In bigamy, 2ND marriage MUST be 'complete'
"Complete" here means that all the essential requirements are present. In other words, if one or more essential requisites are not present in the second marriage, there is no bigamy.
It is essential in the prosecution for bigamy that the alleged second marriage, having all the essential requirements, would be valid were it not for the subsistence of the first marriage. xxx. It does not matter whether the first marriage is void or voidable because such marriages have juridical effects until lawfully dissolved by a court of competent jurisdiction.
The elements of the crime of bigamy are: (a) the offender has been legally married; (b) the marriage has not been legally dissolved x x x; (c) that he contracts a second or subsequent marriage; and (d) the second or subsequent marriage has all the essential requisites for validity. The felony is consummated on the celebration of the second marriage or subsequent marriage. It is essential in the prosecution for bigamy that the alleged second marriage, having all the essential requirements, would be valid were it not for the subsistence of the first marriage.
For the second spouse to be indicted as a co-accused in the crime, People v. Nepomuceno, Jr. instructs that she should have had knowledge of the previous subsisting marriage. People v. Archilla likewise states that the knowledge of the second wife of the fact of her spouse's existing prior marriage constitutes an indispensable cooperation in the commission of bigamy, which makes her responsible as an accomplice. (G.R. No. 200233)
It is essential in the prosecution for bigamy that the alleged second marriage, having all the essential requirements, would be valid were it not for the subsistence of the first marriage. xxx. It does not matter whether the first marriage is void or voidable because such marriages have juridical effects until lawfully dissolved by a court of competent jurisdiction.
The elements of the crime of bigamy are: (a) the offender has been legally married; (b) the marriage has not been legally dissolved x x x; (c) that he contracts a second or subsequent marriage; and (d) the second or subsequent marriage has all the essential requisites for validity. The felony is consummated on the celebration of the second marriage or subsequent marriage. It is essential in the prosecution for bigamy that the alleged second marriage, having all the essential requirements, would be valid were it not for the subsistence of the first marriage.
For the second spouse to be indicted as a co-accused in the crime, People v. Nepomuceno, Jr. instructs that she should have had knowledge of the previous subsisting marriage. People v. Archilla likewise states that the knowledge of the second wife of the fact of her spouse's existing prior marriage constitutes an indispensable cooperation in the commission of bigamy, which makes her responsible as an accomplice. (G.R. No. 200233)
