G.R. No. L-6300, March 2, 1911
THE UNITED STATES vs. JACINTA MATA, ET AL.

FACTS

Defendants Jacinta Mata and Quiterio Sarmiento were convicted of adultery. The evidence established that Mata had undergone a marriage ceremony with the complaining witness, Marcial Tañedo Tiu Chiu, and that she subsequently had carnal relations with Sarmiento. The defense contended that the marriage between Mata and Tiu Chiu was bigamous, as Tiu Chiu allegedly had a wife in China at the time of that marriage, and therefore the relationship between Mata and Sarmiento should not constitute adultery.

ISSUE

Does the crime of adultery exist when the marriage of the accused woman is bigamous and void from the beginning, but has not been judicially declared null?

RULING

Yes. The conviction for adultery is affirmed. Under Article 433 of the Penal Code, adultery is committed by a married woman who lies with a man not her husband, and by the man who lies with her knowing she is married, “although the marriage be afterwards declared void.” The law penalizes the infidelity of a woman to her marital vows as long as the marriage has not been formally annulled by a competent court. The rationale is that the marital bond, though potentially voidable, remains legally effective for purposes of the crime of adultery until judicially severed. This is consistent with Spanish law principles that aimed to protect the family and prevent the introduction of spurious heirs, a danger that exists even in bigamous marriages since their offspring could be legitimized. The Court held that General Orders No. 68, which declared bigamous marriages illegal and void, did not impliedly repeal these penal provisions. Therefore, the defendants’ guilt stands.