Legal Memorandum; Midterm Exam for Legal Research and Writing

Kintanar, Marie Caitlin C.

EH 302, JD 1

Pearson
and
1 of
Hardman
5
Law Offices
Suite 101,
101st Floor
Ayala FGU Bldg., Cebu City
Tel. No. : 012345; Fax No.: 56789

Memo To: Atty. Aylward M. Consulta, Supervising Attorney

Memo From: Marie Caitlin C. Kintanar, Associate Attorney
Date: August 17, 2015
Client: Mrs. Anne Curtis
Re: Bigamy case against Mr. Adam Curtis

I. STATEMENT OF THE ASSIGNMENT

We have met with the client, Mrs. Anne Curtis this past week. The client has
asked for our legal opinion and has inquired for necessary legal actions to be
taken against his estranged husband Mr. Adam Curtis, and if she can file a
bigamy case against him.
II. STATEMENT OF FACTS
Mrs. Anne Curtis was married to her long time boyfriend Mr. Adam Curtis.
They have complied with all the necessary requirements before the
celebration of their marriage. In pursuit of greener pastures, Mr. Adam Curtis
worked in a New York based law firm as an Associate Lawyer for 3 years. It
was made known to Mrs. Curtis that her husband, during his stay in New
York, was romantically involved with a certain Rachel Zane, a paralegal in the
same firm. Both got married when they were on a stupendous vacation in Las
Vegas. Thereafter, her husband brought his new wife for a honeymoon in
Cebu.
III. ISSUES
1. Whether or not the husbands marriage to Rachel Zane is valid given that
the marriage was legally solemnized in Las Vegas.
2. Whether or not Mrs. Curtis can file a bigamy case against his husband with
the grounds that: (1) he has been legally married to her; (2) that his marriage
with Mrs. Curtis has not been legally dissolved; (3) that the husband
contracted a second or subsequent marriage and; (4) that the second or
subsequent marriage has all the essential requisites for validity.
IV. BRIEF ANSWER
1. No, Adams marriage to Rachel Zane is null and void. His first marriage
with Mrs. Anne Curtis is still valid. Even if his marriage with Rachel Zane was
legally solemnized in Las Vegas, and that if proven that Adam committed
bigamy, he will be criminally liable under Art. 349 of the Revised Penal Code
of the Philippines.
2. Yes, Mrs. Curtis can file a bigamy case against her husband for having two
wives at the same time. She will have to establish successfully the 4 required
elements of the crime of bigamy.
V. APPLICABLE LAWS

Legal Memorandum; Midterm Exam for Legal Research and Writing

Kintanar, Marie Caitlin C.
EH 302, JD 1

A. Art. 2 of
the Revised
2 of
Penal
Code
5
of
the
Philippines.
Application
of
its
provisions - Except as provided in the treaties and laws of preferential
application, the provisions of this Code shall be enforced not only within the
Philippine Archipelago, including its atmosphere, its interior waters and
maritime zone, but also outside of its jurisdiction, against those who:
1. Should commit an offense while on a Philippine ship or airship
2. Should forge or counterfeit any coin or currency note of the Philippine
Islands or obligations and securities issued by the Government of the
Philippine Islands; chan robles virtual law library
3. Should be liable for acts connected with the introduction into these islands
of the obligations and securities mentioned in the presiding number;
4. While being public officers or employees, should commit an offense in the
exercise of their functions; or
5. Should commit any of the crimes against national security and the law of
nations, defined in Title One of Book Two of this Code. 1
B. Art. 15 of the Civil Code of the Philippines - Laws relating to family rights
and duties, or to status, condition and legal capacity of persons are binding
upon citizens of the Philippines, even though living abroad. 2
C. Art. 26 of the New Family Code of the Philippines - All marriages
solemnized outside the Philippines, in accordance with the laws in force in
the country where they were solemnized, and valid there as such, shall also
be valid in this country, except those prohibited under Articles 35 (1), (4), (5)
and (6), 36, 37 and 38.
Where a marriage between a Filipino citizen and a foreigner is validly
celebrated and a divorce is thereafter validly obtained abroad by the alien
spouse capacitating him or her to remarry, the Filipino spouse shall have
capacity to remarry under Philippine law. (As amended by Executive Order
227)3
D. Art. 35, Par. 4 of the Family Code of the Philippines - The following
marriages shall be void from the beginning:
4) Those bigamous or polygamous marriages not falling under Article 41; 4
E. Art. 40 of the New Family Code of the Philippines - The absolute nullity of a
previous marriage may be invoked for purposes of remarriage on the basis
solely of a final judgment declaring such previous marriage void. 5

