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De La Cruz vs. Ejercito

MILAGROS DE LA CRUZ, petitioner, vs. HON. JUDGE BIENVENIDO EJERCITO, Court of First Instance of Pampanga and Angeles City, Branch IV; TEODORO DAVID, City Fiscal of Angeles City, and PEOPLE OF THE PHILIPPINES, thru the Office of the SOLICITOR GENERAL, resp

G.R. No. L-40895 | 1975-11-06

D E C I S I O N

AQUINO, J:

On May 20, 1974 Milagros de la Cruz was charged with bigamy in the Court of First Instance of Pampanga, Angeles City Branch IV for having married Sergeant Dominick L. Gaccino on September 15, 1973 while her prior marriage to Teodoro G. David was undissolved. The information was filed at the instance of her first husband (Criminal Case No. 3128).

On August 1, 1974 Milagros de la Cruz filed in the same court at its San Fernando Branch III a complaint for the annulment of her marriage to Sergeant Gaccino on the ground of duress (Civil Case No. 4188).

Defendant Gaccino did not answer the complaint. Judge Mariano...