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rio i\epuhlic of tbe ~bilippines $upreme <!Court :fflanila SECOND DIVISION JACINTO J. BAGAPORO, Petitioner, G.R. No. 211829 Present: CARPIO, J., Chairperson, PERLAS-BERNABE, CAGUIOA, REYES, J. JR., and HERNANDO,* JJ - versus - Promulgated: PEOPLE OF THE PHILIPPINES, Respondent. x-------------------------------------------------------~--------------------x DECISION REYES, J. JR., J.: Before this Court is a Petition for Review on Certiorari 1 with application for temporary restraining order assailing the January 29, 2014 Resolution2 of the Court of Appeals (CA), which denied petitioner Jacinto Bagaporo y Jabon's "Petition for Relief from Resolution or Judgment in Case Entry was Already Ordered," and its March 24, 2014 Resolution3 denying reconsideration. We briefly go over the antecedents. Petitioner was indicted for Bigamy in an Information4 dated May 31, 2006, worded as follows: Additional Member per S.O. No. 2630 dated December 18, 2018. Rollo, pp. 7-52. Penned by Associate Justice Ramon M. Bato, Jr., with then Presiding Justice Andres B. Reyes, Jr. (now a member of the Court) and Associate Justice Rodi! V. Zalameda, concurring; id. at 79-80. Id. at 55. Id. at 82. (

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Bagaporo v. People

Jurisprudence

Case number: G.R. No. 211829

Division: PH Supreme Court Second Division

Date of decision: Jan 30, 2019

Year of decision: 2019

GBV Case Type

Bigamy

Nature of the case: The accused Jacinto being then legally married to one Dennia in a marriage ceremony solemnized on March 10, 1986 at Quezon City by Judge Perfecto Laguio, Jr., and without said marriage having been legally dissolved or annulled, contracted a second and subsequent marriage with Milagros in the Municipality of Calauag, Quezon Province. The accused did not deny that he contracted a second marriage without a judicial declaration that his absent spouse from a prior marriage may be legally presumed dead. He further argued that the it was the prosecution's burden to prove that his absent wife was still alive when he contracted his second marriage. The Court was not convinced and thus found the accused guilty beyond reasonable doubt of the crime of bigamy. Article 349 of the Revised Penal Code has made the dissolution of marriage dependent not only upon the personal belief of parties, but upon certain objective facts easily capable of accurate judicial cognizance, namely, a judgment of the presumptive death of the absent spouse.

Summary of outcome: The offender is sentenced to suffer the indeterminate penalty of imprisonment with a minimum term of two years, four months, and one day of prision correccional, to a maximum term of eight years and one day of prision mayor, with the accessory penalties.

Observatory: Gender-Based Violence

Affected Sector

Women

Ponente: J. REYES, JR., J.:

Long title: JACINTO J. BAGAPORO, PETITIONER, V. PEOPLE OF THE PHILIPPINES, RESPONDENT.

Geolocation 1

Latitude: 13.956928

Longitude: 122.287784

: Geolocation 1

Primary Documents

Jacinto J. Bagaporo.pdf
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