DRAFT RESOLUTION

Private complainant Nenita P. Hernit filed this complaint for Bigamy against herein
respondent Virgilio S. Agner alleging that the latter contracted four (4) different marriages
to different women, to wit: on September 30, 1976 with Veronica Bugas, on May 18, 1984
with Ma. Rhoda Geonzon, on February 13, 1990 with Nanette Guino-o, and on November
8, 1991 with Ma. Rhoda Geonzon. She attached to her complaint four (4) Certificates of
Marriage purportedly proving such marriage.

A close perusal of the complaint reveals that private complainant is not a party to
any of these marriages either as the wife or as a witness. Her accusation is based solely on
the existence of the Certificates of Marriage. She has no witnesses to support her claim. In
other words, her accusation is based mainly on some document which she did not even
bother to explain as to how she got hold of them. However, a close scrutiny of the
Certificates of Marriage she attached to her complaint reveals that they are mere
photocopies and not duly authenticated by whoever has the custody of them. The Rules on
Evidence require that “when the subject of inquiry is the contents of a document, no
evidence shall be admissible other than the original document itself”. An exception may be
had when the original is a public record in the custody of a public officer, a photocopy
thereof may be admissible but the same must be duly authenticated and certified to by the
public officer having custody of them. Considering that the Certificates of Marriage
presented by herein private complainant are mere photocopies, and further considering
that all her allegations to the purported marriages are not based on her personal
knowledge, this complaint has no leg to stand on.

WHEREFORE, in view of the foregoing discussion, this complaint is DISMISSED for

lack of probable cause.