G.R. No. L-8381; August 14, 1913
THE UNITED STATES, plaintiff-appellee, vs. MACARIO BIASBAS, defendant-appellant.

FACTS

The defendant, Macario Biasbas, was charged with the crime of bigamy. He was legally married to Juliana Rodriguez on May 14, 1904. They separated around October or November 1904. About six months after the marriage, the defendant left for Benguet and later worked in Manila. On November 4, 1911, he contracted a second marriage with Agustina Ramos in Batangas. The first marriage had not been annulled or dissolved. At the trial, the first wife, Juliana Rodriguez, appeared as a witness. The defendant claimed he believed his first wife was dead, having made inquiries about her whereabouts but failing to locate her. The trial court found him guilty and sentenced him to imprisonment.

ISSUE

Whether the defendant is exempt from criminal liability for bigamy under the exceptions provided in Section 3 of General Orders No. 68, specifically on the ground that his former wife was absent and not known to be living for seven successive years immediately preceding the subsequent marriage, or was generally reputed and believed by him to be dead at the time of the second marriage.

RULING

No, the defendant is not exempt. The Supreme Court affirmed the conviction. The Court held that the defendant did not exercise due diligence to ascertain the whereabouts of his first wife. He failed to inquire from her parents in Pampanga. Furthermore, even counting from the last known whereabouts of the first wife (December 1904 or January 1905) to the date of the second marriage (November 4, 1911), the period of absence was less than seven successive years immediately preceding the subsequent marriage as required by law. The evidence showed the first wife was alive and residing in Manila, and the defendant’s belief in her death was not in good faith based on a proper investigation. Therefore, the elements for the exemption were not met, and the defendant was guilty of bigamy.