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On the other hand, after Marlon has filed his reply to Carmelita’s
motion, the Office of the City Prosecutor of Bacolod City issued a
Resolution on January 14, 2018, stating that “The pending case for
annulment of marriage filed by respondent, cannot be considered a
prejudicial question, which must be resolved first, in order that the
criminal case for bigamy will proceed”.
ISSUES TO BE RESOLVED
Citing the doctrine laid down in Republic vs. Molina, G.R. No.
108763, February 13, 1997, which enumerates guidelines on
determining causes on psychological incapacity:
1. The plaintiff (the spouse who filed the petition in court) has
burden of showing the nullity of the marriage. Our laws
cherish the validity of marriage and unity of the family, so any
doubt is resolved in favor of the existence/continuation of the
marriage.
husband and wife as well as Articles 220, 221 and 225 of the
same Code in regard to parents and their children. Such non-
complied marital obligation(s) must also be stated in the petition,
proven by evidence and included in the text of the decision.
8. The trial court must order the prosecuting attorney or fiscal and
the Solicitor General to appear as counsel for the state. No
decision shall be handed down unless the Solicitor General
issues a certification, which will be quoted in the decision, briefly
stating therein his reasons for his agreement or opposition, as
the case may be, to the petition.
The petition for annulment of marriage will not bar or suspend the
criminal proceedings of such, as stated in numerous doctrines laid
down in our laws and jurisprudence:
Thus, under the law, a marriage, even one which is void or voidable,
shall be deemed valid until declared otherwise in a judicial proceeding.
This, therefore gives us the natural presumption that the petition will
not bar or suspend the resolution of the petitioner’s case against the
respondent.
Also, the petition for annulment of marriage has its own legal
effects and consequences, including that of criminal liability.
Citing Tenebro vs. Court of Appeals (G.R. No. 150758, 18
February 18, 2004): “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.”
RELIEFS TO BE SOUGHT