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Veronico Tenebro vs The Honorable CA [ SEPARATE OPINION ]

VERONICO TENEBRO, petitioner, vs. THE HONORABLE COURT OF APPEALS, respondent.

G.R. No. 150758 | 2004-02-18

SEPARATE OPINION

VITUG, J.:

Veronico Tenebro has been charged with bigamy for contracting, while still being married to Hilda Villareyes, a second marriage with private complainant Leticia Ancajas. Tenebro argues that since his second marriage with Ancajas has ultimately been declared void ab initio on the ground of the latter's psychological incapacity, he should be acquitted for the crime of bigamy.

The offense of bigamy is committed when one contracts "a second or subsequent marriage before the former marriage has been legally dissolved, or before the absent spouse has been declared presumptively dead by means of a judgment rendered in...