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Veronico Tenebro vs The Honorable CA [ SEPARATE DISSENTING OPINION ]

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

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

SEPARATE DISSENTING OPINION

CALLEJO, SR., J.:

I vote to grant pro hac vice the petition.

The prosecution was burdened to prove beyond reasonable doubt the corpus delicti, namely, all the elements of the crime.[1] In this case, the prosecution adduced evidence that the petitioner contracted marriage with Hilda and during the subsistence of said marriage, he contracted a second marriage with the private respondent. However, the petitioner adduced in evidence the decision of the Regional Trial Court in Civil Case No. AU-885 before the court a quo rendered judgment convicting the petitioner of bigamy declaring null and void ab initio the...