FACTS:
On June 28, 2004, petitioner was charged with the crime of bigamy before the RTC
of Pasig City. Petitioner thereafter filed a Motion to Suspend Proceedings
alleging that: (1) there is a pending civil case for declaration of nullity of
the second marriage before the RTC of Antipolo City filed by Karla Y.
Medina-Capili; (2) in the event that the marriage is declared null and void, it
would exculpate him from the charge of bigamy; and (3) the pendency of the
civil case for the declaration of nullity of the second marriage serves as a prejudicial
question in the instant criminal case.
ISSUE:
Whether or not the subsequent declaration of nullity of the second marriage is
a ground for dismissal of the criminal case for bigamy.
RULING:
NO. It is undisputed that a second marriage between petitioner and private respondent
was contracted on December 8, 1999 during the subsistence of a valid first
marriage between petitioner and Karla Y. Medina-Capili contracted on September
3, 1999. Notably, the RTC of Antipolo City itself declared the bigamous nature
of the second marriage between petitioner and
private
respondent. Thus, the subsequent judicial declaration of the second marriage
for being bigamous in nature does not bar the prosecution of petitioner for the
crime of bigamy.
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