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Decision G.R. No. 224742 8 ANDRE~,EYES, JR. Ass~ci~e Justice e:,vv--4-- . 'AULL.HERNANDO Associate Justice ATTESTATION I attest that the conclusions in the above Decision had been reached in consultation before the case was assigned to the writer of the opinion of the Court's Division. Associatf\Justice ChairpJrson -, CERTIFICATION ~- Pursuant to Section 13, Article VIII of the Constitution and the Division Chairperson's Attestation, I certify that the conclusions in the above Decision had been reached in consultation before the case was assigned to the writer of the opinion of the Court's Division.

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De Guzman v. People

Jurisprudence

Case number: G.R. No. 224742

Division: PH Supreme Court Third Division

Date of decision: Ago 7, 2019

Year of decision: 2019

GBV Case Type

Bigamy

Nature of the case: The accused, being then legally married to one Arlene which marriage is still existing and has not been legally dissolved, contracted a second marriage with one Jean in Las Piñas City, which second marriage has all the essential and formal requisites for validity. The accused argued that his marriage with Arlene was void because the copy of their Marriage Contract, which was secured from the National Statistics Office, did not bear the solemnizing officer's signature. The Court found the accused guilty beyond reasonable doubt of the crime of bigamy as the he absence of the solemnizing officer's signature in the Marriage 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. Significantly, the accused cannot unilaterally declare his marriage void. The law provides that a judicial declaration of nullity is indispensable for the purposes of remarriage.

Summary of outcome: He is sentenced to suffer the indeterminate penalty of imprisonment of four (4) years, two (2) months, and one (1) day of prision correccional, as minimum, to eight (8) years and one (1) day of prision mayor, as maximum, and pay the costs of suit.

Observatory: Gender-Based Violence

Affected Sector

Women

Ponente: LEONEN, J.:

Long title: PRUDENCIO DE GUZMAN Y JUMAQUIO, PETITIONER, VS. PEOPLE OF THE PHILIPPINES, RESPONDENT.DECISION

Geolocation 1

Latitude: 14.449743

Longitude: 120.982593

: Geolocation 1

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Prudencio De Guzman.pdf
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De Guzman v. People

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