This case has been cited 6 times or more.
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2016-01-13 |
LEONEN, J. |
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| [lastly,] that the second or subsequent marriage has all the essential requisites for validity.[34] | |||||
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2015-07-15 |
SERENO, C.J. |
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| We chastise this deceptive scheme that hides what is basically a bigamous and illicit marriage in an effort to escape criminal prosecution. Our penal laws on marriage, 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 Appeals,[39] we had the occasion to emphasize that the State’s penal laws on bigamy should not be rendered nugatory by allowing individuals “to deliberately ensure that each marital contract be flawed in some manner, and to thus escape the consequences of contracting multiple marriages, while beguiling throngs of hapless women with the promise of futurity and commitment.” | |||||
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2014-06-23 |
BERSAMIN, J. |
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| The elements of the crime of bigamy are as follows: (1) that the offender has been legally married; (2) that the marriage has not been legally dissolved or, in case his or her spouse is absent, the absent spouse could not yet be presumed dead according to the Civil Code; (3) that he or she contracts a second or subsequent marriage; and (4) that the second or subsequent marriage has all the essential requisites for validity.[27] | |||||
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2012-10-22 |
PERALTA, J. |
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| In Tenebro v. CA,[30] we declared that although the judicial declaration of the nullity of a marriage on the ground of psychological incapacity retroacts to the date of the celebration of the marriage insofar as the vinculum between the spouses is concerned, it is significant to note that said marriage is not without legal effects. Among these effects is that children conceived or born before the judgment of absolute nullity of the marriage shall be considered legitimate. There is, therefore, a recognition written into the law itself that such a marriage, although void ab initio, may still produce legal consequences. Among these legal consequences is incurring criminal liability for bigamy. To hold otherwise would render the State's penal laws on bigamy completely nugatory, and allow individuals to deliberately ensure that each marital contract be flawed in some manner, and to thus escape the consequences of contracting multiple marriages, while beguiling throngs of hapless women with the promise of futurity and commitment.[31] | |||||
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2011-08-24 |
PEREZ, J. |
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| 4. That the second or subsequent marriage has all the essential requisites for validity.[16] | |||||
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2010-12-08 |
PEREZ, J. |
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| (4) that the second or subsequent marriage has all the essential requisites for validity.[60] | |||||