenon Tevez married Thelma Jaime-Tevez on November 26, 1992. He had another marriage on
December 21, 2001 to Edita Calderon.
A case was file in the prosecutors office for bigamy on February 13, 2006 and information was
filed on June 8, 2006. However while the case was pending a decision on the nullity of marriage
between Cenon and Thelma was rendered on May 4, 2006 stating that their marriage was null
and void based on psychological incapacity.
On August 15, 2007 the court found Cenon Tevez guilty of bigamy and it was affirmed by the
CA.
ISSUE:
Whether or not the marriage was bigamous?
RULING:
YES.
Petitioner was legally married to Thelma on 26 November 1992 at the Metropolitan Trial Court
of Muntinlupa City. He contracted a second or subsequent marriage with Edita on 10 December
2001 in Meycauayan, Bulacan. At the time of his second marriage with Edita, his marriage with
Thelma was legally subsisting. It is noted that the finality of the decision declaring the nullity of

his first marriage with Thelma was only on 27 June 2006 or about five (5) years after his second
marriage to Edita.
The Family Code has settled once and for all the conflicting jurisprudence on the matter. A
declaration of the absolute nullity of a marriage is now explicitly required either as a cause of
action or a ground for defense. Where the absolute nullity of a previous marriage is sought to be
invoked for purposes of contracting a second marriage, the sole basis acceptable in law for said
projected marriage to be free from legal infirmity is a final judgment declaring the previous
marriage void.
The Family Law Revision Committee and the Civil Code Revision Committee which drafted
what is now the Family Code of the Philippines took the position that parties to a marriage
should not be allowed to assume that their marriage is void even if such be the fact but must first
secure a judicial declaration of the nullity of their marriage before they can be allowed to marry
again.
Bar Question Type:

Problem:
X married M but M had to work outside the country so 2 year later X married A. When M
returned to the country she found out about the 2nd marriage and filed a bigamy case in court.
Before the information was filed in the proper court a decision making the marriage of X and M
void was rendered. Now X argues that there was no bigamy since the marriage was void. Is the
argument of X proper?

Suggested Answer:
NO.
Parties to a marriage should not be allowed to assume that their marriage is void even if such be
the fact but must first secure a judicial declaration of the nullity of their marriage before they can
be allowed to marry again.
X should have first acquired a judicial declaration on the nullity of his marriage to M before
contracting his marriage to A.