People v Mendoza Case Digest, G.R. No. L-5877, Sept. 28, 1954
In 1936, Mendoza married Jovita. While Jovita was still alive, Mendoza in 1941 married Olga. In 1943, Jovita died. In 1949, while Olga was still alive, Mendoza married Carmencita. Mendoza was then accused of BIGAMY for his marriage to Carmencita.
Whether or not Mendoza is guilty of Bigamy.
No, Mendoza is not guilty of bigamy, for when he married Carmencita, he had no previous valid marriage. His first marriage (to Jovita) had been already been dissolved by Jovita’s death in 1943.
His second marriage (to Olga) cannot be counted inasmuch as it was VOID AB INITIO, having been contracted while Jovita was still alive. Said second marriage needed no judicial declaration to establish its invalidity because it was bigamous, and void from the beginning, as distinguished from a merely voidable or annullable marriage.
Under the Family Code, a judicial declaration of nullity is required even for a VOID marriage.
BIGAMY; MARRIAGE CONTRACTED DURING THE EXISTENCE OF THE FIRST MARRIAGE IS VOID AB INITIO; NO JUDICIAL DECREE IS NECESSARY TO ESTABLISH ITS VALIDITY. — A subsequent marriage contracted by any person during the lifetime of his espouse is illegal and void from its performance, and no judicial decree is necessary to establish its invalidity. A prosecution for bigamy based on said void marriage will not lie.