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Montanez v. Cipriano: Bigamy Case Analysis

Montanez v. Cipriano involved a case where the respondent was charged with bigamy. The respondent had married Socrates Flores in 1976 and then married Silverio Cipriano in 1983 while still married to Socrates. In 2001, the respondent filed for annulment of her marriage to Socrates, which was granted in 2003. However, in 2004 she was charged with bigamy for her 1983 marriage to Silverio. The Supreme Court ruled that the declaration of nullity of her first marriage in 2003 did not justify dismissing the bigamy charge, as the crime of bigamy was already committed in 1983 when she married Silverio while still married to Socrates.

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31 views1 page

Montanez v. Cipriano: Bigamy Case Analysis

Montanez v. Cipriano involved a case where the respondent was charged with bigamy. The respondent had married Socrates Flores in 1976 and then married Silverio Cipriano in 1983 while still married to Socrates. In 2001, the respondent filed for annulment of her marriage to Socrates, which was granted in 2003. However, in 2004 she was charged with bigamy for her 1983 marriage to Silverio. The Supreme Court ruled that the declaration of nullity of her first marriage in 2003 did not justify dismissing the bigamy charge, as the crime of bigamy was already committed in 1983 when she married Silverio while still married to Socrates.

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181089,
October22,2012
FACTS: On April 8, 1976, respondent married Socrates Flores. On January
24, 1983, during the subsistence of the said marriage, respondent married
Silverio V. Cipriano. In 2001, respondent filed with the RTC of Muntinlupa a
Petition for the Annulment of her marriage with Socrates on the ground of
the latters psychological incapacity as defined under Article 36 of the
Family Code. On July 18, 2003, the RTC of Muntinlupa, declared the
marriage of respondent with Socrates null and void. Said decision became
final and executory on October 13, 2003. On May 14, 2004, petitioner
Merlinda Cipriano Montaez, Silverios daughter from the first marriage,
filed with the MTC of San Pedro, Laguna, a Complaint for Bigamy against
respondent. Lourdes Cipriano alleged that her first marriage was already
declared void ab initio in 2003. Thus, there was no more marriage to speak
of prior to her marriage to Silverio on January 24, 1983. The prosecution
argued that the crime of bigamy had already been consummated when
respondent filed her petition for declaration of nullity. RTC ruled in favor of
respondent on the ground that both wedding were governed by the Civil
Code, and not the Family Code, hence, no judicial declaration of absolute
nullity as a condition precedent to contracting a subsequent marriage.
ISSUE: Whether the declaration of nullity of respondent's first marriage in
2003 justifies the dismissal of the Information for bigamy filed against her.

HELD: NO. The retroactive application of procedural laws is not violative of


any right of a person who may feel that he is adversely affected. The
reason is that as a general rule, no vested right may attach to, nor arise
from, procedural laws. In the case at bar, the respondents clear intent was
to obtain judicial declaration of nullity to escape from the bigamy charges
against her.

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