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Bigamous Marriage

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1 Bigamous Marriage on Wed Sep 25, 2013 1:38 pm

hebron


Arresto Menor
FACTS
Marvin married his girlfriend in the Philippine embassy of The Hague, Netherlands on January 25, 1989. Marvin is a seaman, who has been separated from his legal wife, Tina.

Marvin and Tina was married on October 22, 1980 and separated after 6 years.

Tina discovered the 2nd marriage of Marvin on January 28, 1999 and filed a bigamy case with the Prosecutor's office of Biñan, Laguna on January 28, 2012. Finding probable cause, the bigamy case was filed in the RTC of Biñan, Laguna. Marvin filed a motion to quash the information based on the following grounds:

1. The action has already prescribed - the 2nd marriage was registered on 1989 or more than 20 years after the case was filed.
2. The court trying the case has no jurisdiction over the case filed - the alleged crime was committed outside the jurisdiction of the Philippine courts and one of the main characteristics of criminal law is territoriality, that criminal law punish crimes committed within Philippine territory and the only exception are those instances found under Article 2 of the Revised Penal Code.

ISSUE

1. Whether or not the action has already prescribed.
2. Whether or not the RTC-Biñan has jurisdiction over the case.
I need your help especially on the jurisdiction of the court. The second wedding was contracted in the Phil Em. and I'm confused whether where should the case be filed. Thank you so much!

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2 Re: Bigamous Marriage on Wed Sep 25, 2013 8:33 pm

concepab


Reclusion Perpetua
“Article 91 states that the period of prescription shall commence to run from the day on which the crime is discovered by the offended party, the authorities, or their agents…” So IMO, the 20 years is not counted since the wife discovered the crime only in year 1999.

About the second arguments, law stated that the crimes of bigamy and adultery under Philippine law will apply only if committed within Philippine territory. Again, in my humble opinion, since our embassies are considered as part of our territory, any bigamous marriage celebrated in any of our embassies can be considered a crime.

I hope some of our lawyers here can clarify that. Smile

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3 Re: Bigamous Marriage on Tue Oct 01, 2013 8:47 am

attyLLL


moderator
is this homework?


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4 Re: Bigamous Marriage on Tue Oct 01, 2013 3:42 pm

hebron


Arresto Menor
attyLLL wrote:is this homework?
suppose po.

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5 Re: Bigamous Marriage on Wed Oct 02, 2013 11:26 am

attyLLL


moderator
then it would be a disservice to assist you, but i agree with concepab


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6 Re: Bigamous Marriage Today at 6:03 pm

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