LUISITO G. PULIDO VS. PEOPLE OF THE PHILIPPINES

G. R. NO. 220149 : JULY 27 2021

FACTS:

On September 5, 1983, then 16-year old Pulido married his 22-year old teacher Arcon in a civil ceremony. The couple lived together until 2007 when Pulido stopped going hom.e to their conjugal dwelling. When confronted by Arcon, Pulido admitted to his affair with Baleda. Arcon likewise learned that Pulido and Baleda entered into marriage on July 31, 1995. Pulido and Baleda’s marriage has all the essential requisites for validity had it not for the existing first marriage.

Aggrived, Arcon filed a bigamy complaint against Pulido and Baleda in December 2007. In his defense, Pulido argued that both of his marriages were null and invalid from the start and therefore he cannot be held liable for bigamy. In particular, his marriage to Arcon is null and void owing to a lack of a marriage license, and his marriage to Baleda is similarly null and void due to a lack of a wedding ceremony. Baleda, on the other hand, claimed that she first learned about Pulido’s past marriage in April 2007, and that she submitted a Petition to Annul their Marriage before the bigamy lawsuit was filed. On October 25, 2007, the court pronounced their marriage null and invalid because they were bigamous. RTC convicted Pulido with bigamy and acquitted Baleda. The CA affirmed the RTC’s decision.

ISSUE/S:

1. W/N a judicial declaration of nullity is required for prior marriages contracted before the effectivity of the Family Code?
2. W/N a void ab initio marriage is a valid defense in the prosecution for bigamy even without a judicial declaration of absolute nullity?

HELD:

1. YES. A judicial declaration of nullity is required for prior marriages contracted before the effectivity of the Family Code. Article 40 has retroactive application on marriages contracted prior to the effectivity of the Family Code but only for the purpose of remarriage, as the parties are not permitted to judge for themselves the nullity of their marriage. In other words, in order to remarry judicial declaration of nullity is :required for prior marriages contracted before the effectivity of the Family Code. Without a judicial declaration of absolute nullity of the first marriage having been obtained, the second marriage is rendered void ab initio even though the first marriage is also considered void ab initio. The only basis for establishing the validity of the second marriage is the judicial decree of nullity of the first marriage.
2. YES. A void ab initio marriage is a valid defense in the prosecution for bigamy even without a judicial declaration of absolute nullity. in a criminal prosecution :for bigan1y, the parties may still raise the defense of a void ab initio marriage even without obtaining a judicial declaration of absolute nullity if the first marriage was celebrated before the effectivity of the Family Code. Procedural rules are only given retroactive effect insofar as they do not prejudice or impair vested or acquired rights. In this case, Pulido may raise the defense of a void ab initio marriage even without obtaining a judicial declaration of absolute nullity.