Location via proxy:   [ UP ]  
[Report a bug]   [Manage cookies]                
Scribd Logo
Upload

Welcome to Scribd!

  • 283 views

    People V Odtuhan

    Uploaded by

    Anonymous 5MiN6I78I0
    1) Respondent Edgardo Odtuhan was married to Jasmin Modina in 1980 and married Eleanor Alagon in 1993. He filed for annulment of his marriage to Modina. 2) Evelyn Alagon filed a complaint charging Odtuhan with bigamy after learning of his previous marriage. Odtuhan argued the charges should be quashed. 3) The court held that Odtuhan's motion to quash was improper because criminal culpability attaches at the time of the offense. A judicial declaration of nullity of the first marriage is required before contracting a second marriage, otherwise it is bigamous.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd

    People V Odtuhan

    Uploaded by

    Anonymous 5MiN6I78I0
    283 views1 page
    1) Respondent Edgardo Odtuhan was married to Jasmin Modina in 1980 and married Eleanor Alagon in 1993. He filed for annulment of his marriage to Modina. 2) Evelyn Alagon filed a complaint charging Odtuhan with bigamy after learning of his previous marriage. Odtuhan argued the charges should be quashed. 3) The court held that Odtuhan's motion to quash was improper because criminal culpability attaches at the time of the offense. A judicial declaration of nullity of the first marriage is required before contracting a second marriage, otherwise it is bigamous.

    Original Description:

    civil law 2

    Original Title

    People v Odtuhan

    Copyright

    © © All Rights Reserved

    Available Formats

    DOCX, PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    1) Respondent Edgardo Odtuhan was married to Jasmin Modina in 1980 and married Eleanor Alagon in 1993. He filed for annulment of his marriage to Modina. 2) Evelyn Alagon filed a complaint charging Odtuhan with bigamy after learning of his previous marriage. Odtuhan argued the charges should be quashed. 3) The court held that Odtuhan's motion to quash was improper because criminal culpability attaches at the time of the offense. A judicial declaration of nullity of the first marriage is required before contracting a second marriage, otherwise it is bigamous.

    Copyright:

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

    People V Odtuhan

    Uploaded by

    Anonymous 5MiN6I78I0
    1) Respondent Edgardo Odtuhan was married to Jasmin Modina in 1980 and married Eleanor Alagon in 1993. He filed for annulment of his marriage to Modina. 2) Evelyn Alagon filed a complaint charging Odtuhan with bigamy after learning of his previous marriage. Odtuhan argued the charges should be quashed. 3) The court held that Odtuhan's motion to quash was improper because criminal culpability attaches at the time of the offense. A judicial declaration of nullity of the first marriage is required before contracting a second marriage, otherwise it is bigamous.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    114 People v Odtuhan

    GR 191566, July 17, 2013


    TOPIC: PRIOR MARRIAGE
    FACTS:

    1. On July 2, 1980, respondent Edgardo Odtuhan


    married Jasmin Modina. On October 28, 1993, he also
    married Eleanor Alagon. He later filed a petition for
    annulment of his marriage with Modina. The RTC
    granted respondent’s petition and declared his first
    marriage void ab initio for lack of a valid marriage
    license. On November 10, 2003, Alagon died.
    2. In the meantime, private complainant Evelyn Alagon
    learned of respondent’s previous marriage with Modina
    and thus filed a Complaint-Affidavit charging
    respondent with Bigamy. Respondent moved to quash
    the information on two grounds: (1) that the facts do
    not charge the offense of bigamy; and (2) that the
    criminal action or liability has been extinguished.

    ISSUE: Whether motion to quash is proper?

    HELD: NO. Respondent’s claim that there are more


    reasons to quash the information against him because
    he obtained the declaration of nullity of marriage
    before the filing of the complaint for bigamy against
    him is without merit. Criminal culpability attaches to the
    offender upon the commission of the offense and from
    that instant, there is already liability.

    The Family Code has settled once and for all the
    conflicting jurisprudence on the matter. A declaration of
    the absolute nullity of a marriage is now explicitly
    required either as a cause of action or a ground for
    defense. It has been held in a number of cases that a
    judicial declaration of nullity is required before a valid
    subsequent marriage can be contracted; or else, what
    transpires is a bigamous marriage, reprehensible and
    immoral.

    What makes a person criminally liable for bigamy is


    when he contracts a second or subsequent marriage
    during the subsistence of a valid marriage. Parties to the
    marriage should not be permitted to judge for
    themselves its nullity, for the same must be submitted
    to the judgment of competent courts and only when the
    nullity of the marriage is so declared can it be held as
    void, and so long as there is no such declaration, the
    presumption is that the marriage exists. Therefore, he
    who contracts a second marriage before the judicial
    declaration of nullity of the first marriage assumes the
    risk of being prosecuted for bigamy.

    You might also like