The RTC declared that as indicated in the Certificate of Marriage, "her marriage was

FIRST DIVISION celebrated without a need for a marriage license in accordance with Article 34 of the
Family Code, which is an admission that she cohabited with Santos long before the
G.R. No. 200233 JULY 15, 2015 celebration of their marriage." 9Thus, the trial court convicted petitioner as follows: 10

LEONILA G. SANTIAGO, Petitioner, WHEREFORE, premises considered, the court finds the accused Leonila G. Santiago
vs. GUILTY beyond reasonable doubt of the crime of Bigamy, defined and penalized
PEOPLEOF THE PHILIPPINES, Respondent. under Article 349 of the Revised Penal Code and imposes against her the
indeterminate penalty of six ( 6) months and one (1) day of Prision Correctional as
DECISION minimum to six ( 6) years and one (1) day of Prision Mayor as maximum.

SERENO, CJ: No pronouncement as to costs.

We resolve the Petition for Review on Certiorari filed by petitioner Leonila G. Santiago SO ORDERED.
from the Decision and Resolution of the Court of Appeals (CA) in CA-G.R. CR No.
33566.1 The CA affirmed the Decision and Order of the Regional Trial Court (RTC) in Petitioner moved for reconsideration. She contended that her marriage to Santos was
Criminal Case No. 7232 2 convicting her of bigamy. void ab initio for having been celebrated without complying with Article 34 of the
Family Code, which provides an exemption from the requirement of a marriage
THE FACTS license if the parties have actually lived together as husband and wife for at least five
years prior to the celebration of their marriage. In her case, petitioner asserted that
Four months after the solemnization of their marriage on 29 July 1997, 3 Leonila G. she and Santos had not lived together as husband and wife for five years prior to their
Santiago and Nicanor F. Santos faced an Information 4 for bigamy. Petitioner pleaded marriage. Hence, she argued that the absence of a marriage license effectively
"not guilty," while her putative husband escaped the criminal suit. 5 rendered their marriage null and void, justifying her acquittal from bigamy.

