4.1 Sermonia Vs CA Digest

Sermonia vs CA, et al, 233 SCRA 155
Facts: On 26 May 1992, petitioner Jose C. Sermonia was charged with bigamy before the Regional Trial
Court of Pasig, Br. 151, for contracting marriage with Ma. Lourdes Unson on 15 February 1975 while his
prior marriage to Virginia C. Nievera remained valid and subsisting. Petitioner moved to quash the
information on the ground that his criminal liability for bigamy has been extinguished by prescription.
In the order of 1 October 1992, respondent judge denied the motion to quash. On 27 October 1992, he
likewise denied the motion to reconsider his order of denial.
Petitioner challenged the above orders before the Court of Appeals through a petition for certiorari and
prohibition. In the assailed decision of
21 January 1993, his petition was dismissed for lack of merit.
In this recourse, petitioner contends that his criminal liability for bigamy has been obliterated by
prescription. He avers that since the second marriage contract was duly registered with the Office of the
Civil Registrar in 1975, such fact of registration makes it a matter of public record and thus constitutes
notice to the whole world. The offended party therefore is considered to have had constructive notice of
the subsequent marriage as of 1975; hence, prescription commenced to run on the day the marriage
contract was registered. For this reason, the corresponding information for bigamy should have been filed
on or before 1990 and not only in 1992.
Issue: WON there is an actual concealment of the bigamous marriage.
Held: The prosecution maintains that the prescriptive period does not begin from the commission of the
crime but from the time of discovery by complainant which was in July 1991.
While we concede the point that the rule on constructive notice in civil cases may be applied in criminal
actions if the factual and legal circumstances so warrant, 8 we agree with the view expounded by the Court
of Appeals that it cannot apply in the crime of bigamy notwithstanding the possibility of its being more
favorable to the accused.
Finally, petitioner would want us to believe that there was no concealment at all because his marriage
contract with Ms. Unson was recorded in the Civil Registry which is open to all and sundry for
inspection. We cannot go along with his argument because why did he indicate in the marriage contract
that he was "single" thus obviously hiding his true status as a married man? Or for that matter, why did he
not simply tell his first wife about the subsequent marriage in Marikina so that everything would be out in
the open. The answer is obvious: He knew that no priest or minister would knowingly perform or
authorize a bigamous marriage as this would subject him to punishment under the Marriage
Law. 10 Obviously, petitioner had no intention of revealing his duplicity to his first spouse and gambled
instead on the probability that she or any third party would ever go to the local civil registrar to inquire. In
the meantime, through the simple expedience of having the second marriage recorded in the local civil
registry, he has set into motion the running of the fifteen-year prescriptive period against the unwary and
the unsuspecting victim of his philandering.
DOCTRINE:
While we concede the point that the rule on constructive notice in civil cases may be applied in
criminal actions if the factual and legal circumstances so warrant, we agree with the view expounded by
the Court of Appeals that it cannot apply in the crime of bigamy notwithstanding the possibility of its
being more favorable to the accused. The appellate court succinctly explains Argued by the petitioner
is that the principle of constructive notice should be applied in the case at bar, principally citing in support
of his stand, the cases of People v. Reyes (175 SCRA 597); and People v. Dinsay (40 SCRA 50). This
Court is of the view that the principle of constructive notice should not be applied in regard to the crime
of bigamy as judicial notice may be taken of the fact that a bigamous marriage is generally entered into by
the offender in secrecy from the spouse of the previous subsisting marriage. Also, a bigamous marriage is
generally entered into in a place where the offender is not known to be still a married person, in order to
conceal his legal impediment to contract another marriage. In the case of real property, the registration of
any transaction involving any right or interest therein is made in the Register of Deeds of the place where
the said property is located. Verification in the office of the Register of Deeds concerned of the
transactions involving the said property can easily be made by any interested party. In the case of a
bigamous marriage, verification by the offended person or the authorities of the same would indeed be
quite difficult as such a marriage may be entered into in a place where the offender is not known to be
still a married person. Be it noted that in the criminal cases cited by the petitioner wherein constructive
notice was applied, involved therein were land or property disputes and certainly, marriage is not
property. The non-application to the crime of bigamy of the principle of constructive notice is not
contrary to the well entrenched policy that penal laws should be construed liberally in favor of the
accused. To compute the prescriptive period for the offense of bigamy from registration thereof would
amount to almost absolving the offenders thereof for liability therefor. While the celebration of the
bigamous marriage may be said to be open and made of public record by its registration, the offender
however is not truthful as he conceals from the officiating authority and those concerned the existence of
his previous subsisting marriage. He does not reveal to them that he is still a married person. He likewise
conceals from his legitimate spouse his bigamous marriage. And for these, he contracts the bigamous
marriage in a place where he is not known to be still a married person. And such a place may be
anywhere, under which circumstance, the discovery of the bigamous marriage is rendered quite difficult
and would take time. It is therefore reasonable that the prescriptive period for the crime of bigamy should
be counted only from the day on which the said crime was discovered by the offended party, the
authorities or their agency (sic). Considering such concealment of the bigamous marriage by the offender,
if the prescriptive period for the offense of bigamy were to be counted from the date of registration
thereof, the prosecution of the violators of the said offense would almost be impossible. The interpretation
urged by the petitioner would encourage fearless violations of a social institution cherished and protected
by law. To this we may also add that the rule on constructive notice will make de rigueur the routinary
inspection or verification of the marriages listed in the National Census Office and in various local civil
registries all over the country to make certain that no second or even third marriage has been contracted
without the knowledge of the legitimate spouse. This is too formidable a task to even contemplate.
Were we to put our imprimatur to the theory advanced by petitioner, in all likelihood we would be
playing right into the hands of philanderers. For we would be equating the contract of marriage with
ordinary deeds of conveyance and other similar documents without due regard for the stability of
marriage as an inviolable social institution, the preservation of which is a primary concern of our society.

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Sermonia vs CA, et al, 233 SCRA 155

Issue: WON there is an actual concealment of the bigamous marriage.

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