The Revised Penal Code (Criminal Law), by Luis B. Reyes, 18th Edition, Article 2,
Application of its provisions, pages 24-32
1

Compendium on the Law on Persons and Family Relations, by Dean Alex L.

Monteclar, 2011 Edition, Article 15, Nationality Theory, page 19
2

Compendium on the Law on Persons and Family Relations, by Dean Alex L.

Monteclar, 2011 Edition, Article 26, Lex Loci Celebraciones Rule in Marriage, pages
90-94
3

Compendium on the Law on Persons and Family Relations, by Dean Alex L.

Monteclar, 2011 Edition, Article 35, par.4, Void Ab Initio Marriages, pages 101-104
4

Compendium on the Law on Persons and Family Relations, by Dean Alex L.

Monteclar, 2011 Edition, Article 40, Void of Subsequent Marriage, pages 120-123
5

Legal Memorandum; Midterm Exam for Legal Research and Writing

Kintanar, Marie Caitlin C.
EH 302, JD 1

F. Art. 349
of
the
3 of
Revised
5
Penal Code
of
the
Philippines
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 dissolved, or before the absent spouse has been
declared presumptively dead by means of a judgment rendered in the
proper proceedings.
The elements of this crime 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 contracts a second or subsequent marriage; and
4. That the second or subsequent marriage has all the
essential requisites for validity. 6
VI. APPLICABLE JURISPRUDENCE
In the case of Bobis vs. Bobis, G.R. No. 138509, July 31, 2000, wherein the
respondent contracted 3 marriages, one after another. According to Article 40
of the Family Code of the Philippines, it requires a prior judicial declaration of
nullity of a previous marriage before a party may remarry. Therefore, without
judicially declaring the nullity of the marriage, the party cannot contract a
subsequent marriage.7Parties that wish to remarry must first have their
marriage annulled.
In Teves vs. People of the Philippines and Danilo R. Bongalon, G.R. No.
188775 which was decided last August 24, 2011, denied the petitioners
review on the RTC and Court of Appeals decision that the petitioner is guilty
of bigamy. A marriage was solemnized between Cenon Teves and Thelma
Jaime- Teves. After marriage, Thelma left to work abroad. While on vacation
in the Philippines, she was informed that her husband had contracted
marriage with a certain Edita Calderon. Petitioner was charged with bigamy
defined and penalized under Art. 349 of the Revised Penal Code, as
amended, in an information which reads:
That on or about the 10th day of December, 2001 up to the present, in the
municipality of Meycauayan, province of Bulacan, Philippines, and within the
jurisdiction of this Honorable Court, the said Cenon R. Teves being previously
united in lawful marriage on November 26, 1992 with Thelma B. Jaime and
without the said marriage having legally dissolved, did then and there
willfully, unlawfully and feloniously contract a second marriage with one
Edita T. Calderon, who knowing of the criminal design of accused Cenon R.
Teves to marry her and in concurrence thereof, did then and there willfully,
unlawfully and feloniously cooperate in the execution of the offense by
marrying Cenon R. Teves, knowing fully well of the existence of the marriage
of the latter with Thelma B. Jaime.8

VII. CONCLUSION/RECOMMENDATION
Teves vs. People of the Philippines and Bongalon, G.R. No. 188775. August 24,
2011, sc.judiciary.gov.ph
6

Bobis vs. Bobis, G.R. No.138509. July 31, 2000, sc.judiciary.gov.ph

Teves vs. People of the Philippines and Bongalon, G.R. No. 188775. August 24,
2011, sc.judiciary.gov.ph
8

