RPC Crimes [encountered from cases] Flashcards
What crime is punished by Article 349 o f the Revised Penal Code?
The crime punished in Art 349 RPC is the crime of Bigamy.
ART. 349. Bigamy - The penalty of prision mayor shall be imposed upon any person who shall contract a second or subsequent marriage before the former marriage has been legally dissolved, or before the absent spouse has been declared presumptively dead by means of a judgment rendered in the proper proceedings.
What is the penalty for the crime of Bigamy?
The crime for Bigamy is meted out with the penalty of prision mayor
Would a person still be liable of bigamy even if his or her spouse knew of the previous marriage?
Yes, the person would still be liable of bigamy even if the his or her spouse knew of the previous marriage. In the case of People v Bitdu, the Court ruled even if the private complainant had known of the previous marriage, the accused would still be liable of Bigamy.
Can parties themselves determine the nullity of their marriage?
No, the nullity of marriage must be determined and decreed by the proper judicial court.
What are the elements of bigamy?
1) The contracting of a second or subsequent marriage
2) The presence of a valid or undissolved marriage on the contracting party.
The prosecution must prove two things: (1) That he or she has been legally married, and (2) he/she contracts a subsequent marriage without the former marriage having been LAWFULLY dissolved.
Defenses available for the accused in the crime of bigamy:
1) judicial declaration of nullity of the first marriage, or decree of annulment
2) lack of willfulness in the second marriage (there is no crime where there is no will to do the act)
