CAPILI v.

PEOPLE
July 3, 2013 | Peralta, J.
Topic: CrimPro Prejudicial Question
Quick Facts:
Petitioner was charged with bigamy. There is a pending civil case for declaration of nullity
of the second marriage before the RTC of Antipolo City filed by the first wife. Petitioner
moved for suspension of proceedings arguing that the pendency of the civil case for the
declaration of nullity of the second marriage serves as a prejudicial question in the instant
criminal case. The RTC declared the bigamous nature of the second marriage. Petitioner
filed a MTD criminal case for bigamy filed against him on the ground that the second
marriage between him and private respondent had already been declared void by the RTC.
Issue:
WON the subsequent declaration of nullity of the second marriage is a ground for dismissal
of the criminal case for bigamy. NO.
Doctrine:
The outcome of the civil case for annulment of petitioners second marriage had no bearing
upon the determination of petitioners innocence or guilt in the criminal case for bigamy,
because all that is required for the charge of bigamy to prosper is that the first marriage be
subsisting at the time the second marriage is contracted.
The crime of bigamy was committed by petitioner from the time he contracted the second
marriage with private respondent. Thus, the finality of the judicial declaration of nullity of
petitioners second marriage does not impede the filing of a criminal charge for bigamy
against him.