The prosecution adduced evidence that Santos, who had been married to Estela The RTC refused to reverse her conviction and held thus: 11
Galang since 2 June 1974, 6 asked petitioner to marry him. Petitioner, who 'was a 43-
year-old widow then, married Santos on 29 July 1997 despite the advice of her Accused Santiago submits that it is her marriage to her co-accused that is null and
brother-in-law and parents-in-law that if she wanted to remarry, she should choose void as it was celebrated without a valid marriage license x x x. In advancing that
someone who was "without responsibility." 7 theory, accused wants this court to pass judgment on the validity of her marriage to
accused Santos, something this court cannot do. The best support to her argument
Petitioner asserted her affirmative defense that she could not be included as an would have been the submission of a judicial decree of annulment of their marriage.
accused in the crime of bigamy, because she had been under the belief that Santos Absent such proof, this court cannot declare their marriage null and void in these
was still single when they got married. She also averred that for there to be a proceedings.
conviction for bigamy, his second marriage to her should be proven valid by the
prosecution; but in this case, she argued that their marriage was void due to the lack THE CA RULING
of a marriage license.
On appeal before the CA, petitioner claimed that her conviction was not based on
Eleven years after the inception of this criminal case, the first wife, Estela Galang, proof beyond reasonable doubt. She attacked the credibility of Galang and insisted
testified for the prosecution.1âwphi1 She alleged that she had met petitioner as early that the former had not known of the previous marriage of Santos.
as March and April 1997, on which occasions the former introduced herself as the
legal wife of Santos. Petitioner denied this allegation and averred that she met Similar to the RTC, the CA gave more weight to the prosecution witnesses' narration.
Galang only in August and September 1997, or after she had already married Santos. It likewise disbelieved the testimony of Santos. Anent the lack of a marriage license,
the appellate court simply stated that the claim was a vain attempt to put the validity
THE RTC RULING of her marriage to Santos in question. Consequently, the CA affirmed her conviction
for bigamy. 12
The RTC appreciated the undisputed fact that petitioner married Santos during the
subsistence of his marriage to Galang. Based on the more credible account of Galang THE ISSUES
that she had already introduced herself as the legal wife of Santos in March and April
1997, the trial court rejected the affirmative defense of petitioner that she had not Before this Court, petitioner reiterates that she cannot be a co-accused in the instant
known of the first marriage. It also held that it was incredible for a learned person like case, because she was not aware of Santos's previous marriage. But in the main, she
petitioner to be easily duped by a person like Santos. 8 argues that for there to be a conviction for bigamy, a valid second marriage must be
proven by the prosecution beyond reasonable doubt.
 knowledge of the previous undissolved marriage of the accused could she be
Citing People v. De Lara, 13 she contends that her marriage to Santos is void included in the information as a co-accused. (Emphasis supplied)
because of the absence of a marriage license. She elaborates that their marriage
does not fall under any of those marriages exempt from a marriage license, because Therefore, the lower courts correctly ascertained petitioner's knowledge of Santos's
they have not previously lived together exclusively as husband and wife for at least marriage to Galang. Both courts consistently found that she knew of the first marriage
five years. She alleges that it is extant in the records that she married Santos in 1997, as shown by the totality of the following circumstances: 19 (1) when Santos was
or only four years since she met him in 1993. Without completing the five-year courting and visiting petitioner in the house of her in-laws, they openly showed their
requirement, she posits that their marriage without a license is void. disapproval of him; (2) it was incredible for a learned person like petitioner to not
know of his true civil status; and (3) Galang, who was the more credible witness
In the Comment 14 filed by the Office of the Solicitor General (OSG), respondent compared with petitioner who had various inconsistent testimonies, straightforwardly
advances the argument that the instant Rule 45 petition should be denied for raising testified that she had already told petitioner on two occasions that the former was the
factual issues as regards her husband's subsequent marriage. As regards petitioner's legal wife of Santos.
denial of any knowledge of Santos' s first marriage, respondent reiterates that
credible testimonial evidence supports the conclusion of the courts a quo that After a careful review of the records, we see no reason to reverse or modify the
petitioner knew about the subsisting marriage. factual findings of the R TC, less so in the present case in which its findings were
affirmed by the CA. Indeed, the trial court's assessment of the credibility of witnesses
The crime of bigamy under Article 349 of the Revised Penal Code provides: deserves great respect, since it had the important opportunity to observe firsthand the
expression and demeanor of the witnesses during the trial. 20
The penalty of prision mayor shall be imposed upon any person who shall contract a
second or subsequent marriage before the former marriage has been legally Given that petitioner knew of the first marriage, this Court concurs with the ruling that
dissolved, or before the absent spouse has been declared presumptively dead by she was validly charged with bigamy. However, we disagree with the lower courts'
means of a judgment rendered in the proper proceedings. imposition of the principal penalty on her. To recall, the RTC, which the CA affirmed,
meted out to her the penalty within the range of prision correctional as minimum to
In Montanez v. Cipriano, 15 this Court enumerated the elements of bigamy as follows: prision mayor as maximum.

The elements of the crime of bigamy are: (a) the offender has been legally married; Her punishment as a principal to the crime is wrong. Archilla 21 holds that the second
(b) the marriage has not been legally dissolved x x x; (c) that he contracts a second or spouse, if indicted in the crime of bigamy, is liable only as an accomplice. In referring
subsequent marriage; and (d) the second or subsequent marriage has all the to Viada, Justice Luis B. Reyes, an eminent authority in criminal law, writes that "a
essential requisites for validity. The felony is consummated on the celebration of the person, whether man or woman, who knowingly consents or agrees to be married to
second marriage or subsequent marriage. It is essential in the prosecution for bigamy another already bound in lawful wedlock is guilty as an accomplice in the crime of
that the alleged second marriage, having all the essential requirements, would be bigamy." 22 Therefore, her conviction should only be that for an accomplice to the
valid were it not for the subsistence of the first marriage. (Emphasis supplied) crime.

