Norberto filed a Petition for Review on Certiorari before this court. The People of the Philippines,
through the Office of the Solicitor General, filed a Comment25 to which Norberto filed a Reply.26
Norberto argues that the first element of bigamy is absent in this case.27 He presents as evidence a
Certification28 from the Office of the Civil Registrar of Imus, Cavite, which states that the Office has
no record of the marriage license allegedly issued in his favor and his first wife, Gina. He argues that
with no proof of existence of an essential requisite of marriage—the marriage license—the
prosecution fails to establish the legality of his first marriage.29
In addition, Norberto claims that the legal dissolution of the first marriage is not an element of the
crime of bigamy. According to Norberto, nothing in Article 349 of the Revised Penal Code that
punishes bigamy mentions that requirement.30 Stating that "[a]ny reasonable doubt must be resolved
in favor of the accused[,]"31 Norberto prays for his acquittal.32
The prosecution counters that it has proven the existence of Norberto’s prior valid marriage with
Gina as evidenced by the marriage contract they had executed. The prosecution likewise proved
that the first marriage of Norberto with Gina was not legally dissolved; that while his first marriage
was subsisting, Norberto contracted a second marriage with Alice; and that the second marriage
would have been valid had it not been for the existence of the first. Norberto, therefore, should be
convicted of bigamy.33
The issue for our resolution is whether the Certification from the Office of the Civil Registrar that it
has no record of the marriage license issued to petitioner Norberto A. Vitangcol and his first wife
Gina proves the nullity of petitioner’s first marriage and exculpates him from the bigamy charge.
The Certification from the Office of the Civil Registrar that it has no record of the marriage license is
suspect. Assuming that it is true, it does not categorically prove that there was no marriage license.
Furthermore, marriages are not dissolved through mere certifications by the civil registrar. For more
than seven (7) years before his second marriage, petitioner did nothing to have his alleged spurious
first marriage declared a nullity. Even when this case was pending, he did not present any decision
from any trial court nullifying his first marriage.
I
Bigamy is punished under Article 349 of the Revised Penal Code:
ARTICLE 349. Bigamy. – The penalty of prision mayor shall be imposed upon any person who shall
contract a second or subsequent marriage before the former marriage has been legally dissolved, or
before the absent spouse has been declared presumptively dead by means of a judgment rendered
in the proper proceedings.
For an accused to be convicted of this crime, the prosecution must prove all of the following
elements:
[first,] that the offender has been legally married;
[second,] that the first marriage has not been legally dissolved or, in case his or her spouse is
absent, the absent spouse could not yet be presumed dead according to the Civil Code;
[third,] that he contracts a second or subsequent marriage; and