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    Montanez v. Cipriano, G.R. No. 181089, October 22, 2012

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    Gela Bea Barrios
    Montanez v. Cipriano involved a case where the respondent was charged with bigamy. The respondent was first married in 1976 and then married Silverio Cipriano in 1983 while still married to her first husband. In 2001, the respondent filed for annulment of her first marriage, which was declared null in 2003. In 2004, the daughter of Silverio Cipriano filed a complaint against the respondent for bigamy. The RTC dismissed the case, finding that both marriages were under the Civil Code. The Supreme Court held that the declaration of nullity of the first marriage in 2003 did not justify dismissal of the bigamy charge, as the crime of bigamy was already committed when she married

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    Montanez v. Cipriano, G.R. No. 181089, October 22, 2012

    Uploaded by

    Gela Bea Barrios
    288 views1 page
    Montanez v. Cipriano involved a case where the respondent was charged with bigamy. The respondent was first married in 1976 and then married Silverio Cipriano in 1983 while still married to her first husband. In 2001, the respondent filed for annulment of her first marriage, which was declared null in 2003. In 2004, the daughter of Silverio Cipriano filed a complaint against the respondent for bigamy. The RTC dismissed the case, finding that both marriages were under the Civil Code. The Supreme Court held that the declaration of nullity of the first marriage in 2003 did not justify dismissal of the bigamy charge, as the crime of bigamy was already committed when she married

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    Montanez v. Cipriano, G.R. No. 181089, October 22, 2012

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    Montanez v. Cipriano involved a case where the respondent was charged with bigamy. The respondent was first married in 1976 and then married Silverio Cipriano in 1983 while still married to her first husband. In 2001, the respondent filed for annulment of her first marriage, which was declared null in 2003. In 2004, the daughter of Silverio Cipriano filed a complaint against the respondent for bigamy. The RTC dismissed the case, finding that both marriages were under the Civil Code. The Supreme Court held that the declaration of nullity of the first marriage in 2003 did not justify dismissal of the bigamy charge, as the crime of bigamy was already committed when she married

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    288 views1 page

    Montanez v. Cipriano, G.R. No. 181089, October 22, 2012

    Uploaded by

    Gela Bea Barrios
    Montanez v. Cipriano involved a case where the respondent was charged with bigamy. The respondent was first married in 1976 and then married Silverio Cipriano in 1983 while still married to her first husband. In 2001, the respondent filed for annulment of her first marriage, which was declared null in 2003. In 2004, the daughter of Silverio Cipriano filed a complaint against the respondent for bigamy. The RTC dismissed the case, finding that both marriages were under the Civil Code. The Supreme Court held that the declaration of nullity of the first marriage in 2003 did not justify dismissal of the bigamy charge, as the crime of bigamy was already committed when she married

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
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    Montanez v. Cipriano, G.R. No.

    181089, October 22, 2012

    FACTS: On April 8, 1976, respondent married Socrates Flores. On January


    24, 1983, during the subsistence of the said marriage, respondent married
    Silverio V. Cipriano. In 2001, respondent filed with the RTC of Muntinlupa a
    Petition for the Annulment of her marriage with Socrates on the ground of
    the latter’s psychological incapacity as defined under Article 36 of the Family
    Code. On July 18, 2003, the RTC of Muntinlupa, declared the marriage of
    respondent with Socrates null and void. Said decision became final and
    executory on October 13, 2003. On May 14, 2004, petitioner Merlinda
    Cipriano Montañez, Silverio’s daughter from the first marriage, filed with the
    MTC of San Pedro, Laguna, a Complaint for Bigamy against respondent.
    Lourdes Cipriano alleged that her first marriage was already declared void
    ab initio in 2003. Thus, there was no more marriage to speak of prior to her
    marriage to Silverio on January 24, 1983. The prosecution argued that the
    crime of bigamy had already been consummated when respondent filed her
    petition for declaration of nullity. RTC ruled in favor of respondent on the
    ground that both wedding were governed by the Civil Code, and not the
    Family Code, hence, no judicial declaration of absolute nullity as a condition
    precedent to contracting a subsequent marriage.

    ISSUE: Whether the declaration of nullity of respondent's first marriage in


    2003 justifies the dismissal of the Information for bigamy filed against her.

    HELD: NO. The retroactive application of procedural laws is not violative of


    any right of a person who may feel that he is adversely affected. The reason
    is that as a general rule, no vested right may attach to, nor arise from,
    procedural laws. In the case at bar, the respondent’s clear intent was to
    obtain judicial declaration of nullity to escape from the bigamy charges
    against her.

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