Mercado v. Tan, 337 SCRA 122

FACTS: In 1976, Dr. Vicent Mercado and Thelma Oliva were married. In 1991, Mercado contracted a marriage with Consuelo Tan. Tan did not know of the previous and subsisting marriage of Mercado.  Tan filed bigamy against Mercado. After a month, Mercado filed an action for declaration of nullity of marriage against Oliva.  In 1993, marriage between Mercado and Oliva was declared null and void.

ISSUE: Whether Mercado committed bigamy in spite of filing the declaration of nullity of the former marriage.

HELD: A judicial declaration of nullity of a previous marriage is necessary before a subsequent one can be legally contracted.  One who enters into a subsequent marriage without first obtaining such judicial declaration is guilty of bigamy.  This principle applies even if the earlier union is characterized by statute as “void.” In the case at bar, Mercado only filed the declaration of nullity of his marriage with Oliva right after Tan filed bigamy case.  Hence, by then, the crime had already been consummated.  He contracted second marriage without the judicial declaration of the nullity.  The fact that the first marriage is void from the beginning is not a defense in a bigamy charge.