GR 1601; (March, 1904) (Digest)
G.R. No. 1601 : March 28, 1904
THE UNITED STATES, plaintiff-appellee, vs. NICOLAS MACLEOD, defendant-appellant.
FACTS:
On April 7, 1903, Concepcion Policarpio filed a sworn complaint charging Nicolas Macleod with the crime of illegal matrimony (bigamy). The complaint alleged that Macleod, while his marriage to Policarpio on November 5, 1900, remained legally undissolved, contracted a second marriage with Sotera Agustin on or about March 30, 1903, in Manila. Both marriages were solemnized before Nicolas Zamora, a minister of the Methodist Episcopal Church. For the second marriage, Macleod used the alias “Nicolas Hernandez.” The second marriage was allegedly arranged by Agustin’s family to conceal her dishonor after she was abducted by Macleod, who had represented himself as single. At trial, Macleod defended himself by claiming he was forced into the second marriage under threats of death and intimidation by three individuals, a claim corroborated by the testimonies of his parents and a neighbor.
ISSUE:
Whether the accused, Nicolas Macleod, is guilty of the crime of bigamy for contracting a second marriage while his first marriage was still legally subsisting.
RULING:
Yes, the accused is guilty of bigamy. The Court affirmed the judgment of the trial court with modification as to the penalty.
The evidence, including the marriage certificates and testimonies of the witnesses, conclusively established that Nicolas Macleod’s first marriage to Concepcion Policarpio on November 5, 1900, was lawfully solemnized under General Orders No. 68 and was never dissolved. While this marriage was still in force and his first wife was still alive, he contracted a second marriage with Sotera Agustin on March 30, 1903. The second marriage, though entered under the alias “Nicolas Hernandez,” was likewise solemnized in accordance with law. The accused’s defense of force and intimidation was found to be improbable and incredible, especially in light of the circumstances showing the second marriage was sought by Agustin’s family to remedy her abduction. By willfully contracting a second marriage, the accused violated Article 471 of the Penal Code. No mitigating or aggravating circumstances attended the commission of the crime. The Court imposed the penalty of nine years of prision mayor.