accompanied by a certificate as above provided, is admissible as evidence that the records of his office contain no such record or entry. 51 403 Phil. 861 (2001) [Per J. Ynares-Santiago, First Division]. 52 Id. at 869. 53 Id. 54 Id. at 870. 55 Rollo, p. 52, Regional Trial Court Decision. 56 CIVIL CODE, art. 83 provides: Article 83. Any marriage subsequently contracted by any person during the lifetime of the first spouse of such person with any person other than such first spouse shall be illegal and void from its performance, unless: (1) The first marriage was annulled or dissolved; or (2) The first spouse had been absent for seven consecutive years at the time of the second marriage without the spouse present having news of the absentee being alive, or if the absentee, though he has been absent for less than seven years, is generally considered as dead and believed to be so by the spouse present at the time of contracting such subsequent marriage, or if the absentee is presumed dead according to articles 390 and 391. The marriage so contracted shall be valid in any of the three cases until declared null and void by a competent court. 57 130 Phil. 745 (1968) [Per J. Fernando, En Banc]. 58 Id. at 750. See Marbella-Bobis v. Bobis, 391 Phil. 648, 654 (2000) [Per J. Ynares-Santiago, First Division]. 59 60 Marbella-Bobis v. Bobis, 391 Phil. 648, 654 (2000) [Per J. Ynares-Santiago, First Division]. 61 Id. 62 Rollo, pp. 209–216, Motion to Refer the Case to the Honorable Supreme Court En Banc. 63 Id. at 48, Regional Trial Court’s Decision. 64 See Jarillo v. People, 617 Phil. 45, 53 (2009) [Per J. Peralta, Third Division]. 65 Act No. 4103, sec. 1, as amended by Act No. 4225. 66 REV. PEN. CODE, Art. 349.