Practice question
Before a bigamy complaint, the accused filed a nullity case alleging absence of solemnization in the first marriage. In the criminal case he relies solely on that pending suit to defer arraignment indefinitely. The prosecution disputes the alleged absence and offers marriage records. Under Natividad-Florentino, which is correct?
- Proceed with the criminal case and allow the alleged nullity to be proved and contested there
- Suspend indefinitely merely because the civil case was earlier
- Acquit immediately because the accused filed a civil petition
- Treat the civil petition as conclusive proof without evidence
- Forbid the defense because the prosecution disputes it
Legal references
- Rules of Court, Rule111 Sections4,6–7: https://lawphil.net/courts/rules/rc_110-127_crim.html
- Natividad-Florentino v Florentino, GR255335 and255636, August27,2025, MAIN opinion, nullity litigation not prejudicial to bigamy prosecution: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/70200
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