Article 36, NCC

JAMES WALTER P. CAPILI vs. PEOPLE AND SHIRLEY

TISMO-CAPILI.
G.R. No. 183805

July 3, 2013

Facts: In September 1999, James Capili married Karla

Medina. But then, just three months later in December
1999, he married another woman named Shirley Tismo.
In 2004, Karla Medina filed an action for declaration of
nullity of the second marriage between Capili and Tismo. In
June 2004, Tismo filed a bigamy case against Capili.
Before a decision can be had in the bigamy case, the
action filed by Karla Medina was granted and Capilis
marriage with Tismo was declared void by reason of the
subsisting marriage between Medina and Capili. Thereafter,
Capili filed a motion to dismiss in the bigamy case. He
alleged that since the second marriage was already
declared void ab initio (at the very beginning) that marriage

never took place and that therefore, there is no bigamy to

speak of.

marriage void and invoke the pendency of that action as a

prejudicial question in the criminal case.

The prosecutor filed a motion stating, among others, that

the issues raised in the civil case (declaration of nullity) are
not similar or intimately related to the issue in the bigamy
case and that the resolution of the issues in said civil case
would not determine whether or not the criminal action may
proceed.

The outcome of the civil case for annulment of petitioners

marriage to [private complainant] 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 trial court agreed with Capili and it dismissed the

bigamy case. On appeal, the Court of Appeals reversed the
dismissal and remanded the case to the trial court.

Thus, under the law, a marriage, even one which is void or

voidable, shall be deemed valid until declared otherwise in
a judicial proceeding. In this case, even if petitioner
eventually obtained a declaration that his first marriage was
void ab initio, the point is, both the first and the second
marriage were subsisting before the first marriage was
annulled.

Issue: WON the accused may still be charged with the

crime of bigamy, even if there is a subsequent declaration
of the nullity of the second marriage?
Held: Yes. The subsequent judicial declaration of the nullity
of the first marriage was immaterial because prior to the
declaration of nullity, the crime had already been
consummated. Moreover, petitioners assertion would only
delay the prosecution of bigamy cases considering that an
accused could simply file a petition to declare his previous

Therefore, he who contracts a second marriage before the

judicial declaration of the first marriage assumes the risk of
being prosecuted for bigamy.