Supreme Court upholds bigamy raps vs Nueva Vizcaya mayor

MANILA, Philippines - The Supreme Court (SC) has junked a petition filed by a town mayor in Nueva Vizcaya questioning the finding of probable cause by the Office of the Ombudsman in a bigamy case against him.

In a resolution, the SC said the claim of Bagabag Mayor Nestor Sevillena that Ombudsman Merceditas Gutierrez erred in filing a criminal case against him was bereft of merit.

Sevillena, in a petition for certiorari, brought the issue before the SC alleging that the Ombudsman committed grave abuse of discretion when it failed to dismiss the bigamy complaint against him since those who filed the charges were not even the offended parties.

Records show that complainants Dionisio Velasco and Antonio Nival accused Sevillena of marrying two different women in January 1984 and December 2000.

Sevillena said his second marriage was void because no ceremony was held and that the annulment of the first marriage was being sought.

The SC, however, rejected the mayor’s arguments, saying that bigamy “is a crime against the state and may be filed by any person who has knowledge of its commission,” like how Velasco and Nival did when they presented two marriage certificates to back their complaint.

“These are public documents whose content may be reasonably relied upon and whose authenticity was not assailed. They also constitute sufficient proof for a finding of probable cause,” the SC said.

Even if one is already seeking annulment of a first marriage, the SC said “nullity of marriage cannot be presumed before the court declares it void.”

“Without a final judicial declaration that the first marriage was void, the petitioner (Sevillena) could be charged with and convicted of bigamy,” the SC said.

“The crime of bigamy is committed the moment a second marriage is contracted without the judicial declaration of the nullity of a first marriage,” it added.

In June 2010, the Ombudsman ordered the filing of bigamy charges against Sevillena before the Quezon City regional trial court which is now hearing the case.

Sevillena is accused of marrying one Amy Nadugo on Jan. 30, 1984 and a certain Amida Afan on Dec. 26, 2000.