Tuesday, January 24, 2012

Bigamy

Settled is the rule that criminal culpability attaches to the offender upon the commission of the offense, and from that instant, liability appends to him until extinguished as provided by law, and that the time of filing of the criminal complaint (or Information, in proper cases) is material only for determining prescription. The crime of bigamy was committed by petitioner on 10 December 2001 when he contracted a second marriage with Edita. The finality on 27 June 2006 of the judicial declaration of the nullity of his previous marriage to Thelma cannot be made to retroact to the date of the bigamous marriage (Cenon R. Teves Vs. People of the Philippines and Danilo R. Bongalon, G.R. No. 188775. August 24, 2011).

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