Pulido Vs People
Pulido Vs People
Pulido Vs People
Facts:
● PULIDO and BALEDA were charged of Bigamy
● 16-year old petitioner married his 22-year old teacher, private complainant, Nora Arcon in a civil
ceremony in 1983
● Stopped going home and admitted his affair with Baleda
● Arcon found that Pulido and Baleda were married in 1995.
● As defense, Pulido claimed that both of his marriage were null and void for lack of marriage license and
lack of marriage ceremony, respectively
● Baleda found about Pulido’s first marriage in 2007. Prior filing to the bigamy case, Baleda filed
annulment and was declared null and void. This rule attained finality.
● Trial Court: Pulido convicted. Baleda acquitted. Marriage certificate has higher probative value than the
certifications issued by the Civil Registrar.
● CA: Sustained petitioner’s conviction but modified the penalty. The appellate court further ruled that
even assuming that the first marriage was void for lack of a marriage license, one may still be held liable
for bigamy if he/she enters into a subsequent marriage without first obtaining a judicial declaration of
nullity of the prior marriage. Likewise, the subsequent declaration of nullity of his second marriage with
Baleda would not exonerate him from criminal liability.
● RTC declared Pulido’s Marriage with Arcon as void from the beginning.
Issue:
● WHETHER OR NOT THE VALIDITY SECOND MARRIAGE IS A PREJUDICIAL QUESTION TO
THE CRIMINAL PROSECUTION OF BIGAMY
Ruling:
● YES. The validity of the second marriage is a prejudicial question to the criminal prosecution of bigamy
because its resolution is a determinant whether the criminal action should proceed or not.
● A prejudicial question arises in a case, the resolution of which is a logical antecedent of the issue and
cognizance of which pertains to another tribunal.
● The question of invalidity cannot be decided in the criminal action for bigamy, only in civil action for
annulment. Since the validity of the second marriage cannot be determined in a criminal action, and a
criminal case cannot be determined unless the second marriage exists, it is necessary that a decision in a
● civil action must be first secured.
● Thus, the determination of the validity of the second marriage must first be determined in the civil action
and precede the criminal action for bigamy.
● Pulido was acquitted.