Domingo v. CA GR 104818, Sep.

17, 1993

The Family Code has clearly provided the effects of the Declaration of nullity of marriage. For one,
there is necessity for a judicial declaration of absolute nullity of a prior subsist-ing marriage before
contracting another. The clause on the basis solely of a fi nal judgment declar-ing such marriage
void in Art. 40 of the Code denotes that such final judgment declaring the previous marriage void
need not be obtained only for purposes of remarriage.

Apiag v. Cantero 1997

Now, per current jurisprudence, a marriage though voidstill needs a judicial declaration of such
fact before any partythereto can marry again; otherwise, the second marriage willalso be void.
This was expressly provided for under Art. 40 ofthe Family Code.

Beltran V People GR No. 137567, June 20, 2000

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HE WHO COHABITS WITH A WOMAN NOT HIS WIFE BEFORE DECLARATION OF NULLITY OF
MARRIAGE ASSUMES THE RISK OF BEING PROSECUTED THEREFOR. It must also be held that
parties to the marriage should not be permitted to judge for themselves its nullity, for the same
must be submitted to the judgment of the competent courts and only when the nullity of the
marriage is so declared can it be held as void, and so long as there is no such declaration the
presumption is that the marriage exists for all intents and purposes. Therefore, he who cohabits
with a woman not his wife before the judicial declaration of nullity of the marriage assumes the
risk of being prosecuted for concubinage. The lower court therefore, has not erred in affirming the
Orders of the judge of the Metropolitan Trial Court ruling that pendency of a civil action for nullity
of marriage does not pose a prejudicial question in a criminal case for concubinage.|||
Merced V Diez Gr no L-15315 August 26, 1960

SECOND MARRIAGE SHOULD HAVE THE ESSENTIAL ELEMENTS OF A VALID MARRIAGE. In

order that a person may be held guilty of the crime of bigamy, the second and subsequent
marriage must have all the essential elements of a valid marriage, were it not for the
subsistence of the first marriage.
QUESTION OF INVALIDITY TO BE DECIDED IN CIVIL ACTION. One of the essential elements of
a valid marriage is that the consent thereto of the contracting parties must be freely and
voluntarily given. Without the element of consent a marriage would be illegal and void.
(Section 29, Act No. 3613, known as the Marriage Law.) But the question of invalidity cannot
ordinarily be decided in the criminal action for bigamy but in a civil action for annulment. Since
the validity of the second marriage, subject of the action for bigamy, cannot be determined in
the criminal case and since prosecution for bigamy does not lie unless the elements of the
second marriage appear to exist, it is necessary that a decision in a civil action to the effect
that the second marriage contains all the elements of a marriage must first be secured.

BIGAMOUS OR POLYGAMOUS MARRIAGE. (Taken from Sta.Maria Book)

allowed under special laws such as the Muslim Code or under Article41 of the Family Code, the law
prohibits a married man or woman from contracting another bond of union as long as the consort
isalive (U.S. v. Ibaez, 13 Phil. 686). Thus, a subsequent marriage contracted by a wife during the
life of a former husband, with any person other than such former husband, is illegal and void from
thebeginning (Carratala v. Samson, 43 Phil. 75).