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Tenebro vs. Court of Appeals

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

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

Republic of the Philippines
SUPREME COURT
Manila
 
EN BANC
 
D E C I S I O N
 
YNARES-SANTIAGO, J.:
 
We are called on to decide the novel issue concerning the effect of the judicial declaration of the nullity of a second or subsequent marriage, on the ground of psychological incapacity, on an individual’s criminal liability for bigamy. We hold that the subsequent judicial declaration of nullity of marriage on the ground of psychological incapacity does not retroact to the date of the celebration of the marriage insofar as the Philippines’ penal laws are concerned. As such, an individual who contracts a second or...