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    Case Digest - G.R. No. 220149 Pulido vs. People

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    Case Digest - G.R. No. 220149 Pulido vs. People

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    Fel
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    Case Digest

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    Case-Digest_-G.R.-No.-220149-Pulido-vs.-People

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    Case Digest

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

    Case Digest - G.R. No. 220149 Pulido vs. People

    Uploaded by

    Fel
    Case Digest

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    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
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    9/9/24, 8:33 AM Case Digest: G.R. No. 220149 - Pulido vs.

    People

    Title
    Pulido vs. People

    Case Decision Date


    G.R. No. 220149 Jul 27, 2021

    In the case of Pulido v. People, the Supreme Court ruled that a subsequent
    judicial declaration of nullity of the first and second marriages can be a valid
    defense in a bigamy case, leading to the acquittal of the accused.

    Case Digest (G.R. No. 220149)


    Comprehensive

    Facts:
    Petitioner Luisito G. Pulido was charged with bigamy.
    Pulido married Nora S. Arcon on September 5, 1983, in Rosario, Cavite.
    They had a child in 1984.
    Pulido later married Rowena U. Baleda on July 31, 1995, in Las Piñas City, without a
    judicial declaration of nullity for his first marriage.
    Pulido claimed both marriages were void: the first for lack of a valid marriage
    license and the second for lack of a marriage ceremony.
    The Regional Trial Court (RTC) of Las Piñas City convicted Pulido of bigamy,
    dismissing his claims about the nullity of his marriages.
    The Court of Appeals (CA) affirmed the conviction but modified the penalty.
    Pulido sought relief from the Supreme Court, arguing that the subsequent judicial
    declaration of nullity of his first marriage should exculpate him from criminal
    liability for bigamy.

    Issue:
    1. Application of Article 40 of the Family Code: Does Article 40 of the Family Code
    apply to the instant case, considering that Pulido's first marriage was contracted
    during the Civil Code and his second marriage during the Family Code?
    2. Validity of using judicial declaration of nullity as a defense: Can a judicial
    declaration of nullity of the prior marriage be invoked as a defense in bigamy cases?
    3. Timing of the judicial declaration of nullity as a defense: If so, should a judicial
    declaration of nullity of marriage secured after the celebration of the second
    marriage be considered a valid defense in bigamy cases?
    https://jur.ph/jurisprudence/digest/pulido-v-people?q=220149#_ 1/2
    9/9/24, 8:33 AM Case Digest: G.R. No. 220149 - Pulido vs. People

    Ruling:
    The Supreme Court ruled in favor of Pulido, acquitting him of the crime of bigamy.
    A void ab initio marriage is a valid defense in the prosecution for bigamy, even
    without a judicial declaration of absolute nullity.
    A judicial declaration of absolute nullity of either the first or second marriages
    obtained by the accused is considered a valid defense in bigamy.

    Ratio:
    A void ab initio marriage is considered non-existent from the beginning and cannot
    be the basis for a bigamy charge.
    Article 40 of the Family Code, which requires a judicial declaration of nullity for
    purposes of remarriage, does not apply to criminal prosecutions for bigamy.
    Penal laws should be strictly construed against the State and liberally in favor of the
    accused.
    The subsequent judicial declaration of nullity of Pulido's first marriage retroactively
    established that there was no valid first marriage at the time he contracted the
    second marriage.
    The essential element of a prior valid marriage was lacking, warranting Pulido's
    acquittal.

    https://jur.ph/jurisprudence/digest/pulido-v-people?q=220149#_ 2/2

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