Decision
6
G.R. No. 224742
law for said projected marriage to be free from legal infirmity is a final
judgment declaring the previous marriage void. 37 (Citation omitted)
Prudencio cannot claim to have been in good faith in assuming that
there was no legal impediment for him to remarry based merely on the
National Statistics Office's issuance of a Certificate of No Marriage Record.
Based on Prudencio and Arlene's Marriage Certificate, along with the photos
of the wedding ceremony, they were married on April 8, 1994. 38 Thus, the
Certificate of No Marriage Record is not enough for Prudencio to assume that
his previous marriage .with Arlene has been voided.
Moreover, Prudencio claims that the prosecution's failure to offer a
copy of the marriage license is fatal to its case. This contention lacks merit.
As the Court of Appeals noted, "[t]he presentation of the marriage license is
not a sine qua non requirement to establish the existence of a marriage as the
certified true copy of the [M]arriage [C]ertificate is sufficient for such
purpose." 39
Prudencio also claims that the absence of the solemnizing officer's
signature in the Marri~ge Certificate renders the marriage void. It is worth
noting that based on the trial court's findings, the discrepancy was merely
inadvertent since a copy of the Marriage Certificate under the Local Civil
Registry had been signed. 40 The trial court explained:
The marriage contract between the accused and the complainant that
was presented by the prosecution bears the signature of the solemnizing
officer (Exhibit "C"). Upon the other hand, the NSO copy of the maITiage
contract secured by the accused does not have the signature of the
solemnizing officer but after a careful scrutiny, it is shown that the two (2)
marriage contracts contain the same details of the civil wedding ceremony
between the accused and the complainant. Even the signatures of the parties
and their witnesses have a striking resemblance to the naked eye. The only
logical explanation for this is that the duplicate original that must have been
forwarded by the local civil registry to the NSO was not signed by the
solemnizing officer but the other duplicate original on file with the local
civil registry is duly signed. 41
Lastly, Prudencio's argument that the case should be dismissed due to
Arlene's Affidavit of Desistance is unavailing. Affidavits of desistance that
were executed after judgments of conviction had been promulgated by trial
courts are generally received with extensive caution. 42 Arlene's Affidavit of
Desistance provides that she filed the Complaint due to a misunderstanding,
37
38
Id. at 831.
Rollo, p. 29.
39
Id. at 30.
40
Id.
Id. at 30-31.
People v. Antonio, 596 Phil. 808 (2009) [Per J. Carpio-Morales, En Banc].
41
42
j