Decision 7 G.R. No. 211829 There can be no quibbling over whether or not the elements of bigamy were successfully proven by the prosecution. Petitioner does 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. The gist of petitioner's claim is alleged good faith and that there is no need for a judicial declaration of a disputable presumption (of death of the absent spouse) that has already been provided by law. According to petitioner, it was the prosecution's burden to prove that his absent wife was still alive when he contracted his second marriage. Petitioner essentially asks, what if his absent spouse was in fact already dead, which is undeniably possible? It is argued that there is no substantial distinction between such a situation and that of a present spouse who contracts a subsequent marriage with the knowledge that the absent spouse is already dead. The legal questions raised are not novel. As discussed in Manuel v. People of the Philippines: 23 x x x Such judicial declaration also constitutes proof that the petitioner acted in good faith, and would negate criminal intent on his part when he married the private complainant and, as a consequence, he could not be held guilty of bigamy in such case. The petitioner, however, failed to discharge his burden. The phrase "or before the absent spouse has been declared presumptively dead by means of a judgment rendered on the proceedings" in Article 349 of the Revised Penal Code was not an aggroupment of empty or useless words. The requirement for a judgment of the presumptive death of the absent spouse is for the benefit of the spouse present, as protection from the pains and the consequences of a second marriage, precisely because he/she could be charged and convicted of bigamy if the defense of good faith based on mere testimony is found incredible. The requirement of judicial declaration is also for the benefit of the State. Under Article II, Section 12 of the Constitution, "the State shall protect and strengthen the family as a basic autonomous social institution." Marriage is a social institution of the highest importance. Public policy, good morals and the interest of society require that the marital relation should be surrounded with every safeguard and its severance only in the manner prescribed and the causes specified by law. The laws regulating civil marriages are necessary to serve the interest, safety, good order, comfort or general welfare of the community and the parties can waive nothin$ essential to the validity of the proceedings. A civil marriage anchors an ordered society by encouraging stable relationships over transient ones; it enhances the welfare of the community. 23 512 Phil. 818, 836-838 (2005). \