Criminal Law Update: Bigamy

Bigamy

For the accused to be held guilty of bigamy, the prosecution is burdened to prove the felony: (a) he/she has been legally married; and       (b) he/she contracts a subsequent marriage without the former marriage having been lawfully dissolved.  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. .( EDUARDO P. MANUEL vs. PEOPLE OF THE PHILIPPINES,  G.R. No. 165842. November 29, 2005.)

Alibi; when may be appreciated:

No jurisprudence in criminal law is more settled than that alibi is the weakest of all defenses for it is easy to contrive and difficult to disprove, and for which reason it is generally rejected.  For the defense of alibi to prosper, it is imperative that the accused establish two elements: (1) he was not at the locus delicti at the time the offense was committed; and (2) it was physically impossible for him to be at the scene at the time of its commission. People of the Philippines vs. Jose Alvizo Audine G.R. No. 168649 December 6, 2006

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