TO: Mrs.

Beru
FROM: Arrianne Lizzelle G. Ponay
DATE: April 16, 2019
RE: Bigamy Case

Dear Mrs. Beru,

Thank you for choosing us as your legal counsel in this case. In this letter, I
will provide you my legal opinion of your case based on applicable laws and
jurisprudence that would aid you in your case, identify defenses and prove
your innocence over the case filed against you by your husband.

First, I will recount the facts that you have shared with our office as we know
them. Next, I will be presenting to you a discussion of arguments for and
against you. Finally, I will give you my opinion in this case and the viability
of your conviction or acquittal.

Recounting the facts you shared with us: on or before 2010, you were in a
relationship with your then-boyfriend Lando. On that same year, Lando
contracted your help to sign a marriage contract as proof to simulate marriage
and discourage Corde, whom he impregnated, from pursuing him. However,
no marriage ceremony ever took place, nor did both of you live together as
husband and wife. In 2012, you married her present husband Owen. Now, in
2018, Owen is filing a case for bigamy against you on the ground of
contracting a prior marriage with your former boyfriend, Lando. After the
filing of the bigamy complaint in court, it was only then it came to your
knowledge that Lando registered the simulated marriage contract without your
knowledge or consent.

Should Owen proceed the case against you, two defenses maybe raised. From
the articles of the Family Code, namely Art. 2 and Art. 3, it is material both
contracting parties must have the legal capacity to contract the marriage and
consent freely given in the presence of an authorized solemnizing officer
during a marriage ceremony attended by no less than two witnesses as the
contracting parties declare that they take each other as husband and wife. This
marriage has to be supported by a valid marriage license.

Based on the facts you shared with us, a marriage ceremony was nonexistent.
From that, we inferred that there was also no solemnizing officer to preside
over the ceremony and one to whom you’ll declare that you take each other
as husband and wife. Absence of those indispensable requisites renders the
marriage void. Hence, it cannot be said that you are legally married to Lando.
Further, the authenticity of the marriage contract can be assailed as it was
registered without your knowledge and consent and signed it with a different
intention other than marriage in mind.
Considering that you were not validly married to Lando, the crime charged of
bigamy against you has no bearing as it requires that you procured a
subsequent marriage after the previous one before having the latter judicially
declared as null and void. Without a previous marriage, there is no need to
apply for declaration of nullity of marriage, especially as one that did not exist,
in accordance with the ruling in Morigo v. People of the Philippines. In that
case, the absence of a marriage ceremony rendered the contracted marriage
void. Hence, there was no need to apply for judicial declaration of nullity as
it was as if no marriage took place. In your case, the absence of marriage
ceremony rendered the contract between you and Lando as non-existent.
Instead, in the eyes of the law, the marriage you contracted with Owen is the
sole marriage recognized and legally binding.

However, with the registration of the simulated marriage contract it is now

considered as a public document and enjoys the presumption of regularity of
performance in the execution and registration of the document. It can also be
inferred that you voluntary and consciously gave consent when you affixed
your signature in the marriage contract, it can even be extended to the point
that in signing the contract, you intended to be married to Lando. Moreover,
a documentary evidence prevails over your claim that it was merely simulated
and that no marriage ceremony ever took place. Further, the fact that you did
not live together as husband and wife may be set aside as the jurisprudence
laid out in Arroyo v. Arroyo provided that the spouses may not live together
as husband and wife by virtue of the personal duties to be rendered.

Moreover, the stipulation in Art. 1 of the Family Code provides that parties
are proscribed from assuming their marriages as void or binding or not. The
nature, consequences and incidents are governed by law and not subject to
stipulations of parties. Moreover, Art. 3 of the Civil Code provides that
ignorance of the law excuses no one from compliance therewith. Hence, it was
incumbent upon you to comply with the law.

Finally, you may be held liable for acting contrary to law, morals, good
customs and public policy. In simulating marriage, you have disrespected an
inviolable institution of the state, abetted Lando from running away from the
consequences of his actions and caused damage to your husband.

However, in view of all of this, your case still stands. In defense to the claims
that may be raised by the opposing side, your case was not a mistake of law
but a mistake of fact. It was in good faith that you signed the contract to help
Lando and was in good faith that you believed you lacked any legal
impediment in marrying Owen. On your part, there was a misconception of
facts, thinking the contract was solely for purposes of discouraging Corde.
This is different from mistake of law referred in Art. 3 of the Civil Code which
refers to the lack of knowledge of the law and/or its erroneous interpretation.
Further, with the mistaken appreciation of facts, you cannot be held liable for
acting contrary to law, morals, good customs and public policy as you were
not aware that that the marriage contract was registered nor were you expected
to have a suspicion or inclination of the fact. Hence, it cannot also be said you
intentionally contracted a subsequent marriage and committed bigamy.
Finally, these facts are material as offenses under penal laws of the country
may only be punished if they were motivated by deceit or fault.

In summary, your case is meritorious. You may not be held liable for bigamy
and neither were you ever married to Lando. However, to further increase the
rate of your success, we highly recommend that you prepare additional
evidences to support the fact that you never married Lando such as asking him
and Corde as your witness to supply that the contract was submitted without
your knowledge and consent thus cannot be binding and that it was only to
discourage the woman Lando impregnated from pursuing him. It is also
recommended that you assail the registered marriage contract by having it
corrected and rescinded as invalid. Finally, we highly recommend you swear
or take oath regarding facts you shared with us to afforded them with great
weigh and maybe used in your case.

Should you have any inquiries, clarifications or additional information to

supplement, please do not hesitate to reach me or our firm on the matter.
Thank you.

Your Legal Counsel,

Arrianne Lizzelle Ponay