THIRD DIVISION
[ G.R. No. 206284, February 28, 2018 ]
REDANTE SARTO Y MISALUCHA, PETITIONER, V. PEOPLE OF THE
PHILIPPINES, RESPONDENT.
DECISION
MARTIRES, J.:
This is a petition for review on certiorari seeking to reverse and set aside the 31 July 2012 Decision [1] and the 6
March 2013 Resolution[2] of the Court of Appeals (CA), in CA-G.R. CR No. 32635, which affirmed the 18 May 2009
Decision[3] of the Regional Trial Court, Branch 26, Naga City (RTC), in Criminal Case No. 2007-0400 finding petitioner
Redante Sarto y Misalucha (Redante) guilty beyond reasonable doubt of Bigamy.
THE FACTS
On 3 October 2007, Redante was charged with the crime of bigamy for allegedly contracting two (2) marriages: the
first, with Maria Socorro G. Negrete (Maria Socorro), and the second, without having the first one legally terminated,
with private complainant Fe R. Aguila (Fe). The charge stemmed from a criminal complaint filed by Fe against
Redante on 4 June 2007. The accusatory portion of the Information reads:
That on or about December 29, 1998, in the City of Naga, Philippines, and within the jurisdiction of this Honorable
Court, the above-named accused, having been previously united in lawful marriage with one Ma. Socorro G. Negrete,
as evidenced by hereto attached Certificate of Marriage mark as Annex "A," and without said marriage having been
legally dissolved, did then and there, willfully and feloniously contract a second marriage with FE R. AGUILA-SARTO,
herein complaining witness, to her damage and prejudice.
CONTRARY TO LAW.[4]
During his arraignment on 3 December 2007, Redante entered a plea of "not guilty." Pre-trial ensued wherein
Redante admitted that he had contracted two marriages but interposed the defense that his first marriage had been
legally dissolved by divorce obtained in a foreign country.
On 22 May 2008, the defense filed a motion to allow the taking of Maria Socorro's deposition considering that she
was set to leave the country on the first week of June 2008.[5] This was granted by the RTC in its Order,[6] dated 26
May 2008.
Maria Socorro's deposition was taken on 28 May 2008. On 22 August 2008, the prosecution moved for a modified or
reverse trial on the basis of Redante's admissions.[7] The RTC granted the motion in its Order,[8] dated 27 August
2008, wherein the defense was directed to present its case ahead of the prosecution.
Evidence for the Defense
The defense presented Redante and Maria Socorro as witnesses. Their testimonies, taken together, tended to
establish the following:
Redante and Maria Socorro, both natives of Buhi, Camarines Sur, were married on 31 August 1984 in a ceremony
held in Angono, Rizal.[9] Sometime thereafter, Maria Socorro left for Canada to work as a nurse. While in Canada, she
applied for Canadian citizenship. The application was eventually granted and Ma. Socorro acquired Canadian
citizenship on 1 April 1988.[10] Maria Socorro then filed for divorce in British Columbia, Canada, to sever her marital
ties with Redante. The divorce was eventually granted by the Supreme Court of British Columbia on 1 November
1988.[11]
Maria Socorro came back to Buhi, Camarines Sur, sometime in 1992 for a vacation. While there Redante's mother
and grandparents, who were against the divorce, convinced her and Redante to give their marriage a second chance
to which they acceded. Their attempts to rekindle their romance resulted in the birth of their daughter on 8 March
1993 in Mandaluyong City. In spite of this, Redante and Maria Socorro's efforts to save their marriage were futile.[12]
Sometime in February 1998, Redante met Fe to whom he admitted that he was previously married to Maria Socorro
who, however, divorced him.[13] Despite this admission, their romance blossomed and culminated in their marriage on
29 December 1998 at the Peñafrancia Basilica Minore in Naga City.[14] They established a conjugal home in Pasay
City and had two children. Their relationship, however, turned sour when Ma. Socorro returned to the Philippines and
met with Redante to persuade him to allow their daughter to apply for Canadian citizenship. After learning of Redante
and Maria Socorro's meeting and believing that they had reconciled, Fe decided to leave their conjugal home on 31
May 2007.[15] On 4 June 2007, Fe filed a complaint for bigamy against Redante.[16]
Meanwhile, Maria Socorro married a certain Douglas Alexander Campbell, on 5 August 2000, in Chilliwack, British
Columbia, Canada.[17]