Legal Memorandum; Midterm Exam for Legal Research and Writing

Kintanar, Marie Caitlin C.
EH 302, JD 1

I.
Mr.
Adams
4 of
marriage
5
with Rachel
Zane
is
void
ab
initio.
Ms. Curtis is the legally known wife of Mr. Adam. The parties which are both
Filipino contracted marriage here in the Philippines therefore, under the
Nationality Theory, a Filipino, wherever he may go, is governed by the laws of
the Philippines relating to family rights and duties, status, condition and legal
capacity (Art. 15 of the Civil Code of the Philippines). Hence, since Mr. Adam
who was married here in the Philippines shall continue to be married even of
he is working in New York. Adam cannot invoke his marriage with Rachel
Zane in Las Vegas shall also be valid in the Philippines given the provision of
Art. 26 of the Family Code of the Philippines because his relationship with
Rachel Zane is bigamous. Bigamous marriages are prohibited under Art. 35,
par.4 of the Family Code of the Philippines, this in relation to Art. 26 which
states that Art. 35, par. 4 is one of the exceptions to the rule.
II. Mr. Adam can be charged of bigamy for contracting a subsequent marriage
even though he is still legally married to Mrs. Anne Curtis. She needs to
establish the 4 required elements of the crime bigamy.
To succeed on the claim of bigamy, the plaintiff should establish the 4
required elements of the crime bigamy.
A. That the offender has been legally married .
It has been established here that Mrs. Curtis marriage with Mr. Adam
is valid since the beginning and was never dissolve for any legal causes.
Both of the parties complied with the essential and formal requisites
before the celebration of their marriage.
B. 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.
Marriage can only be terminated by death or annulment due to legal
causes. Parties that would wish to remarry must first have their marriage
annulled. In the case at bar, Adam, didnt file an annullment case against
Mrs. Curtis and if he did, case will not prosper for lack of legal causes.
Hence, without legally dissolving the marriage, Adams marriage with
Mrs. Curtis is still valid even if hes been working and residing in New York
for the past 3 years.
C. That he contracts a second or subsequent marriage .
Adam contracted a second marriage with Rachel Zane in Las Vegas.
In fact, they decided to celebrate their honeymoon in Cebu.
D. That the second or subsequent marriage has all the essential requisites
for validity.
Mrs. Curtis has to establish that the subsequent marriage of her
husband in Las Vegas is valid having all the essential requisites for the
validity of marriage.
Under Art. 349 of the Revised Penal Code of the Philippines, the act of
contracting a second marriage while the first one is still legal and valid is
called bigamy and such act is punishable under our laws.
However, it appears that the second marriage was contracted in a foreign
counrty. Because of this, we have to consider the territorial limitations and
characteristic of our laws. Generally, the territoriality of our criminal law
simply means that Philippine law is applicable to all crimes committed or
perpetrated within the limits of Philippine territory. Consequently, crimes
committed outside the territory of the Philippines are not within the

Legal Memorandum; Midterm Exam for Legal Research and Writing

Kintanar, Marie Caitlin C.
EH 302, JD 1

jurisdiction
of
5 of
Philippine
5
authorities
to
prosecute,
subject
only to certain exceptions that are not related to the case. Because of this
principle, one may not file a criminal case for bigamy against the husband in
the Philippines since it was committed outside our countrys territorial
jurisdiction. As penal laws of the Philippines are territorial in nature, it
penalizes those acts defined as criminal acts committed within the Philippine
territory. Crimes or felonies committed even by Filipinos outside of the
Philippines do not come within the ambit of our criminal laws. Thus, to
reiterate, the act of Adam in contracting a second marriage in Las Vegas
cannot be prosecuted or tried in the Philippines, having been done outside of
our countrys jurisdiction.
However, since Adam will return to the Philippines with his second wife, Mrs.
Curtis may then file a criminal complaint against them.9

Legal Advice by Atty. Persida Acosta, manilatimes.net