April 15, 2019

Ms. Beru Ka
777 P.del Rosario St.
Cebu City

Re: Beru Ka v. Owen Olos – Bigamy Case; Defenses in Bigamy

Dear Ms. Beru Ka,

Several days ago, you approached our office and seek for legal services
regarding our bigamy case. Atty Oby Juan, the supervising Attorney of our law office,
has instructed me to write this opinion letter regarding your case.
By providing you with this legal opinion I hope It can be of great help in making your
decision as well as the the probability of being convicted or acquitted.

It has been put to our records that you got married in 2012 with your husband
Owen, which after 6 years filed a complaint for bigamy against you. Owen claims that
you had contracted a marriage in 2010 with a man named Lando. As you have
rightfully denied his allegations, you have admitted, however, that you entered into
a simulated marriage in 2010 with your first boyfriend Lando, but showed no intent
of marrying him since it was solely because of Lando who convinced you to sign a
marriage contract for the purpose of only showing to Conde, a woman that she
impregnated, that he was already married which would discourage her to stop
pursuing him. You have also emphasized that no marriage ceremony took place and
that you and Lando did not even live together husband and wife after signing the
simulated marriage contract and that it was only after the bigamy complaint which
was filed in court when you discovered that Lando registered the simulated marriage
contract without your knowledge and consent.

Considering these facts, I have come up with two issues. First, is whether the
simulated marriage you had with Lando, was a valid marriage in the eyes of the law.
Second, is whether you are guilty of the crime of Bigamy.

On the First issue, your marriage contract with Lando, was inexistent and void
from the start. The Family Code which governs the laws on marriage and family
relations provides for the essential and formal requisites of a valid marriage.

For the essential requirements, the law requires that there should be consent
freely given in the presence of an authorized solemnizing officer. This means that
there should be vows made in front of a priest, judge, or any other person authorized
by law to preside a marriage. Your marriage with Lando was not made in front of any
authorized officer. It was just signing privately a marriage contract.

For the formal requirements, the law requires a marriage ceremony, valid
marriage license, and the authority of the solemnizing officer. Your Marriage with
Lando is wanting all of these requisites.
 On the issue of Bigamy, such complaint by Owen will not prosper because, as
mentioned and discussed in the first issue, there was no valid and existing marriage
in the first place to speak of.

The Revised Penal Code which defines the crime of bigamy establishes 4
elements to constitute the felony. They are to wit: (1) that the offender has been
legally married; (2) that the first marriage has not been legally dissolved or, in case
his or her spouse is absent, the absent spouse could not yet be presumed dead
according to the Family Code; (3) that the offender contracts a second or subsequent
marriage; an
d (4) the second or subsequent marriage has all the essential requirements or
“elements” for validity. The prosecution must prove all these elements such that
absent one of them would lead to an acquittal. In your case, the first element is
wanting. Verily, the case should not prosper.

Equally important is the fact that we could invoke the decisions of cases that
have already been decided, since these decisions of the Supreme Court formed part
of the laws of the land. It would certainly bolster our position and stand as long as
the salient facts are analogous to our case. With that being said , we can invoke the
case of Morigo vs People where it was held no marriage exist where parties merely
signed a marriage contract without the presence of an authorized solemnizing officer
and marriage ceremony and thus acquitted the accused of the crime of bigamy.

As you can see our case has strong points both in law and in jurisprudence,
However, we cannot guarantee an acquittal as your husband Owen also has possible
considerable arguments that would merit his side.

We recommend to have the local civil registrar attest to why the registration
of the simulated marriage contract was done despite the fact of having almost all of
the essential and formal requisites wanting. Moreover, we would suggest to have
your simulated marriage contract cancelled by filing a petition to cancel your marriage
record with Lando, this is a process provided by law in order to correct the records
that you are married to Lando.

With all that being said, we hope that this letter would shed light on your legal
problems. Rest assured that we will give our full support and dedication in handling
this case.
Please do not hesitate to call for questions and clarifications

Sincerely,

Paul Mart R. Tisoy.