[lastly,] that the second or subsequent marriage has all the essential requisites for validity.34
The prosecution allegedly fails to prove the validity of his first marriage with Gina because the civil
registrar of the municipality where they were married had no record of the marriage license allegedly
issued in their favor.
Contrary to petitioner’s claim, all the elements of bigamy are present in this case. Petitioner was still
legally married to Gina when he married Alice. Thus, the trial court correctly convicted him of the
crime charged.
Based on the marriage contract presented in evidence, petitioner’s first marriage was solemnized on
July 17, 1987. This was before the Family Code of the Philippines became effective on August
3,1988.35 Consequently, provisions of the Civil Code of the Philippines36 govern the validity of his first
marriage.
Article 53 of the Civil Code enumerates the requisites of marriage, the absence of any of which
renders the marriage void from the beginning:37
Article 53. No marriage shall be solemnized unless all these requisites are complied with:
(1) Legal capacity of the contracting parties;
(2) Their consent, freely given;
(3) Authority of the person performing the marriage; and
(4) A marriage license, except in a marriage of exceptional character.
The fourth requisite—the marriage license—is issued by the local civil registrar of the municipality
where either contracting party habitually resides.38 The marriage license represents the state’s
"involvement and participation in every marriage, in the maintenance of which the general public is
interested."39
To prove that a marriage was solemnized without a marriage license, "the law requires that the
absence of such marriage license must be apparent on the marriage contract, or at the very least,
supported by a certification from the local civil registrar that no such marriage license was issued to
the parties."40
Petitioner presents a Certification from the Office of the Civil Registrar of Imus, Cavite, which states:
[A]fter a diligent search on the files of Registry Book on Application for Marriage License and
License Issuance available in this office, no record could be found on the alleged issuance of this
office of Marriage License No. 8683519 in favor of MR. NORBERTO A. VITANGCOL and MS. GINA
M. GAERLAN dated July 17, 1987.41
This Certification does not prove that petitioner’s first marriage was solemnized without a marriage
license. It does not categorically state that Marriage License No. 8683519 does not exist.42
Moreover, petitioner admitted the authenticity of his signature appearing on the marriage contract
between him and his first wife, Gina.43 The marriage contract between petitioner and Gina is a
positive piece of evidence as to the existence of petitioner’s first marriage.44This "should be given
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