SECOND DIVISION
January 13, 2016
G.R. No. 207406
NORBERTO A. VITANGCOL, Petitioner,
vs.
PEOPLE OF THE PHILIPPINES, Respondent.
DECISION
LEONEN, J.:
Persons intending to contract a second marriage must first secure a judicial declaration of nullity of
their first marriage. If they proceed with the second marriage without the judicial declaration, they are
guilty of bigamy regardless of evidence of the nullity of the first marriage.
This resolves a Petition for Review on Certiorari1 assailing the Court of Appeals Decision2 dated July
18, 2012 and Resolution3 dated June 3, 2013. The Court of Appeals affirmed with modification the
Decision4 of Branch 25 of the Regional Trial Court of Manila convicting petitioner Norberto Abella
Vitangcol (Norberto) of bigamy punished under Article 349 of the Revised Penal Code.5 Norberto
was sentenced to suffer the indeterminate penalty of two (2) years and four (4) months of prision
correccional as minimum to eight (8) years and one (1) day of prision mayor as maximum.6
In the Information dated April 29, 2008, the Office of the City Prosecutor of Manila charged Norberto
with bigamy.7 The accusatory portion of the Information reads:
That on or about December 4, 1994, in the City of Manila, Philippines, the said accused, being then
legally married to GINA M. GAERLAN, and without such marriage having been legally dissolved, did
then and there willfully, unlawfully and feloniously contract a second or subsequent marriage with
ALICE G. EDUARDO-VITANGCOL which second marriage has all the legal requisites for its validity
with the said accused NORBERTO ABELLA VITANGCOL knowing fully well prior to and at the time
of the celebration of the second marriage he was already married to the said GINA M. GAERLAN.
Contrary to law.8
Norberto was arraigned, pleading not guilty to the charge. Trial then ensued.9
According to the prosecution, on December 4, 1994, Norberto married Alice G. Eduardo (Alice) at
the Manila Cathedral in Intramuros. Born into their union were three (3) children.10