 Example of concealing or

Title Twelve abandoning: A mother who leaves her child at

CRIMES AGAINST THE CIVIL STATUS OF PERSONS the door of an orphanage.
 A physician or surgeon or public
Chapter One. SIMULATION OF BIRTHS AND USURPATION officer, who cooperates in the execution of these
OF CIVIL STATUS crimes, is also liable if he acts in violation of the
duties of his profession or office.
Article 347. Simulation of births, substitution of one
child for another, and concealment or
abandonment of a legitimate child
Article 348. Usurpation of civil status People vs. Sangalang

The Sangalang spouses together with Gloria and Bienvenido

Chapter Two – ILLEGAL MARRIAGES
were charged of the crime of simulation of birth. The
information alleged that a child was furnished by Gloria to
Article 349. Bigamy the Sangalangs. Accused Bienvenido registered the birth of
Article 350. Marriage contracted against provisions of said child in the local civil registrar by supplying to said
laws office the necessary information required so that a birth
Article 351. Premature marriages certificate would be issued. He named the Sangalangs as
Article 352. Performance of illegal marriage ceremony the child’s parents. A birth certificate was hence issued.
Information did not contain any specific allegation as to
what the spouses did, except that they had conspired with
Article 347. Simulation of births, substitution Gloria and Bienvenido.
of one child for another, and concealment or
HELD: In the crime of simulation of births, it must be
abandonment of a legitimate child. shown that the “pretending parents” have registered or
caused in the registration of the child as their own with the
Acts punishable: Registry of Births, or that in doing so they were motivated
by a desire to cause the loss of any trace as to the child’s
1. Simulation of births; true filiation to his prejudice.
2. Substitution of one child for another;
In the instant case, SC found no evidence to sport the
3. Concealing or abandoning any legitimate finding of TC that the registration was effected by the
child with intent to cause such child to lose its Sangalangs. As the evidence would show, it was their
civil status. daughter Alicia (not Bienvenido, but still not the spouses)
who had a hand in the registration of the child).
Elements:

a. the child must be Article 348. Usurpation of civil status

legitimate;
b. the offender conceals or  Committed when a person usurps
abandons such child; and the civil status of another, by assuming the
c. the offender has the filiation, or the parental or conjugal rights of
intent to cause such child to lose its civil another.
status.  The term ‘civil status’ includes one’s
public station, or the rights, duties, capacities
 The object of the crime is the and incapacities which determine a person to a
creation of false, or the causing of the loss of, given classs.
civil status.  Usurpation of profession may be
 Example of simulation of birth: punished under this article.
a woman pretends to be pregnant when in fact  There must be intent to enjoy the
she is not, and on the day of the supposed rights arising from the civil status of another,
delivery, takes the child of another as her own. otherwise the case will be considered only as
 The fact that the child will be using a fictitious name, or as estafa, depending
benefited by the simulation of birth is not a on the facts of the case.
defense  The purpose of defrauding the
 Example of substituting one offended party or his heirs qualifies the crime.
child for another: A and B both gave birth on
the same day. The nurse in the hospital
exchanges the children of A and B in the nursery. Article 349. Bigamy
 Abandon – leaving a child in a place
where other people may find it, causing the child Elements:
to lose its status.
1. Offender has been legally married;

