After some time, Alice "began hearing rumors that [her husband] was previously married to another
woman[.]"11 She eventually discovered that Norberto was previously married to a certain Gina M.
Gaerlan (Gina) on July 17, 1987, as evidenced by a marriage contract registered with the National
Statistics Office. Alice subsequently filed a criminal Complaint for bigamy against Norberto.12
On the other hand, Norberto alleged that he and Alice became romantically involved sometime in
1987.13 "After much prodding by their friends and relatives, [he and Alice] decided to get married in
1994."14
Before finalizing their marriage plans, however, Norberto revealed to Alice that he had a "fake
marriage"15 with his college girlfriend, a certain Gina Gaerlan.16 Nevertheless, despite Norberto’s
revelation, Alice convinced him that they proceed with the wedding. Thus, Norberto and Alice were
married on December 4, 1994 and, thereafter, had three children.17
Sometime in 2007, Norberto heard rumors from their household workers that Alice was having an
affair with a married man. He was able to confirm the affair after hearing Alice in a phone
conversation with her paramour.18
Norberto then sought advice from his business lawyer who later on convinced Alice to end the affair.
The lawyer also warned Alice of the possible criminal liability she may incur if she continued seeing
her paramour.19
Allegedly in retaliation to the threat of criminal action against her, Alice filed the criminal Complaint
for bigamy against Norberto.20
Finding that Norberto contracted a second marriage with Alice despite his subsisting valid marriage
with Gina, Branch 25 of the Regional Trial Court of Manila convicted Norberto of bigamy. The
dispositive portion of the Decision dated September 1, 2010 reads:
WHEREFORE, in view of the foregoing, the Court hereby finds accused Norberto Abella Vitangcol
GUILTY beyond reasonable doubt of the crime of BIGAMY defined and penalized under Article 349
of the Revised Penal Code. Accused is hereby sentenced to suffer the penalty of six (6) years and
one (1) day of prision mayor as minimum imprisonment to twelve (12) years of prision mayor as
maximum imprisonment.
SO ORDERED.21
On appeal, the Court of Appeals sustained the guilty verdict against Norberto but modified the
penalty imposed in accordance with the Indeterminate Sentence Law. The dispositive portion of the
Court of Appeals Decision dated July 18, 2012 reads:
WHEREFORE, premises considered, the assailed Decision of the Regional Trial Court (RTC) of
Manila, Branch 25, dated September 1, 2010 is hereby AFFIRMED with MODIFICATION of the
penalty to which appellant is previously sentenced. Accordingly, he is now meted to suffer an
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.
SO ORDERED.22
Norberto filed a Motion for Reconsideration,23 which the Court of Appeals denied in the Resolution
dated June 3, 2013.24