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    LUISITO G. PULIDO, Petitioner, v. PEOPLE OF THE PHILIPPINES, Respondent

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    vincent reece montesclaros
    This case involved Luisito Pulido who was charged with bigamy. Pulido argued that both of his marriages were void from the beginning - his marriage to Arcon due to lack of a marriage license, and his marriage to Baleda due to lack of a marriage ceremony. The court ruled that a judicial declaration of nullity is not necessary to prove a void marriage in a bigamy case. If a marriage is void from the beginning, it does not satisfy the elements of bigamy which require a valid prior marriage. The court clarified that under Article 40 of the Family Code, a final judgment declaring a previous marriage void is not solely for purposes of remarriage, but can be invoked in other instances as well.

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    LUISITO G. PULIDO, Petitioner, v. PEOPLE OF THE PHILIPPINES, Respondent

    Uploaded by

    vincent reece montesclaros
    746 views2 pages
    This case involved Luisito Pulido who was charged with bigamy. Pulido argued that both of his marriages were void from the beginning - his marriage to Arcon due to lack of a marriage license, and his marriage to Baleda due to lack of a marriage ceremony. The court ruled that a judicial declaration of nullity is not necessary to prove a void marriage in a bigamy case. If a marriage is void from the beginning, it does not satisfy the elements of bigamy which require a valid prior marriage. The court clarified that under Article 40 of the Family Code, a final judgment declaring a previous marriage void is not solely for purposes of remarriage, but can be invoked in other instances as well.

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    This case involved Luisito Pulido who was charged with bigamy. Pulido argued that both of his marriages were void from the beginning - his marriage to Arcon due to lack of a marriage license, and his marriage to Baleda due to lack of a marriage ceremony. The court ruled that a judicial declaration of nullity is not necessary to prove a void marriage in a bigamy case. If a marriage is void from the beginning, it does not satisfy the elements of bigamy which require a valid prior marriage. The court clarified that under Article 40 of the Family Code, a final judgment declaring a previous marriage void is not solely for purposes of remarriage, but can be invoked in other instances as well.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    746 views2 pages

    LUISITO G. PULIDO, Petitioner, v. PEOPLE OF THE PHILIPPINES, Respondent

    Uploaded by

    vincent reece montesclaros
    This case involved Luisito Pulido who was charged with bigamy. Pulido argued that both of his marriages were void from the beginning - his marriage to Arcon due to lack of a marriage license, and his marriage to Baleda due to lack of a marriage ceremony. The court ruled that a judicial declaration of nullity is not necessary to prove a void marriage in a bigamy case. If a marriage is void from the beginning, it does not satisfy the elements of bigamy which require a valid prior marriage. The court clarified that under Article 40 of the Family Code, a final judgment declaring a previous marriage void is not solely for purposes of remarriage, but can be invoked in other instances as well.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    CASE # 24:

    LUISITO G. PULIDO, Petitioner, v. PEOPLE OF THE PHILIPPINES, Respondent.


    G.R. No. 220149, July 27, 2021

    FACTS:
    Arcon, a wife of Pulido who was married with him in a civil wedding at the Municipal Hall of
    Rosario Cavite filed a case of bigamy against Pulido and Baleda. Pulido defended that both of his
    marriage was void ab initio. His marriage with Arcon is void due to lack of marriage license, and his
    marriage to Baleda is also void due to lack of marriage ceremony. Baleda on the other hand claimed that
    she only knew Pulido's prior marriage sometime in April 2007 and that she filed a Petition to annul their
    marriage before the filing of the bigamy case. The court even declared their marriage null and void for
    being bigamous on October 25, 2007. The trial court convicted Pulido of bigamy but acquitted Baleda.
    Appeals and motions of Pulido were likewise denied. The court ruled in reliance with the provision of
    Art. 40 of the Family Code. Meanwhile in 2015, the court in a civil case declared Arcon and Pulido's
    marriage null and void. A decree of absolute nullity of their marriage was issued in 2016.

    ISSUE:
    WON Judicial Declaration of Nullity of Marriage is necessary to establish the invalidity of a void ab initio
    marriage in a bigamy case.

    RULING:

    No. The court in this case abandons its earlier rulings and hold that a judicial declaration of
    absolute nullity is not necessary to prove a void ab initio prior and subsequent marriages in a bigamy
    case. Consequently, a judicial declaration of absolute nullity of the first and/or second marriages
    presented by the accused in the prosecution for bigamy is a valid defense, irrespective of the time
    within which they are secured. The court stressed out that the nullity of a void ab initio marriage, being
    inexistent under the eyes of the law can be maintained in any proceeding in which the fact of marriage
    may be material, either direct or collateral, in any civil court between parties at any time, whether
    before or after death of either or both the spouses. Thus, being inexistent from the beginning, the void
    first marriage does not qualifies nor satisfies one of the essential elements of bigamy which requires the
    existence of a prior valid marriage. Logically, there is no first marriage to begin with. As for the
    retroactive effect of a void ab initio marriage, there is nothing to annul nor dissolve as the judicial
    declaration of nullity merely confirms the inexistence of such marriage. This also explains why the
    second element of bigamy which requires that the former marriage has not been legally dissolved or
    annulled is wanting in the case of void ab initio prior marriage. The RPC provision regarding bigamy
    pertains to contracting a subsequent marriage when a voidable or valid first marriage is still subsisting.
    In both instances, the accused may validly raise the defense of a void ab initio marriage without a
    judicial declaration of nullity. Article 40 of the Family Code requires a judicial declaration of absolute
    nullity for purposes of remarriage but not as a defense in bigamy.
    The Court clarifies that the requirement under Art. 40 (Final judgment requiring the previous
    marriage void) need not be obtained only for purposes of remarriage. The word "solely" under Art. 40
    qualifies the "final judgment declaring such previous marriage void" and not "for purposes of
    remarriage". In effect, the judicial declaration of absolute nullity may be invoked in other instances for
    purposes other than remarriage.

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