Held:

Capili v. People (G.R. No. 189805, Jul. 3, 2013)

Facts:

YES. Petitioner is still guilty of bigamy despite declaration of second marriage as void.
Respondent charged herein petitioner Capili with the crime

The

bigamy before the Pasig RTC. Respondents claim that a

crime of bigamy
so long
as a second
marriage
was contracted during
secondexists
marriage
was contracted
before
the first marriage
the
was declared void. Petitioner filed a Motion to Suspend

subsistence of
alleging
a valid
that
first
there
marriage.
is currently
Thisaispending
true even
civil ifcase
the for
second marriage was
declaration of nullity of the second marriage before the

declared to be a nullity.
RTC

of

Antipolo

filed

by

Karla

Medina-Capili.

The

According to the RPC,

the elements
of thereset.
crime
of bigamy
as follows:
arraignment
was therefore
Ultimately,
RTCare
Antipolo
the offender
declared
thelegally
secondmarried;
marriage void. Because the second
has been
marriage was ultimately declared to be void, petitioner

the marriage
has not been legally dissolved or, in case his or her spouse is absent,

argues that there cannot be any crime of bigamy.

the:absent
spouseiscould
notbigamy,
yet beconsidering
presumedthat
dead according to the Civil Code;
Issue
WON
Petitioner
liable for
the secondamarriage
declared to bemarriage
void?
that he contracts
second was
or subsequent
; and

that the second or subsequent marriage has all the essential requisites
for
validity
In the present case, all the elements are present. At the outset, it is therefore clear that the
Petitioner is liable for bigamy. Additionally, the second marriage was contracted during the
subsistence of a valid first marriage. Thus, the subsequent judicial declaration of the
second marriage for being bigamous in nature does not bar the prosecution of petitioner for
the crime of bigamy.Even if there is a subsequent declaration of the nullity of the second
The subsequent judicial declaration of the nullity of the first marriage was immaterial
marriage, so long as the first marriage was still subsisting when the second marriage was
because prior to the declaration of nullity, the crime had already been consummated.
celebrated, there is still a crime of bigamy .
The outcome of the civil case for annulment of petitioners marriage to
Jarillo v. People held that:
[private
prosper is that the first marriage be subsisting at the time the second marriage
complainant]
is
had no bearing upon the determination of petitioners innocence or guilt

1
in the criminal
contracted.
case for bigamy, because all that is required for the charge of bigamy to3