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Why Gabby Conception Is Not Guilty to Bigamy in Philippine?

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mdventura


Reclusion Temporal
Have you heard that former matinee idol Gabby Concepcion, has pleaded not guilty to bigamy charges?
Probably you protested it since the case filed against him in connection with his marriage to actress Sharon Cuneta in 1984 while was still married to Jennifer Martin strongly indicated that the bigamy case was committed. Interestingly, the complainant in the case was not Martin but her driver, Mamerto de la Cruz. Regardless who the complainant is, bigamy is still a crime. So, how can this happen that a bigamy case can be dismissed like that?
Most probably the only problem is about the JURISDICTION. According to criminal law worldwide, a crime is punished according to where it is committed. Since Gabby did the second marriage NOT in the Philippine, then certainly Philippine state has no jurisdiction to proceed the case in its court using its law. Twisted Evil Twisted Evil Twisted Evil



Last edited by mdventura on Sun Jul 08, 2012 6:43 am; edited 1 time in total (Reason for editing : Name correction)

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mdventura


Reclusion Temporal
http://tubagbohol.mikeligalig.com/index.php?topic=37366.0

Bar Question

Abe, married to Liza, contracted another marriage with Connie in Singapore. Thereafter, Abe and Connie returned to the Philippines and lived as husband and wife in the hometown of Abe in Calamba, Laguna. 1) Can Abe be prosecuted for bigamy?

ANSWER:
1) No, Abe may not be prosecuted for bigamy since the bigamous marriage was contracted or solemnized in Singapore, hence such violation is not one of those where the Revised Penal Code, under Art. 2 thereof, may be applied extraterritorially. The general rule on territoriality of criminal law governs the situation.

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attyLLL


moderator
as i keep saying, that is the widely held belief, but there is no court decided by the Supreme Court declaring that to be correct.

the alternative view is that bigamy should still be prosecuted even if the 2nd wedding was held outside the philippines. i base my argument on the fact that the other elements of the crime, particularly, the first wedding, was held here. and that 2nd wedding is considered valid here if not for the existence of the first.


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mdventura


Reclusion Temporal
What about the case when the marriage certificate was not endorsed nor forwarded in the Philippines nor in the US? as it was held in another country?

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concepab


Reclusion Perpetua
mdventura wrote:Have you heard that former matinee idol Gabby Concepcion, has pleaded not guilty to bigamy charges?
Probably you protested it since the case filed against him in connection with his marriage to actress Sharon Cuneta in 1984 while was still married to Jennifer Martin strongly indicated that the bigamy case was committed. Interestingly, the complainant in the case was not Martin but her driver, Mamerto de la Cruz. Regardless who the complainant is, bigamy is still a crime. So, how can this happen that a bigamy case can be dismissed like that?
Most probably the only problem is about the JURISDICTION. According to criminal law worldwide, a crime is punished according to where it is committed. Since Gabby did the second marriage NOT in the Philippine, then certainly Philippine state has no jurisdiction to proceed the case in its court using its law. Twisted Evil Twisted Evil Twisted Evil

What happened to this case? hindi ko na nasundan 'to. Very Happy

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mdventura


Reclusion Temporal
Well! My friend said he wasn't charged of bigamy as he wasn't married twice in his country. It's the first wife's driver who betrays him not his wife. Note that the second marriage does not fall within any of the situations allowing for extra-territorial jurisdiction of Philippine criminal laws.



Last edited by mdventura on Sun Jul 08, 2012 4:48 pm; edited 1 time in total (Reason for editing : Additional info)

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mdventura


Reclusion Temporal
A clarification from our good attorney for anyone committed second marriage outside the Philippines territory, anyone can sue for bigamy, but the popular belief is that it will not prosper because the 2nd wedding was held abroad. Very Happy



Last edited by mdventura on Sun Jul 08, 2012 5:39 pm; edited 1 time in total (Reason for editing : Forgot smiley! :P)

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attyLLL


moderator
the idea that i can simply marry for the second time by going to hong kong rubs me the wrong way. i hope one day someone will hire so i will file this proper case and take it all the way to the supreme court.

there were once a widely held beliefs that frustrated rape and frustrated theft were legally possible, but when the proper cases were brought to the Supreme Court, they were held to be not possible.

but for sure, you can be prosecuted for bigamy where the second wedding was held.


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mdventura


Reclusion Temporal
But the argument here was the woman is from Philippines and the man is from US and they worked in the same country and got married in Singapore. So both country they're from cannot prosecute them as it is both not under their countries jurisdiction. This has been already verified under US law but my friend do not know her law in Philippines that is why she is inquiring about it.
She was told never go home as the Vultures relatives are blackmailing her and waiting for her.

On the other hand my other friend is also from Philippines married to US in Las Vegas where they can easily get divorce. This is a bit gray area for us!

Wish you luck on having one of this case as it is very complicated isn't it?

attyLLL wrote:the idea that i can simply marry for the second time by going to hong kong rubs me the wrong way. i hope one day someone will hire so i will file this proper case and take it all the way to the supreme court.

there were once a widely held beliefs that frustrated rape and frustrated theft were legally possible, but when the proper cases were brought to the Supreme Court, they were held to be not possible.

but for sure, you can be prosecuted for bigamy where the second wedding was held.

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mdventura


Reclusion Temporal
Another interesting case for you Attorney the US embassy did not conduct the marriage nor Philippine Embassy so they both said it is not under their jurisdiction in Singapore. Very strange and yet the marriage is legal as my friends are now both US citizens. Not dual passport as per advice by their lawyer.



Last edited by mdventura on Sun Jul 08, 2012 8:11 pm; edited 1 time in total (Reason for editing : Additional info)

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