Practice question
An accused challenges whether his second marriage had a duly authorized solemnizing officer and a ceremony. Evidence leaves reasonable doubt about the necessary requisites, although a marriage certificate exists. The prosecutor says the certificate and the accused's signature conclusively establish bigamy regardless of contrary evidence. Under Genio, which is correct?
- The certificate is conclusive and cannot be examined.
- The accused must be convicted to punish any inaccurate signature.
- The prosecution must prove every bigamy element beyond reasonable doubt; rebuttable documentary presumptions do not eliminate that burden.
- Any certificate automatically legalizes every ceremony.
- Failure of bigamy proof necessarily rules out every other marriage offense.
Legal references
- Revised Penal Code, Act No. 3815, specified articles, as amended: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/28/20426; Articles 348–350.
- Pulido v People, G.R. No. 220149, July 27, 2021, en banc main decision, bigamy and void marriages: https://lawphil.net/judjuris/juri2021/jul2021/gr_220149_2021.html
- Genio v People, G.R. No. 261666, January 24, 2024, main decision, marriage requisites and criminal proof: https://lawphil.net/judjuris/juri2024/jan2024/gr_261666_2024.html
- RA 10655, repeal of RPC Article 351: https://lawphil.net/statutes/repacts/ra2015/ra_10655_2015.html
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