GR L 4980; (January, 1910) (Digest)
G.R. No. L‑4980
January 10, 1910
FACTS
– Ireneo A. San Jose contracted a canonical marriage with Lorenza de los Santos on 6 December 1903.
– While Lorenza was still alive, he contracted a civil marriage with Paz Buenaventura on 1 January 1908 in Tayabas.
– San Jose claimed he believed his first wife had died in 1905, based on a letter allegedly received in Hong Kong from her grandfather, guardian, and his own father. No such letters or testimonies were adduced; the only corroborating witness was a painter who had no personal knowledge of the alleged death.
– The Court of First Instance (Tayabas) convicted him of bigamy under Article 471 of the Penal Code and sentenced him to 8 years + 1 day of prisión mayor with accessories.
– He appealed, arguing: (1) lack of intent because he believed his first wife was dead; (2) the proper penal provision is Article 440 (public scandal), not Article 471 (illegal marriage).
ISSUE
Whether the conviction for bigamy under Article 471 of the Penal Code should be affirmed, given the appellant’s claim of good‑faith belief in his first wife’s death and his contention that Article 440, not Article 471, applies.
RULING
– The court held that Article 471 correctly applies to the case; bigamy is punished when a second marriage is contracted while the first marriage subsists and has not been lawfully dissolved.
– The appellant failed to prove, as required by General Orders No. 68, § 3, that his first wife had been absent for seven consecutive years or that a general belief existed concerning her death. No admissible evidence was presented of the alleged death notice.
– Consequently, the element of “good‑faith belief” was not established, and the conviction stands.
– The argument that Article 440 (public scandal) should apply was rejected. Historical analysis showed that the Philippine Penal Code, unlike the Spanish code of 1870, did not recognize civil marriage as a separate legal regime at the time, and therefore the conduct falls within the offense of illegal marriage (bigamy) rather than public scandal.
Disposition The judgment of the Court of First Instance is AFFIRMED. Costs are awarded to the appellee (United States).
Concurrence: Justices Torres, Mapa, Johnson, Carson, and Moreland.