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Case Digest
TOPIC: Bigamous and polygamous marriages
CASE Number (including date): GR 138509
July 31, 2000
CASE Name: BOBIS v BOBIS
Ponente: Justice Ynares-Santiago
FACTS
10/21/1985 Respondent Isagani Bobis contracted a first marriage with Maria
Dulce Javier
Without having this annulled, he contracted a second marriage with Imelda
Marbella-Bobis on 1/25/1996 and allegedly a third marriage with Julia
Hernandez
2/25/1998 Petitioner Imelda Bobis filed with RTC an information for bigamy
Sometime after, Isagani initiated a civil action to annul first marriage b/c it
was celebrated w/o marriage license
o He then filed motion to suspend proceedings in the criminal
case for bigamy invoking the pending civil case for nullity as a
PREJUDICIAL QUESTION to the criminal case
o RTC granted motion to suspend; Petitioner Imelda filed for motion for
recon = denied
Petitioner, in this petition for review on certiorari, argues that respondent
should have first declared judicial declaration of nullity before entering into
the second marriage, inasmuch as the alleged prejudicial question
justifying suspension of the bigamy case is no longer a legal truism
pursuant to Art 40 of FC
ISSUES
1. Whether or not the subsequent filing of a civil action for declaration
of nullity of a previous marriage constitutes a prejudicial question to
a criminal case for bigamy
RULING:
Wherefore the petition is granted.