G.R. No. L-10533; November 11, 1915
THE UNITED STATES, plaintiff-appellee, vs. DIONISIO ENRIQUEZ, defendant-appellant.

FACTS:
The defendant, Dionisio Enriquez, was charged with the crime of illegal marriage (bigamy). It was established that he contracted a canonical marriage with Juliana Marcelo on July 21, 1886. Without this marriage being legally dissolved, he contracted a second canonical marriage with Joaquina Trajano on February 1, 1905. The evidence showed that the defendant left his first wife and children in Bataan in 1895. Upon his return in 1901, after the revolution, he could not find his wife despite persistent and diligent searches and received no news of her for many years. Believing in good faith that his first wife was dead, he proceeded with the second marriage. His first wife, Juliana Marcelo, reappeared only in December 1913, having been absent from 1895 to 1913 without communication.

ISSUE:
Whether the defendant is guilty of the crime of illegal marriage, considering his belief in good faith that his first wife was dead at the time he contracted the second marriage.

RULING:
The Supreme Court REVERSED the judgment of the Court of First Instance and ACQUITTED the defendant. The Court held that the crime of illegal marriage requires a fraudulent intent. The defendant’s reasonable and well-founded belief that his first wife was dead, after a diligent search and absence of news for about 19 years, negated the element of criminal intent. His statement to the priest that he was “single” was sufficiently explained and did not prove bad faith, especially since the marriage was solemnized after due publication of banns and his circumstances were known in the community. Therefore, lacking the essential element of fraud, the defendant cannot be held guilty of the crime charged. Costs de oficio.