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2. The marriage has not been legally annullable marriages. The second marriage is void, hence
dissolved or, in case his or her spouse is absent, the third marriage is valid.
the absent spouse could not yet be presumed
dead by means of a judgment rendered in a
proper proceedings, according to the Civil Code; Article 350. Marriage contracted against
3. He contracts a second or subsequent provisions of laws
marriage;
4. The second or subsequent marriage has Elements:
all the essential requisites for validity.
1. Offender contracted marriage;
 Nullity of the first marriage is not a 2. He knew at the time that -
defense in a bigamy charge. There must be a
judicial declaration of the nullity of a previous a. The requirements of the
marriage before contracting the second marriage. law were not complied with; or
 Causes which may produce the b. The marriage was in
legal dissolution of the first marriage: disregard of a legal impediment.
o Death of one of the
contracting parties  If either of the contracting parties
o Judicial declaration obtains the consent of the other by means of
violence, intimidation or fraud, the maximum
annulling a void marriage
period of the penalty shall be imposed.
o Judicial declaration
 The offender must not be guilty of
annulling a voidable marriage
bigamy, to be punishable under this article.
 Defense has the burden of proof of
dissolution of first marriage.
 For the present spouse to contract Lucio Morigo v People (2002)
a subsequent marriage, an absent spouse is FACTS: Lucio Morigo and Lucia Barrete were
presumed dead if he has been absent for four boardmates. After school year 1977-78 they lost
consecutive years and the spouse present had a contact with each other. In 1984, Lucio Morigo was
well-founded belief that he is already dead. In surprised to receive a card from Lucia Barrete from
case of disappearance where there is danger of Singapore. The former replied and after an exchange of
letters, they became sweethearts. In 1986, Lucia
death, an absence of only two years will be
returned to the Philippines but left again for Canada to
sufficient. However, a declaration of presumptive work there. While in Canada, they maintained constant
death should first be obtained from the courts. communication. In 1990, Lucia came back to the
 The second marriage must have all Philippines and proposed to Lucio to join her in
the requisites for validity were it not for the Canada. Both agreed to get married. On September 8,
existence of the first marriage. 1990, Lucia reported back to her work in Canada
leaving appellant Lucio behind. On August 19, 1991,
 The second spouse is not
Lucia filed with the Ontario Court for divorce which
necessarily liable for the bigamy. If the second was granted on January 17, 1992. On October 4, 1992,
husband or wife knew of the first marriage, appellant Lucio Morigo married Maria Jececha
he/she is an accomplice in the crime of bigamy. Lumbago. On September 21, 1993, accused filed a
 The witness who falsely vouched complaint for judicial declaration of nullity of marriage
for the capacity of either of the contracting in the RTC. On October 19, 1993, Lucio was charged
with Bigamy and found guilty thereon.
parties is also an accomplice.
 Bigamy is not a private crime. It is HELD: The primordial issue should be whether
an offense against the State, not against the or not petitioner committed bigamy and if so, whether
second wife. his defense of good faith is valid. In Marbella-Bobis v.
Bobis, we laid down the elements of bigamy thus:
 A person convicted of bigamy may
still be prosecuted for concubinage. (1) the offender has been legally
married;
(2) the first marriage has not been
People vs. Aragon legally dissolved, or in case his or her spouse
is absent, the absent spouse
Aragon contracted a 2nd marriage while the first marriage has not been judicially declared
was still subsisting. Eventually the first wife died. He presumptively dead;
contracted a third marriage. Aragon was charged of
bigamy. (3) he contracts a subsequent
marriage; and
HELD: A subsequent marriage contracted by any person
(4) the subsequent marriage would
during the lifetime of his first spouse is illegal and void
have been valid had it not been for the existence of
from its performance, and no judicial decree is necessary
the first. aDcTHE
to establish its invalidity as distinguished from mere

