Vitangcol v. People of PH

GR 207406

Facts:

            Norberto Vitangcol was convicted by the RTC Manila for Bigamy. CA affirmed and the prosecution avers that it has proven the existence of Norberto’s prior valid marriage with Gina as evidenced by the marriage contract they entered into. Prosecution also found that his [first] marriage with Gina was not legally dissolved; that while his first marriage was subsisting, he contracted second marriage with Alice, who later filed the criminal complaint for Bigamy upon discovering that he had a previous marriage with Gina. Norberto counters that the 1^st element of bigamy, that offender has been legally married, is absent. He presents the Certification of the Office of the Civil Registrar that the Office has no record of the marriage license allegedly issued in his favor and his 1^st wife Gina, hence, prosecution failed to establish legality of his 1^st marriage.

Issue: W/N certification from the Office of the Civil Registrar that it has no record of the marriage license issued to petitioner Norberto and his first wife Gina proves nullity of petitioner’s first marriage and exculpates him from the Bigamy charge.

Held:

            He is guilty of Bigamy. The prosecution was able to provide the elements on the case. While it is true that the civil registrar issued such certification, that the license now cannot be found is not basis per se to say that it could not have been issued. The parties clearly identified Marriage License No. 8683519 in the marriage contract. The marriage contract between petitioner and Gina is a positive piece of evidence as to the existence of the petitioner’s first marriage which should be given greater credence than documents testifying merely as to the absence of any record of the marriage.