DONATO, petitioners, vs. HON. ARTEMON D.

LUNA
G.R. No. L-53642 1988-04-15 GANCAYCO, J.
Created by: Micaller, Aljenneth
Petitioner Respondents
LEONILO C. DONATO HON. ARTEMON D. LUNA, PRESIDING
JUDGE, COURT OF FIRST INSTANCE OF
MANILA, BRANCH XXXII; HON. JOSE
FLAMINIANO, CITY FISCAL OF MANILA;
PAZ B. ABAYAN
Recit Ready Summary
Information for bigamy against petitioner Leonilo Donato was filed on January 23,
1979 with the lower court in Manila. This was based on the complaint of private
respondent Paz Abayan. Before the petitioner’s arraignment on September 28,
1979, Paz filed with Juvenile and Domestic Relations Court of Manila, a civil action
for declaration of nullity of her marriage with petitioner contracted on September
26, 1978. Said civil case was based on the ground that Paz consented to entering
into the marriage which was Donato’s second since she had no previous knowledge
that Donato was already married to a certain Rosalinda Maluping on June 30,
1978. Donato defensed that his second marriage was void since it was solemnized
without a marriage license and that force, violence, intimidation and undue
influence were employed by private respondent to obtain petitioner's consent to the
marriage. Prior to the solemnization of the second marriage, Paz and Donato had
lived together as husband and wife without the benefit of wedlock for 5 years
proven by a joint affidavit executed by them on September 26, 1978 for which
reason, the requisite marriage license was dispensed with pursuant to Article 76 of
the Civil Code. Donato continued to live with Paz until November 1978 where Paz
left their home upon learning that Donato already previously married.
Facts of the Case
 On September 28, 1979, respondent Paz B. Abayan filed before the Juvenile
and Domestic Relations Court of Manila a civil action for the declaration of
nullity of marriage with petitioner Donato. Abayan contends that she had no
idea that Donato has been married prior to the contracted marriage.
 Donato on the other hand interposed the defense that his second marriage
was void since it was solemnized without a marriage license and that force,
violence, intimidation, and undue influence were employed by Abayan to
obtain petitioner’s consent on the marriage.
 Petitioner subsequently filed for the suspension of the proceedings of the
said case contending that civil case filed for the nullity of his marriage with
respondent raises a prejudicial question, which must be determined or
decided before the criminal case, can proceed. Hon. Artemon D. Luna on the
other hand ruled otherwise directing the proceedings in he criminal case to
proceed as scheduled.
Issues Ruling
Whether or not a criminal case for bigamy pending before the lower NO
court be suspended in view of a civil case for annulment of marriage
pending before the juvenile and domestic relations court on the
ground that latter constitutes a prejudicial question.
Rationale/Analysis/ Legal Basis
Petitioner Leonilo Donato can’t apply rule on prejudicial question since a case for
annulment of marriage can only be considered as a prejudicial question to the
bigamy case against the accused if it was proved that petitioners consent to such
marriage and was obtained by means of duress violence and intimidation to show
that his act in the second marriage must be involuntary and cannot be the basis of
his conviction for the crime of bigamy.
Accordingly, there being no prejudicial question shown to exit the order of denial
issued by the respondent judge dated April 14, 1980 should be sustained.
Disposition
WHEREFORE, in view of the foregoing, the instant petition is hereby DISMISSED for
lack of merit. We make no pronouncement as to costs.