For the second spouse to be indicted as a co-accused in the crime, People v. Under Article 349 of the Revised Penal Code, as amended, the penalty for a principal
Nepomuceno, Jr. 16 instructs that she should have had knowledge of the previous in the crime of bigamy is prision mayor, which has a duration of six years and one day
subsisting marriage. People v. Archilla 17 likewise states that the knowledge of the to twelve years. Since the criminal participation of petitioner is that of an accomplice,
second wife of the fact of her spouse's existing prior marriage constitutes an the sentence imposable on her is the penalty next lower in degree, 23 prision
indispensable cooperation in the commission of bigamy, which makes her responsible correctional, which has a duration of six months and one day to six years. There
as an accomplice. being neither aggravating nor mitigating circumstance, this penalty shall be imposed
in its medium period consisting of two years, four months and one day to four years
THE RULING OF THE COURT and two months of imprisonment. Applying the Indeterminate Sentence Law, 24
petitioner shall be entitled to a minimum term, to be taken from the penalty next lower
The penalty for bigamy and petitioner's knowledge of Santos's first marriage in degree, arresto mayor, which has a duration of one month and one day to six
months imprisonment.
The crime of bigamy does not necessary entail the joint liability of two persons who
marry each other while the previous marriage of one of them is valid and subsisting. The criminal liability of petitioner resulting from her marriage to Santos
As explained in Nepomuceno: 18
Jurisprudence clearly requires that for the accused to be convicted of bigamy, the
In the crime of bigamy, both the first and second spouses may be the offended second or subsequent marriage must have all the essential requisites for validity. 25 If
parties depending on the circumstances, as when the second spouse married the the accused wants to raise the nullity of the marriage, he or she can do it as a matter
accused without being aware of his previous marriage. Only if the second spouse had of defense during the presentation of evidence in the trial proper of the criminal case.
26 In this case, petitioner has consistently27 questioned below the validity of her
marriage to Santos on the ground that marriages celebrated without the essential requirement under the law; and (2) falsely making claims in no less than her marriage
requisite of a marriage license are void ab initio. 28 contract.

