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    BAGAPORO Vs PEOPLE PDF

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    Lois D
    This document summarizes a Supreme Court case regarding the crime of bigamy. The Court ruled that Jacinto Bagaporo was guilty of bigamy for contracting a second marriage without having secured a judicial declaration of the presumptive death of his spouse from his prior marriage. The Court held that in order to dissolve a prior marriage and permit a second marriage, Article 349 of the Revised Penal Code requires objective proof in the form of a court judgment declaring the presumptive death of the absent spouse, rather than just the personal belief of the parties that the spouse is dead. Requiring this judicial declaration protects the interests of the state, the parties involved, and society by ensuring the stability of marital relationships.

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    BAGAPORO Vs PEOPLE PDF

    Uploaded by

    Lois D
    297 views3 pages
    This document summarizes a Supreme Court case regarding the crime of bigamy. The Court ruled that Jacinto Bagaporo was guilty of bigamy for contracting a second marriage without having secured a judicial declaration of the presumptive death of his spouse from his prior marriage. The Court held that in order to dissolve a prior marriage and permit a second marriage, Article 349 of the Revised Penal Code requires objective proof in the form of a court judgment declaring the presumptive death of the absent spouse, rather than just the personal belief of the parties that the spouse is dead. Requiring this judicial declaration protects the interests of the state, the parties involved, and society by ensuring the stability of marital relationships.

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    This document summarizes a Supreme Court case regarding the crime of bigamy. The Court ruled that Jacinto Bagaporo was guilty of bigamy for contracting a second marriage without having secured a judicial declaration of the presumptive death of his spouse from his prior marriage. The Court held that in order to dissolve a prior marriage and permit a second marriage, Article 349 of the Revised Penal Code requires objective proof in the form of a court judgment declaring the presumptive death of the absent spouse, rather than just the personal belief of the parties that the spouse is dead. Requiring this judicial declaration protects the interests of the state, the parties involved, and society by ensuring the stability of marital relationships.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    297 views3 pages

    BAGAPORO Vs PEOPLE PDF

    Uploaded by

    Lois D
    This document summarizes a Supreme Court case regarding the crime of bigamy. The Court ruled that Jacinto Bagaporo was guilty of bigamy for contracting a second marriage without having secured a judicial declaration of the presumptive death of his spouse from his prior marriage. The Court held that in order to dissolve a prior marriage and permit a second marriage, Article 349 of the Revised Penal Code requires objective proof in the form of a court judgment declaring the presumptive death of the absent spouse, rather than just the personal belief of the parties that the spouse is dead. Requiring this judicial declaration protects the interests of the state, the parties involved, and society by ensuring the stability of marital relationships.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 3

    JACINTO BAGAPORO v.

    PEOPLE OF THE PHILIPPINES


    G.R. No. 211829 | January 30, 2019
    JUSTICE ANDRES REYES JR.
    SECOND DIVISION

    NATURE OF THE CASE: Petition for Review on Certiorari


    FACTS: Jacinto Bagaporo was indicted for bigamy, being then legally married to
    Dennia Dumlao in a marriage ceremony solemnized on March 10, 1986, without
    said marriage having been legally dissolved or annulled, petitioner contracted a
    second and subsequent marriage with Milagros Lumas. RTC found petitioner
    guilty beyond reasonable doubt of the crime of Bigamy.

    ISSUE: Whether or not the action of contracting a subsequent marriage by the


    petitioner without securing a judicial declaration of presumptive death of spouse
    form the prior marriage constitutes bigamy.

    HELD: The court ruled in the affirmative. There can be no quibbling over whether
    or not the elements of bigamy were successfully proven by the prosecution.
    Petitioner does not deny that he contracted a second marriage without a judicial
    declaration that his absent spouse from a prior marriage may be legally presumed
    dead. The gist of petitioner's claim is alleged good faith and that there is no need
    for a judicial declaration of a disputable presumption of death of the absent
    spouse that has already been provided by law.
    According to petitioner, it was the prosecution's burden to prove that his
    absent wife was still alive when he contracted his second marriage. It is argued
    that there is no substantial distinction between such a situation and that of a
    present spouse who contracts a subsequent marriage with the knowledge that the
    absent spouse is already dead. The requirement for a judgment of the
    presumptive death of the absent spouse is for the benefit of the spouse present,
    as protection from the pains and the consequences of a second marriage,
    precisely because he/she could be charged and convicted of bigamy if the
    defense of good faith based on mere testimony is found incredible.
    The requirement of judicial declaration is also for the benefit of the State.
    Under Article II, Section 12 of the Constitution, "the State shall protect and
    strengthen the family as a basic autonomous social institution." Marriage is a
    social institution of the highest importance. Public policy, good morals and the
    interest of society require that the marital relation should be surrounded with
    every safeguard and its severance only in the manner prescribed and the causes
    specified by law. The laws regulating civil marriages are necessary to serve the
    interest, safety, good order, comfort or general welfare of the community and the
    parties can waive nothing essential to the validity of the proceedings. A civil
    marriage anchors an ordered society by encouraging stable relationships over
    transient ones; it enhances the welfare of the community.
    In a real sense, there are three parties to every civil marriage; two willing
    spouses and an approving State. On marriage, the parties assume new relations to
    each other and the State touching nearly on every aspect of life and death. The
    consequences of an invalid marriage to the parties, to innocent parties and to
    society, are so serious that the law may well take means calculated to ensure the
    procurement of the most positive evidence of death of the first spouse or of the
    presumptive death of the absent spouse after the lapse of the period provided for
    under the law. One such means is the requirement of the declaration by a
    competent court of the presumptive death of an absent spouse as proof that the
    present spouse contracts a subsequent marriage on a well-grounded belief of the
    death of the first spouse. To sustain a second marriage and to vacate a first
    because one of the parties believed the other to be dead would make the
    existence of the marital relation determinable, not by certain extrinsic facts, easily
    capable of forensic ascertainment and proof, but by the subjective condition of
    individuals. Only with such proof can marriage be treated as so dissolved as to
    permit second marriages. Thus, Article 349 of the Revised Penal Code has made
    the dissolution of marriage dependent not only upon the personal belief of
    parties, but upon certain objective facts easily capable of accurate judicial
    cognizance, namely, a judgment of the presumptive death of the absent spouse.
    The assailed Resolutions of the CA must be upheld. Hence, the petition is denied
    for lack of merit.

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