4/29/2020 E-Library - Information At Your Fingertips: Printer Friendly [76] Revised Penal Code (Act No. 3815, as amended), Art. 349. Bigamy. - The penalty of prisión 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. [77] See III RAMON AQUINO, THE REVISED PENAL CODE (1997), 518. [78] RULES OF COURT, Rule 111, Sec. 1. Institution of criminal and civil actions. — (a) When a criminal action is instituted, the civil action for the recovery of civil liability arising from the offense charged shall be deemed instituted with the criminal action unless the offended party waives the civil action, reserves the right to institute it separately or institutes the civil action prior to the criminal action. xxxx [79] Cf. RULES OF COURT, Rule 3, Sec. 2. Parties in interest. — A real party in interest is the party who stands to be benefited or injured by the judgment in the suit, or the party entitled to the avails of the suit. Unless otherwise authorized by law or these Rules, every action must be prosecuted or defended in the name of the real party in interest. [80] Juliano-Llave v. Republic, supra note 33. [81] Supra note 25. [82] Supra note 25. [83] See supra note 68. [84] FAMILY CODE, Art. 49. During the pendency of the action and in the absence of adequate provisions in a written agreement between the spouses, the Court shall provide for the support of the spouses and the custody and support of their common children. The Court shall give paramount consideration to the moral and material welfare of said children and their choice of the parent with whom they wish to remain as provided to in Title IX. It shall also provide for appropriate visitation rights of the other parent. Cf. RULES OF COURT, Rule 61. [85] FAMILY CODE, Art. 50. The effects provided for by paragraphs (2), (3), (4) and (5) of Article 43 and by Article 44 shall also apply in the proper cases to marriages which are declared ab initio or annulled by final judgment under Articles 40 and 45. The final judgment in such cases shall provide for the liquidation, partition and distribution of the properties of the spouses, the custody and support of the common children, and the delivery of third presumptive legitimes, unless such matters had been elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/55916 20/22