1954 People - v. - Aragon20210424 12 1apveu3

EN BANC

[G.R. No. L-5930. February 17, 1954.]

THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. ABELO

ARAGON, defendant-appellant.
Amadeo D. Seno for appellant.

Assistant Solicitor General Francisco Carreon and Solicitor Ramon L.
Avanceña for appellee.
SYLLABUS
1. BIGAMY; NULLITY OF SECOND MARRIAGE, NO DEFENSE IN THE

BIGAMY CASE. — A second marriage contracted by a man while the first
marriage is not yet dissolved is illegal and void (Act 3613, section 29). Its
nullity, however, is no defense to a criminal action for bigamy filed against
him.
2. ID.; CIVIL ACTION FOR ANNULMENT OF SECOND MARRIAGE, NOT
A DEFENSE IN THE BIGAMY CASE. — The filing, while the bigamy case is
pending, of a civil action by the woman in the second marriage for its
annulment by reason of force and intimidation upon her by the man, is not a
bar or defense to the criminal action. The civil action does not decide that he
entered the marriage against his will and consent, because the complaint
therein does not allege that he was the victim of force and intimidation in
the second marriage. It was he who used the force or intimidation and he
may not use his own malfeasance to defeat the action based on his criminal
act.
3. CRIMINAL PROCEDURE; PREJUDICIAL QUESTION, EXPLAINED. — A
decision in such civil action is not essential before the criminal charge can be
determined. It is, therefore, not a prejudicial question. Prejudicial question
has been defined to be that which arises in a case the resolution of which
(question) is a logical antecedent of the issue involved in said case, and the
cognizance of which pertains to another tribunal (10 Enciclopedia Juridica
Española, p. 228). The prejudicial question must be determinative of the
case before the court; this is its first element. Jurisdiction to try said question
must be lodged in another tribunal; this is the second element. In an action
for bigamy, for example, if the accused claims that the first marriage is null
and void, and the right to decide such validity is vested in another tribunal,
the civil action for nullity must first be decided before the action for bigamy
can proceed; hence, the validity of the first marriage is a prejudicial
question.
4. PLEADING AND PRACTICE; APPEALS; APPEALABLE ORDERS OR
JUDGMENTS; INTERLOCUTORY ORDERS, NOT APPEALABLE. — An order
denying a motion to dismiss is not a final judgment or order, and is therefore
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not appealable (Rule 118, sections 1 and 2).
DECISION
LABRADOR, J : p
The defendant in the above-entitled case is charged in the Court of

First Instance of Cebu with the crime of bigamy, for having contracted a
second marriage with one Efigenia C. Palomer on September 21, 1947, while
his previous valid marriage with Martina Godinez was still subsisting and had
not been dissolved. The information is dated May 22, 1951. On October 11,
1951, while the case was pending trial, Efigenia C. Palomer filed a civil action
in the same Court of First Instance of Cebu against the defendant-appellant,
alleging that the latter "by means of force, threats and intimidation of bodily
harm, forced plaintiff to marry him", and praying that their marriage on
September 21, 1947 be annulled (Annex A). Thereupon and on April 30,
1952, defendant-appellant filed a motion in the criminal case for bigamy,
praying that the criminal charge be provisionally dismissed, on the ground
that the civil action for annulment of the second marriage is a prejudicial
question. The court denied this motion on the ground that the validity of the
second marriage may be determined in the very criminal action for bigamy.
Against this order this appeal has been presented to this court.
It is contended that as the marriage between the defendant- appellant
and Efigenia C. Palomer is merely a voidable marriage, and not an absolutely
void marriage, it can not be attacked in the criminal action and, therefore, it
may not be considered therein; consequently, that the civil action to annul
the second marriage should first be decided and the criminal action,
dismissed. It is not necessary to pass upon this question because we believe
that the order of denial must be sustained on another ground.
Prejudicial question has been defined to be that which arises in a case,
the resolution of which (question) is a logical antecedent of the issue
involved in said case, and the cognizance of which pertains to another
tribunal (Cuestión prejudicial, es la que surge en un pleito o causa, cuya
resolución sea antecedente logico de la cuestión objeto del pleito o causa y
cuyo conocimiento corresponda a los Tribunales de otro orden o jurisdicción
— X Enciclopedia Juridica Española, p. 228). The prejudicial question must be
determinative of the case before the court; this is its first element.
Jurisdiction to try said question must be lodged in another tribunal; this is the
second element. In an action for bigamy, for example, if the accused claims
that the first marriage is null and void and the right to decide such validity is
vested in another tribunal, the civil action for nullity must first be decided
before the action for bigamy can proceed; hence, the validity of the first
marriage is a prejudicial question.
There is no question that if the allegations of the complaint on time the
marriage contracted by defendant-appellant with Efigenia C. Palomer is
illegal and void (Sec. 29, Act 3613 otherwise known as the Marriage Law). Its
nullity, however, is no defense to the criminal action for bigamy filed against
him. The supposed use of force and intimidation against the woman,
Palomer, even if it were true, is not a bar or defense to said action. Palomer,
were she the one charged with bigamy, could perhaps raise said force or
intimidation as a defense, because she may not be considered as having
freely and voluntarily committed the act if she was forced to the marriage by
intimidation. But not the other party, who used the force or intimidation. The
latter may not use his own malfeasance to defeat the action based on his
criminal act.
It follows that the pendency of the civil action for the annulment of the
marriage filed by Efigenia C. Palomer, is absolutely immaterial to the
criminal action filed against defendant-appellant. This civil action does not
decide that defendant-appellant did not enter the marriage against his will
and consent, because the complaint does not allege that he was the victim
of force and intimidation in the second marriage; it does not determine the
existence of any of the elements of the charge of bigamy. A decision thereon
is not essential to the determination of the criminal charge. It is, therefore,
not a prejudicial question.
There is another reason for dismissing the appeal. The order appealed
from is one denying a motion to dismiss and is not a final judgment. It is,
therefore, not appealable (Rule 118, secs. 1 and 2).
The order appealed from is hereby affirmed, with costs against
defendant-appellant. So ordered.
Paras, C. J., Pablo, Bengzon, Padilla, Montemayor, Reyes, Jugo and
Bautista Angelo, JJ., concur.

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EN BANC

[G.R. No. L-5930. February 17, 1954.]

THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. ABELO

Amadeo D. Seno for appellant.

1. BIGAMY; NULLITY OF SECOND MARRIAGE, NO DEFENSE IN THE

The defendant in the above-entitled case is charged in the Court of

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