3 important rules re bigamy

[1] BURDEN OF PROOF. It is a fundamental principle in this jurisdiction that the burden of proof lies with the party who alleges the existence of a fact or thing necessary in the prosecution or defense of an action; since the divorce was a defense raised by the accused, it is incumbent upon him to show that it was validly obtained in accordance with his wife’s country’s national law. (Sarto vs. People, G.R. No. 206284, Feb. 28, 2018)

[2] HOW TO COMMIT BIGAMY. The accused failed to prove his defense that he had the capacity to remarry when he contracted a subsequent marriage; his liability for bigamy is now beyond question. (Sarto vs. People, G.R. No. 206284, Feb. 28, 2018)

[3] ELEMENTS OF BIGAMY. For a person to be convicted of bigamy, the following elements must concur: (1) that the offender has been legally married; (2) that the first marriage has not been legally dissolved or, in case of an absentee spouse, the absent spouse could not yet be presumed dead according to the provisions of the Civil Code; (3) that the offender contracts a second or subsequent marriage; and (4) that the second or subsequent marriage has all the essential requisites for validity. (Sarto vs. People, G.R. No. 206284, Feb. 28, 2018)

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