Unfortunately, the lower courts merely brushed aside the issue. The RTC stated that We chastise this deceptive scheme that hides what is basically a bigamous and illicit
it could not pass judgment on the validity of the marriage.1âwphi1 The CA held that marriage in an effort to escape criminal prosecution. Our penal laws on marriage,
the attempt of petitioner to attack her union with Santos was in vain. such as bigamy, punish an individual's deliberate disregard of the permanent and
sacrosanct character of this special bond between spouses.38 In Tenebro v. Court of
On the basis that the lower courts have manifestly overlooked certain issues and Appeals,39 we had the occasion to emphasize that the State's penal laws on bigamy
facts, 29 and given that an appeal in a criminal case throws the whole case open for should not be rendered nugatory by allowing individuals "to deliberately ensure that
review, 30 this Court now resolves to correct the error of the courts a quo. each marital contract be flawed in some manner, and to thus escape the
consequences of contracting multiple marriages, while beguiling throngs of hapless
After a perusal of the records, it is clear that the marriage between petitioner and women with the promise of futurity and commitment."
Santos took place without a marriage license. The absence of this requirement is
purportedly explained in their Certificate of Marriage, which reveals that their union Thus, in the case at bar, we cannot countenance petitioner's illegal acts of feigning a
was celebrated under Article 34 of the Family Code. The provision reads as follows: marriage and, in the same breath, adjudge her innocent of the crime. For us, to do so
would only make a mockery of the sanctity of marriage. 40
No license shall be necessary for the marriage of a man and a woman who have lived
together as husband and wife for at least five years and without any legal impediment Furthermore, it is a basic concept of justice that no court will "lend its aid to x x x one
to marry each other. The contracting parties shall state the foregoing facts in an who has consciously and voluntarily become a party to an illegal act upon which the
affidavit before any person authorized by law to administer oaths. The solemnizing cause of action is founded." 41 If the cause of action appears to arise ex turpi causa
officer shall also state under oath that he ascertained the qualifications of the or that which involves a transgression of positive law, parties shall be left unassisted
contracting parties are found no legal impediment to the marriage.31 by the courts. 42 As a result, litigants shall be denied relief on the ground that their
conduct has been inequitable, unfair and dishonest or fraudulent, or deceitful as to
Here, respondent did not dispute that petitioner knew Santos in more or less in the controversy in issue. 43
February 1996 32 and that after six months of courtship,33 she married him on 29
July 1997. Without any objection from the prosecution, petitioner testified that Santos Here, the cause of action of petitioner, meaning her affirmative defense in this
had frequently visited her in Castellano, Nueva Ecija, prior to their marriage. criminal case of bigamy, is that her marriage with Santos was void for having been
However, he never cohabited with her, as she was residing in the house of her in- secured without a marriage license. But as elucidated earlier, they themselves
laws,34 and her children from her previous marriage disliked him.35 On cross perpetrated a false Certificate of Marriage by misrepresenting that they were
examination, respondent did not question the claim of petitioner that sometime in exempted from the license requirement based on their fabricated claim that they had
1993, she first met Santos as an agent who sold her piglets.36 already cohabited as husband and wife for at least five years prior their marriage. In
violation of our law against illegal marriages,44 petitioner married Santos while
All told, the evidence on record shows that petitioner and Santos had only known knowing full well that they had not yet complied with the five-year cohabitation
each other for only less than four years. Thus, it follows that the two of them could not requirement under Article 34 of the Family Code. Consequently, it will be the height of
have cohabited for at least five years prior to their marriage. absurdity for this Court to allow petitioner to use her illegal act to escape criminal
conviction.
Santiago and Santos, however, reflected the exact opposite of this demonstrable fact.
Although the records do not show that they submitted an affidavit of cohabitation as The applicability of People v. De Lara
required by Article 34 of the Family Code, it appears that the two of them lied before
the solemnizing officer and misrepresented that they had actually cohabited for at Petitioner cites De Lara as the relevant jurisprudence involving an acquittal for
least five years before they married each other. Unfortunately, subsequent to this lie bigamy on the ground that the second marriage lacked the requisite marriage license.
was the issuance of the Certificate of Marriage, 37 in which the solemnizing officer In that case, the Court found that when Domingo de Lara married his second wife,
stated under oath that no marriage license was necessary, because the marriage was Josefa Rosales, on 18 August 1951, the local Civil Registrar had yet to issue their
solemnized under Article 34 of the Family Code. marriage license on 19 August 1951. Thus, since the marriage was celebrated one
day before the issuance of the marriage license, the Court acquitted him of bigamy.
The legal effects in a criminal case of a deliberate act to put a flaw in the marriage
Noticeably, Domingo de Lara did not cause the falsification of public documents in
The Certificate of Marriage, signed by Santos and Santiago, contained the order to contract a second marriage. In contrast, petitioner and Santos fraudulently
misrepresentation perpetrated by them that they were eligible to contract marriage secured a Certificate of Marriage, and petitioner later used this blatantly illicit act as
without a license. We thus face an anomalous situation wherein petitioner seeks to be basis for seeking her exculpation. Therefore, unlike our treatment of the accused in
acquitted of bigamy based on her illegal actions of (1) marrying Santos without a De Lara, this Court cannot regard petitioner herein as innocent of the crime.
marriage license despite knowing that they had not satisfied the cohabitation
No less than the present Constitution provides that "marriage, as an inviolable social 4 Records, p. 1.
institution, is the foundation of the family and shall be protected by the State." 45 It
must be safeguarded from the whims and caprices of the contracting parties. 46 in 5 Id. at I 17; hi' Certificate of Death showed that he died during the pendency of the
keeping therefore with this fundamental policy, this Court affirms the conviction of case on 28 November 2001.
petitioner for bigamy
6 Rollo, p. 87; Marriage Contract between Nicanor Santos and Estela Galang.
WHEREFORE, the Petition for Review on Certiorari filed by petitioner Leonila G.
Santiago is DENIED. The Decision and Resolution of the Court of Appeals in CA-G.R. 7 Id. at 57-58; CA Decision, pp. 2-3.
CR No. 33566 is AFFIRMED with MODIFICATION. As modified, petitioner Leonila G.
Santiago is hereby found guilty beyond reasonable doubt of the crime of bigamy as 8 Id. at 80; RTC Decision, p. 6. See also records, pp. 269-270, 117; the appointment
an accomplice. She is sentenced to suffer the indeterminate penalty of six months of papers of petitioner showed that she worked as a faculty member of Divina Pastora
arresto mayor as minimum to four years of prision correctional as maximum plus College, and the Death Certificate of Nicanor Santos indicated that he was a laborer.
accessory penalties provided by law.
9 Id. at 83; RTC Decision, p. 9.
SO ORDERED.
10 Id.
MARIA LOURDES P.A. SERENO
Chief Justice, Chairperson 11 Id. at 86; RTC Order, p. 2.

