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Abunado vs. People

Salvador Abunado was convicted of bigamy for contracting a second marriage while still legally married to his first wife, Narcisa Arceño. In 1988, Narcisa left for work in the Philippines and returned in 1992 to discover Salvador had an extramarital affair and left their home. She later found that in 1989, Salvador married Zenaida Biñas without annulling his marriage to Narcisa. The Court affirmed the conviction, as Salvador could not claim prejudicial question or invoke the subsequent annulment of his first marriage, since the offense of bigamy had already been consummated before filing for annulment. Under the Family Code, a marriage is valid

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107 views1 page

Abunado vs. People

Salvador Abunado was convicted of bigamy for contracting a second marriage while still legally married to his first wife, Narcisa Arceño. In 1988, Narcisa left for work in the Philippines and returned in 1992 to discover Salvador had an extramarital affair and left their home. She later found that in 1989, Salvador married Zenaida Biñas without annulling his marriage to Narcisa. The Court affirmed the conviction, as Salvador could not claim prejudicial question or invoke the subsequent annulment of his first marriage, since the offense of bigamy had already been consummated before filing for annulment. Under the Family Code, a marriage is valid

Uploaded by

Allen So
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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Abunado Vs.

People

Facts:

On Sept. 18, 1987 Salvador Abunado married Narcisa Arceño, in 1988 Narcisa, left for to work and
returned to Philippines in 1992, she learned that her husband was having an extra marital affair has left
their conjugal home.

After earnest efforts, Narcisa found Salvador in Quezon City cohabiting with Fe Corazon Plato. She also
discovered that on January 10, 1989, Salvador contracted a second marriage with a certain Zenaida
Biñas in San Mateo, Rizal.3

On January 19, 1995, an annulment case was filed by Salvador against Narcisa.4 On May 18, 1995, a case
for bigamy was filed by Narcisa against Salvador and Zenaida.5

Salvador admitted that he first married Zenaida on December 24, 1955 before a municipal trial court
judge in Concepcion, Iloilo and has four children with her prior to their separation in 1966. It appeared
however that there was no evidence of their 1955 marriage so he and Zenaida remarried on January 10,
1989, upon the request of their son for the purpose of complying with the requirements for his
commission in the military.

On May 18, 2001, the trial court convicted petitioner Salvador Abunado of bigamy and sentenced him to
suffer imprisonment of six (6) years and one (1) day, as minimum, to eight (8) years and one (1) day, as
maximum. Petitioner Zenaida Biñas was acquitted for insufficiency of evidence.6

On appeal, the Court of Appeals affirmed with modification the decision of the trial court, as follows:

ISSUES:
whether the second marriage of Abunado to Biñas on 10 January 1989 constitutes the crime of
bigamy under Article 349
HELD:

The Court Affirmed the decision of CA, Abunado cannot invoke the benefit of a prejudicial
question nor the order of the trial court annulling his marriage with Narcisa since the
offense had already been consummated even before he instituted the civil case for
annulment which preceded Narcisa’s complaint for bigamy. The subsequent judicial
declaration of the nullity of the first marriage was invalid because prior the declaration had
already been consummated, the petitioner’s assertion would only delay the prosecution of
bigamy considering the accused could simply file a petition to declare his previous marriage
void and invoke pendecy of action.
Under the Family code a marriage even one which is void or voidable, shall be deemed valid
until declared otherwise provided in article 40. In this case even if the petitioner eventually
obtained a declaration that his first marriage was void the point is the petitioner’s both and
1st and 2nd marriage were subsisting before the first marriage annulled.

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