Philippine Bar review · Question

Practice question: Title XII – Crimes Against the Civil Status of Persons

Multiple Choice Hard Jurisprudence

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?
  1. The certificate is conclusive and cannot be examined.
  2. The accused must be convicted to punish any inaccurate signature.
  3. The prosecution must prove every bigamy element beyond reasonable doubt; rebuttable documentary presumptions do not eliminate that burden.
  4. Any certificate automatically legalizes every ceremony.
  5. 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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