WE CONCUR: 12 Id. at 70, 73; CA Decision, p. 15, CA Resolution, p. 2.

TERESITA J. LEONARDO-DE CASTRO 13 No. 12583-R, 14 February 1955, 51 O.G. 4079.

CERTIFICATION 17 111 Phil.291 (1961).

Pursuant to Section 13, Article VIII of the Constitution, I certify that the conclusions in 18 Supra note 16, at 775.
the above Decision had been reached in consultation before the case was assigned
to the writer of the opinion of the Court's Division. 19 Rollo, pp. 64-68, CA Decision dated 21 September 2011, pp. 9-13; rollo, pp. 80-
81; RTC Decision dated 21 May 2010, pp. 6-7.
MARIA LOURDES P.A. SERENO
Chief Justice 20 People v. Arcilla, 326 Phil. 774 (1996).

Footnotes 21 supra note 17, at 293.

1 Rollo, pp. 56-70, 72-73; the CA Decision dated 21 September 2011 and Resolution 22 Luis B. Reyes, the Revised Penal Code, Criminal Law, Book Two, p. 979, Volume
dated 5 January 2012 were penned by Associate Justice Remedios A. Salazar- II (2012) citing Viada, 3 Cod. Pen. 274.
Fernando, with Associate Justices Michael P. Elbinias and Elihu A. Ybañez,
concurring. 23 Revised Penal Code, Art. 52.

2 Id. at 75-83, 85-86; the RTC Decision dated 21May2010 and Order date 24 June 24 Act No. 4103 (1965).
2010 were penned by Judge Celso 0. Baguio of RTC Branch 34, Gapan City, Nueva
Ecija. 25 De la Cruz v. Ejercito, 160-A Phil. 669 (1975), Zapanta v. Montesa, 114 Phil. 1227
(1962), Merced v. Diez, 109 Phil. 155 (1960), and People v. Dumpo, 62 Phil. 246
3 Id. at 88; Certificate of Marriage issued by the Civil Registry of Nueva Ecija. (1935). .
26 Marbella-Bobis v. Bobis, 391 Phil. 648 (2000).

27 Rollo, p. 77, RTC Decision, p. 3; records, pp. 311-312, Motion for Reconsideration
filed by Santiago before the RTC, pp. 2-3.

28 Family Code, Art. 3.

29Formilleza v. Sandiganbayan, 242 Phil. 519 (1988).

30 People v. Flores, 442 Phil. 561 (2002).

31 Republic v. Dayot, 573 Phil. 553 (2008).

32 The TSN dated 13 June 2002, p. 3 reflected that petitioner met Santos in 1996;
but according to the TSN dated 10 August 2004, she clarified in her additional direct
testimony that she met Santos in 1993. In both cases, she only knew Santos for less
than five years prior their marriage on 29 July 1997.

33 Id. at 4.

34 Id. at 7-8.

35 TSN, 24 October 2002, p. 14.

36I d. at 2.

37 Records, p. 88. Certified True Copy of the Certificate of Marriage between Nicanor
F. Santos and Leonila G. Santiago.

38 Tenebro v. CA, 467 Phil. 723 (2004).

39 Id. at 744.

40 Republic v. Albios. G.R. No. 198780, 16 October2013.

41 Manuelv. People, 512 Phil 818, 851 (2005).

42 A cabal v. A cabal, 494 Phil. 528 (2005).

43 Muller v. Muller, 531 Phil. 460 (2006).

44 REVISED PENAL CODE, Arts. 349-352 .Art. 350 punish the crime of illegal
marriages as follows: Art. 350. Marriage contracted against provisions of laws. - The
penalty of prison correctional in its medium and maximum periods shall be imposed
upon any person who, without being included in the provisions of the next proceeding
article, shall have not been complied with or that the marriage is in disregard of a
legal impediment. If either of the contracting parties shall obtain the consent of the
other by means of violence, intimidation or fraud, he shall be punished by the
maximum period of the penalty provided in the next preceding paragraph.