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    Comment:Opposition To Motion To Suspend Proceedings

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    Rav Bahri
    The document is a comment opposing the motion to suspend criminal proceedings for bigamy based on a prejudicial question. It argues that (1) the petition to nullify the accused's first marriage is not a prejudicial question, as its resolution would not determine whether the criminal case can proceed; (2) the elements of the crime of bigamy are met, as the accused contracted a second marriage while still legally married; and (3) resolving whether the first marriage is null would not be material to the criminal case. The prosecutor asks the court to deny the motion to suspend proceedings.

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    Comment:Opposition To Motion To Suspend Proceedings

    Uploaded by

    Rav Bahri
    704 views3 pages
    The document is a comment opposing the motion to suspend criminal proceedings for bigamy based on a prejudicial question. It argues that (1) the petition to nullify the accused's first marriage is not a prejudicial question, as its resolution would not determine whether the criminal case can proceed; (2) the elements of the crime of bigamy are met, as the accused contracted a second marriage while still legally married; and (3) resolving whether the first marriage is null would not be material to the criminal case. The prosecutor asks the court to deny the motion to suspend proceedings.

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    Comment:Opposition to Motion to Suspend Proceedings

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    The document is a comment opposing the motion to suspend criminal proceedings for bigamy based on a prejudicial question. It argues that (1) the petition to nullify the accused's first marriage is not a prejudicial question, as its resolution would not determine whether the criminal case can proceed; (2) the elements of the crime of bigamy are met, as the accused contracted a second marriage while still legally married; and (3) resolving whether the first marriage is null would not be material to the criminal case. The prosecutor asks the court to deny the motion to suspend proceedings.

    Copyright:

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

    Comment:Opposition To Motion To Suspend Proceedings

    Uploaded by

    Rav Bahri
    The document is a comment opposing the motion to suspend criminal proceedings for bigamy based on a prejudicial question. It argues that (1) the petition to nullify the accused's first marriage is not a prejudicial question, as its resolution would not determine whether the criminal case can proceed; (2) the elements of the crime of bigamy are met, as the accused contracted a second marriage while still legally married; and (3) resolving whether the first marriage is null would not be material to the criminal case. The prosecutor asks the court to deny the motion to suspend proceedings.

    Copyright:

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

    Republic of the Philippines

    NATIONAL CAPITAL JUDICIAL REGION


    Regional Trial Court
    Branch 139
    Makati City

    PEOPLE OF THE PHILIPPINES CRIMINAL CASE NO.246


    Plaintiff,
    -versus- FOR:
    BIGAMY
    ROD RUDISTA
    Accused.

    X---------------------------------------------------------------------------------------x

    COMMENT/OPPOSITION TO THE MOTION TO SUSPEND


    PROCEEDINGS BASED ON PREJUDICIAL QUESTION

    COMES NOW, the undersigned Government Prosecutor unto this Honorable


    Court, by way of an OPPOSITION to the motion to suspend proceedings based on
    prejudicial question:

    1. The Petition for the Declaration of Nullity of Marriage filed by accused


    Rod Rudista before the Regional Trial Court of Makati City Branch
    100 does constitute as a prejudicial question to the present criminal case.
    2. Section 7, Rule 111 of the 1997 Revised Rules of Criminal Procedure lay
    down the elements of prejudicial question.
    Sec. 7. Elements of prejudicial question.- The elements of
    prejudicial question are: a.) the previously instituted civil action
    involves an issue similar or intimately related to the issue raised in
    the subsequent criminal action, and b.) the resolution of such issue
    determines whether or not the criminal action may proceed.
    3. The accused is charged of the crime of Bigamy punished under Article
    349 of the Revised Penal Code.
    Art. 349. Bigamy.- The penalty of prision mayor shall be
    imposed upon any person who shall contract a second or subsequent
    marriage before the former marriage has been legally dissolved, or
    before the absent spouse has been declared presumptively dead by
    means of a judgment rendered in the proper proceedings.
    4. In Montañez v. Cipriano (G.R. No. 181089), the Supreme Court
    enumerated the elements of bigamy as follows:
    The elements of the crime of bigamy are: a.) the offender has been
    legally married; b.) the marriage has not been legally dissolved xxx;
    c.) that he contracts a second or subsequent marriage; and d.) the
    second or subsequent marriage has all the essential requisites for
    validity. The felony is consummated on the celebration of the
    second or subsequent marriage.
    5. Accused has contracted a second or subsequent marriage while his
    marriage with Ms. Leni Rudista is still subsisting, there being no judicial
    declaration of absolute nullity of their marriage.
    6. Accused marriage with Bonita Rudista has all the essential requisites and
    would have been valid were it not for the subsistence of the first marriage.
    7. We hereby oppose the said motion because the resolution of the issue as
    to whether the accused’s marriage with Ms. Leni Rudista is absolute
    nullity or not on the ground of psychological incapacity is not material to
    the determination of the instant criminal action.

    PRAYER
    WHEREFORE, premises considered, it is most respectfully prayed
    unto this Honorable Court that the motion to suspend proceedings on
    prejudicial question be DENIED.

    MOST RESPECTFULLY SUBMITTED.

    January 18, 2020. Makati City, Philippines.

    MEHRAB U. BAHRI
    Prosecutor I
    PTR No. 12345679-A; 01/15/2019; Cotabato City
    IBP Lifetime Member No. 00117658; Cotabato City
    Roll of Attorney's No. 90876
    MCLE Compliance No. VX-00076542; 03/18/2019

    Copy furnished:

    Nabila E. Mohamad
    Counsel for the Accused

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