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Case Study

Milagros de la Cruz was charged with bigamy for marrying Sergeant Gaccino while still married to her first husband. She later had her marriage to Gaccino annulled. She then filed to dismiss the bigamy charge, but the judge and prosecutor opposed, arguing the annulment decision was not controlling in the criminal case. The Supreme Court ruled that since the second marriage was annulled and declared void, it precludes a finding that Milagros committed bigamy, so the case became moot. The lower court's denial of the motion to dismiss was overturned.

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Jennifer Ando
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132 views1 page

Case Study

Milagros de la Cruz was charged with bigamy for marrying Sergeant Gaccino while still married to her first husband. She later had her marriage to Gaccino annulled. She then filed to dismiss the bigamy charge, but the judge and prosecutor opposed, arguing the annulment decision was not controlling in the criminal case. The Supreme Court ruled that since the second marriage was annulled and declared void, it precludes a finding that Milagros committed bigamy, so the case became moot. The lower court's denial of the motion to dismiss was overturned.

Uploaded by

Jennifer Ando
Copyright
© Attribution Non-Commercial (BY-NC)
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Download as DOCX, PDF, TXT or read online on Scribd
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MILAGROS DE LA CRUZ VS HON. JUDGE BIENVENIDO EJERCITO, Court of First Instance, ET AL. G.R. No.

L-40895 November 6, 1975

Facts: Milagros de la Cruz was charged with bigamy in the Court of First Instance of Pampanga for having married Sergeant Dominick L. Gaccino while her prior marriage to Teodoro G. David was undissolved. Subsequently, Milagros de la Cruz filed in the same court a complaint for the annulment of her marriage to Sergeant Gaccino on the ground of duress, which was then rendered with a favorable decision by Judge Mariano Castaeda, annulling the marriage of Milagros de la Cruz to Gaccino. In view of the annulment of her second marriage, Milagros de la Cruz filed a motion to dismiss the bigamy charge. The private prosecutor, Judge Bienvenido Ejercito, and the prosecuting fiscal both opposed the motion. Judge Ejercito denied it on the ground that the decision in the annulment case is not controlling in the criminal case because the parties and the issues in the two cases are not the same; while, the City Fiscal of Angeles the contends that the lower court acted correctly in denying the motion to dismiss the bigamy pointing that the decision in the annulment case should be set up as a defense by Milagros de la Cruz during trial and that it would not justify the outright dismissal of the criminal case. Issue: Whether or not the bigamy case became moot or untenable after the second marriage, on which the prosecution for bigamy is based, was annulled. Ruling: The second marriage contracted by Milagros de la Cruz with Sergeant Gaccino was a nullity is determinative of her innocence and precludes the rendition of a verdict that she committed bigamy. Thus, trying the criminal case in the face of such a finding would be unwarranted. Disposition: Wherefore, the lower courts order of May 27, 1975, denying the motion to dismiss of Milagros de la Cruz, is set aside. The writ of prohibition is granted. No costs.

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