ABUNADO vs.

PEOPLE
G.R. No. 159218, 30 March 2004

FACTS:
Salvador Abunado married Zenaida Binas in 1955 and they separated in 1966. He contracted a
second marriage to Narcisa Arcena in 1966 then Narcisa went to Japan. While Narcisa was in Japan,
he married Zenaida for the second time in 1989.

Narcisa came home in 1992 and discovered Salvadors affair with Fe Corazon Palto and his second
marriage to Zenaida. The event was followed by Salvadors filing of an annulment case and the other
hand, Narcisa filed for bigamy against Salvador.

In his defense, Salvador contended that Narcisa consented to his marriage to Zenaida and that the
bigamy case should be suspended since the annulment case is prejudicial.

ISSUES:
Is the resolution of the annulment case a requisite for the bigamy case to prosper?

HELD:
Annulment has no bearing upon determination of petitioners innocence or guilt in bigamy. The only
requirement for bigamy to prosper is that the first marriage be subsisting when the second marriage
was contracted.

Even void and voidable marriages shall be deemed valid until declared otherwise by the Court.
Salvadors marriages to Zenaida and Narcisa are both subsisting, which makes him guilty of bigamy.

A pardon by the offended party does not extinguish criminal action considering that a crime is
committed against the state. Bigamy is a public offense which can be denounced by even a civic-
spirited citizen who may come to know of it.