phBar.org (Bar Exams Forum-Philippines)

6. Hubert and Eunice were married in the Philippines. Hubert took
graduate studies in New York and met his former girlfriend Eula. They renewed their friendship and finally decided to get married. The first wife, Eunice, heard about the marriage and secured a copy of the marriage contract in New York. Eunice filed a case of bigamy against Hubert in the Philippines.
a) Will the case prosper? Explain. (4%)
b) If Eunice gave her consent to the second marriage, what will
your answer be? Explain. (3%)

I am sure, yung mga member dito nakasagot nito ng tama...nadiscuss na ito dito...Mabuhay ang PH Bar..

a. It will not prosper. Territoriality principle.
b. same with a.

Just in case you're looking for the pre-bar post where this question was discussed, click here. Thanks for noting that, law-man. Thanks to Vexare for raising the question.

Correct lawman! Thank u atty fred and the rest of the guys

My two cents of Alternative Answer

Assuming the marriage of Hubert and Eula was celebrated in the Philippine consulate in New York, the case of bigamy will prosper because all the elements of the crime are present and the crime was committed in a diplomatic mission where, under international law, enjoys an extraterritorial status to which Philippine courts extend its jurisdiction.

1994 Bar Question po ito. Territoriality Principle ata ang suggested answer ng UP. They said that the crime of Bigamy was committed outside the territorial jurisdiction of the Phil. therefore cannot be prosecuted here. Additionally, such a crime does not fall within the exception provided under Art. 2.(Extra-territorial Jusidiction)

hi. my usual questions.

are cases of infidelity to a spouse when committed abroad definitely immune from suit?

with a US marriage contract as evidence, can a spouse file for any other offense? adultery or concubinage perhaps, if bigamy won't prosper? does the offended spouse not have any rights for redress?

is it enough to sustain legal sep, with the offending spouse as the "guilty party?" thereby, could there be criminality?

may one maintain an extramarital affair, even a marriage, in HK, even when previously and still married in the Phils, and be immune from suit by the offended spouse in the Phils?

also like the one who asked, what if the prior marriage was in HK. can there be valid marriage in the Phils?

can anyone discuss? thanks! (sensya na sa haba..)

The clarifications sought by Pangatlaw are all valid. I myself cannot believe that the offended spouse would have no avenues for redress just by the fact that the offense is committed outside the Philippines and thereby stayed by the Principle of Territoriality

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this number really lingered on my mind until now.

i think if the examinee argued the territoriality principle, he will be given full credit just as those who argued otherwise.

my answer was

it will prosper. bigamy is a crime of subsequent marriage without the first validly annulled or judicially declared presumptively dead in the proper proceedings.

there must be a subsisting valid first marriage first in order for even bigamy to be considered. Marriage of a couple in the Philippines is valid and subsisting around the world.

As held in pp vs. nepomuceno 64 scra 518, the crime of bigamy can be committed by one person who contracts a subsequent marriage while the former marriage is valid and subsisting.

In the case at hand, Hubert is already married to Eunice. Whether he contracted another marriage outside the Philippines is of no concern. What's important is he has a valid marriage in the Philippines first before he contracted marriage again.

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to be a bit persuasive... i urge you to open up a bit...

if A and B was married in the US first.. then A married C in the Philippines, there is no bigamy since our law mandates the territoriality principle. Criminal is defined by the State. It is clear that the first marriage first be in the philippines.

Therefore,

if A and B was married in the philippines, and A ,married C in the US, bigamy sets in.

sorry ha. tingin ko napaghahalo yung criminal law at civil law nung iba. criminal law question kaya ganun din dapat atake. while the injured spouse has civil relief under civil laws, di pa rin natin sya pwedeng ipakulong unless the territoriality or extraterritoriality principles in CRIMINAL law is present.


agree ako sa sagot ni jongwu at ni manresa.