Decision
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G.R. No. 224742
On April 8, 1994, Prudencio De Guzman (Prudencio) and Arlene De
Guzman (Arlene) were married before Branch 106 of the Regional Trial Court
of Quezon City. Their marriage was solemnized by Judge Julieto P. Tabiolo, 5
with Marriage License No. 1031606 issued on April 6, 1994. 6
In 2007, Prudencio abandoned his wife and children. 7
In December 2009, a friend informed Arlene that Prudencio contracted
a second marriage with a certain Jean Basan (Basan) on December 17, 2009
at the Immaculate Church in Las Pifias City. 8
On January 8, 2010, Arlene went to the Immaculate Church and
confirmed that Prudencio had indeed married Basan. Arlene secured a copy
of Prudencio and Basan's marriage contract at the City Civil Registrar's
Office. 9
Arlene then filed before the Office of the City Prosecutor a Complaint
against Prudencio for bigamy under Article 349 10 of the Revised Penal Code. 11
The Information read:
That sometime in the month of December, 2009 in the City of Las
Pin.as, Philippines and within the jurisdiction of the Honorable Court, the
above-named accused, being then legally married to one Arlene de Guzman
y de Jesus which marriage is still existing and has not been legally
dissolved, did then and there wil[l]fully, unlawfully and feloniously
contract a second marriage with one Jean Basan y Hubilla, which second
marriage has all the essential and formal requisites for validity.
CONTRARY TO LAW. 12
On arraignment, Prudencio pleaded not guilty to the crime charged. 13
Trial on the merits then ensued.
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Id. at 25.
Id. at 30.
Id. at 25.
Id. at 26.
Id.
REV. PEN. CODE, art. 349 provides:
ARTICLE 349. Bigamy. - The penalty of prisi6n mayor shall be imposed upon any person who
shall contract a second or subsequent marriage before the fonner 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.
Rollo, p. 26.
Id.
Id.