FACTS:
On February 16, 1968, Judge Salazar of the MTC Iloilo solemnized the marriage
of accused Noel Lasanas and Socorro Patingo without the benefit of a marriage license.
The records show that Lasanas and Patingo had not executed any affidavit of
cohabitation to excuse the lack of the marriage license. On August 27, 1980,
Lasanas and Patingo reaffirmed their marriage vows in a religious ceremony
before Fr. Tamayo at the San Jose Church in Iloilo City. They submitted no
marriage license or affidavit of cohabitation for that purpose.7 Both
ceremonies were evidenced by the corresponding marriage certificates. In 1982,
Lasanas and Patingo separated de facto because of irreconcilable differences. On
December 27, 1993, the accused contracted marriage with Josefa Eslaban in a
religious ceremony. Their marriage certificate reflected the civil status of
the accused as single. On July 26, 1996, the accused filed a complaint for
annulment of marriage and damages against Socorro. The complaint alleged that
Socorro had employed deceit, misrepresentations and fraud in securing his
consent to their marriage.
ISSUE:
W/N Lasans committed bigamy
RULING:
YES. This Court concedes that the marriage between accused-appellant Lasanas
and private complainant Patingo was void because of the absence of a marriage
license or of an affidavit of cohabitation. The ratificatory religious wedding
ceremony could not have validated the void marriage. Neither can the church
wedding be treated as a marriage in itself for to do so, all the essential and
formal requisites of a valid marriage should be present. One of these
requisites is a valid marriage license except in those instances when this
requirement may be excused. There having been no marriage license nor affidavit
of cohabitation presented to the priest who presided over the religious rites,
the religious wedding cannot be treated as a valid marriage in itself.
But
then, as the law and jurisprudence say, petitioner should have first secured a
judicial declaration of the nullity of his void marriage to private complainant
Patingo before marrying Josefa Eslaban. Actually, he did just that but after
his marriage to Josefa Eslaban. Consequently, he violated the law on bigamy.
No comments:
Post a Comment