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 Applying the foregoing test to the instant first marriage be subsisting at the time the second
case, we note that the trial court found that there was marriage is contracted.
no actual marriage ceremony performed between Lucio Thus, under the law, a marriage, even one
and Lucia by a solemnizing officer. Instead, what which is void or voidable, shall be deemed valid until
transpired was a mere signing of the marriage contract declared otherwise in a judicial proceeding. In this
by the two, without the presence of a solemnizing case, even if petitioner eventually obtained a
officer. declaration that his first marriage was void ab initio,
The first element of bigamy as a crime the point is, both the first and the second marriage
requires that the accused must have been legally were subsisting before the first marriage was annulled.
married. But in this case, legally speaking, the
petitioner was never married to Lucia Barrete. Thus,
there is no first marriage to speak of. Under the Diego v. Castillo (2004)
principle of retroactivity of a marriage being declared
void ab initio, the two were never married “from the FACTS: On January 9, 1965, Lucena Escoto
beginning.” The contract of marriage is null; it bears no contracted marriage with Jorge de Perio, Jr. The
legal effect. Taking this argument to its logical couple were both Filipinos. In the marriage contract,
conclusion, for legal purposes, petitioner was not the accused used and adopted the name Crescencia
married to Lucia at the time he contracted the Escoto, with a civil status of single. In a document
marriage with Maria Jececha. The existence and the dated February 15, 1978, denominated as a “Decree of
validity of the first marriage being an essential element Divorce” purportedly issued by an American court,
of the crime of bigamy, it is but logical that a Crescencia de Perio was granted a Divorce from Jorge.
conviction for said offense cannot be sustained where Subsequently, Crescencia Escoto contracted marriage
there is no first marriage to speak of. The petitioner, with Manuel P. Diego. The marriage contract shows
must, perforce be acquitted of the instant charge. that this time, the accused used and adopted the name
Lucena Escoto, again, with a civil status of single.
Abunado v. People (2004) Later, a case for bigamy was filed against her by her
brother in law.
FACTS: September 18, 1967 Salvador married After trial of the criminal case for bigamy,
Narcisa Arceño at the Manila City Hall before Rev. Judge Castillo promulgated a decision stating that the
Pedro Tiangco. In 1988 Narcisa left for Japan to work main basis for the acquittal was good faith on the part
but returned to the Philippines in 1992, Narcisa found of the accused. Judge Castillo gave credence to the
Salvador in Quezon City cohabiting with Fe Corazon defense of the accused that she acted without any
Plato. She also discovered that on January 10, 1989, malicious intent. The evidence he averred gave
Salvador contracted a second marriage with a certain accused Lucena Escoto sufficient grounds to believe
Zenaida Biñas. An annulment case was filed by Salvador that her previous marriage had been validly dissolved
against Narcisa. A case for bigamy was filed by Narcisa by the divorce decree and that she was legally free to
against Salvador and Zenaida. contract the second marriage with Manuel P. Diego.
Salvador admitted that he first married
Zenaida on December 24, 1955 before a municipal trial 1. HELD: A careful study of the
court judge in Concepcion, Iloilo and has four children disputed decision reveals that respondent Judge
with her prior to their separation in 1966. It appeared had been less than circumspect in his study of the
however that there was no evidence of their 1955 law and jurisprudence applicable to the bigamy
marriage so he and Zenaida remarried on January 10, case. In his comment, respondent Judge stated:
1989, upon the request of their son for the purpose of “That the accused married Manuel P. Diego in the
complying with the requirements for his commission in honest belief that she was free to do so by virtue
the military. The trial court convicted petitioner of the decree of divorce is a mistake of fact.”
Salvador Abunado of bigamy. This Court, in People v. Bitdu, carefully
distinguished between a mistake of fact, which could
HELD: Abunado claims that his petition for be a basis for the defense of good faith in a bigamy
annulment/declaration of nullity of marriage was a case, from a mistake of law, which does not excuse a
prejudicial question, hence, the proceedings in the person, even a lay person, from liability. Bitdu held
bigamy case should have been suspended during the that even if the accused, who had obtained a divorce
pendency of the annulment case. Petitioner, in fact, under the Mohammedan custom, honestly believed that
eventually obtained a judicial declaration of nullity of in contracting her second marriage she was not
his marriage to Narcisa on October 29, 1999. 15 committing any violation of the law, and that she had
The subsequent judicial declaration of the no criminal intent, the same does not justify her act.
nullity of the first marriage was immaterial because This Court further stated therein that with respect to
prior to the declaration of nullity, the crime had the contention that the accused acted in good faith in
already been consummated. Moreover, petitioner's contracting the second marriage, believing that she
assertion would only delay the prosecution of bigamy had been validly divorced from her first husband, it is
cases considering that an accused could simply file a sufficient to say that everyone is presumed to know the
petition to declare his previous marriage void and law, and the fact that one does not know that his act
invoke the pendency of that action as a prejudicial constitutes a violation of the law does not exempt him
question in the criminal case. We cannot allow that. 17 from the consequences thereof.
The outcome of the civil case for annulment Moreover, squarely applicable to the criminal
of petitioner's marriage to Narcisa had no bearing upon case for bigamy, is People v. Schneckenburger, where
the determination of petitioner's innocence or guilt in it was held that the accused who secured a foreign
the criminal case for bigamy, because all that is divorce, and later remarried in the Philippines, in the
required for the charge of bigamy to prosper is that the

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belief that the foreign divorce was valid, is liable for
bigamy.

Article 351. Premature marriages

Persons liable:

1. A widow who is married within 301 days

from the date of the death of her husband, or
before having delivered if she is pregnant at the
time of his death;
2. A woman who, her marriage having been
annulled or dissolved, married before her delivery
or before the expiration of the period of 301 days
after the date of the legal separation.

 Reason behind the law: to prevent

doubtful paternity, because the woman might
have conceived and become pregnant by her
previous husband.
 The period of 301 days may be
disregarded if the first husband was impotent or
sterile.

Article 352. Performance of illegal marriage

ceremony

 Priests or ministers of any religious

denomination or sect, or civil authorities who
shall perform or authorize any illegal marriage
ceremony
 The offender must be authorized to
solemnize marriages. If the accused is not
authorized, he is liable under article 177
(usurpation of authority or official functions)
 Offender is punished under the
marriage law (there is such a law?!?).

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