Capili vs People Case Digest GR 183805
Facts
On June 28, 2004, petitioner, JAMES WALTER P. CAPILI, was charged with the crime of bigamy before the RTC of Pasig City.
Petitioner thereafter filed a Motion to Suspend Proceedings alleging that:
(1) there is a pending civil case for declaration of nullity of the second marriage before the RTC of Antipolo City filed by Karla Y. Medina-Capili;
(2) in the event that the marriage is declared null and void, it would exculpate him from the charge of bigamy; and
(3) the pendency of the civil case for the declaration of nullity of the second marriage serves as a prejudicial question in the instant criminal case.
RELATED:
- People v Mendoza Case Digest G.R. No. L-5877, Sept. 28, 1954
- De Jesus vs Syquia Case Digest -58 Phil 866 – G.R. No. L-39110, November 28, 1933
- Geluz v. Court of Appeals Case Digest – G.R. No. L-16439 – July 20, 1961
- Tenchavez v Escaño Case Digest – L-19671, November 29, 1965
- Chi-Ming Tsoi vs Gina Lao – Case Digest G.R. №119190 January 16, 1997
- Tañada vs Tuvera Case Digest – G.R. No. L-63915 April 24, 1985
- Andal v Macaraig Case Digest. GR No. 2474, May 30, 1951
Issue
Whether or not the subsequent declaration of nullity of the second marriage is a ground for dismissal of the criminal case for bigamy.
Ruling
NO. The subsequent declaration of nullity of the second marriage is NOT a ground for dismissal of the criminal case for bigamy.
It is undisputed that a second marriage between the petitioner and private respondent was contracted on December 8, 1999. It is during the subsistence of a valid first marriage between petitioner and Karla Y. Medina-Capili contracted on September 3, 1999.
Notably, the RTC of Antipolo City itself declared the bigamous nature of the second marriage between the petitioner and private respondent. Thus, the subsequent judicial declaration of the second marriage for being bigamous in nature does not bar the prosecution of the petitioner for the crime of bigamy.
Conclusion
WHEREFORE, premises considered, the petition is DENIED. The Decision of the Court of Appeals in CA-G.R. CR No. 30444 are hereby AFFIRMED.
Capili vs People Case Digest GR 183805
