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    Mercado vs. Tan Case Digest

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    Carlota Nicolas Villaroman
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    Mercado vs. Tan Case Digest

    Uploaded by

    Carlota Nicolas Villaroman
    1K views2 pages
    .

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    1K views2 pages

    Mercado vs. Tan Case Digest

    Uploaded by

    Carlota Nicolas Villaroman
    .

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    PERSONS Article 40 - Family Code

    Mercado vs. Tan


    August 1, 2000
    PANGANIBAN, J.:
    FACTS:
    Dr. Vincent G. Mercado and Maria Consuelo Tan got married on June 27,
    1991 in Bacolod City. A Marriage Contract was duly executed and signed by
    them. Mercado entered in that document his status as single. Unknown to
    Tan, Mercado was already married to Thelma Oliva. The first marriage was
    solemnized in Cebu City on October 10, 1976. Oliva bore Mercado two
    children. Tan therefore filed a complaint for bigamy (Art. 349, RPC) against
    Mercado in Bacolod City. Mercado, in his defense, said that his first marriage
    was already declared null and void and that Tan had knowledge of his first
    marriage. The trial court ruled that Mercados first marriage was still
    subsisting and was liable. On appeal, the CA affirmed the ruling of the trial
    court.
    ISSUE/S:
    1. W/N the element of previous legal marriage is present in order to
    convict petitioner Mercado of bigamy.
    HELD:
    1. Yes. The element of previous legal marriage is present in this case.
    Under Article 40 of the Family Code The absolute nullity of a previous
    marriage may be invoked for purposes of remarriage on the basis
    solely of a final judgement declaring such previous marriage void. In
    this case, petitioner Mercado contracted a second marriage even
    though there was yet no judicial declaration of nullity in his first
    marriage. In fact, he instituted the Petition to have the first marriage
    declared void only after Tan had filed a complaint charging him of
    bigamy. By contracting a second marriage while the first was still
    subsisting, Mercado is liable for bigamy under Article 349 of the
    Revised Penal Code.

    Notes:
    1. Overall decision of the case (Petition hereby granted/denied/remanded/etc)
    2. Laws cited in the case; and their description
    3. Other notes

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