52
People vs. Aragon
100 Phil 1033
Facts:
On September 28, 1925, the
accused, Proceso Rosima, contracted marriage with a certain Maria Gorrea in the
Philippine Independent Church in Cebu. While his marriage with Maria Gorrea was
subsisting, the accused under the name of Proceso Aragon, contracted a
canonical marriage with Maria Faicol on August 27, 1934, in the Santa Teresita
Church in Iloilo City.
The first wife of Proceso
Rosima/Aragon, Maria Gorrea died in Cebu City on August 5, 1939. After Maria Gorrea's death, and seeing that
the coast was dear in Cebu, the accused brought Maria Faicol to Cebu City in
1940. During Maria Faicol’s absence, the
accused contracted a third marriage with a certain Jesusa C. Maglasang on
October 3, 1953, in Sibonga, Cebu.
.
Issue:
Whether or not the marriage of
Proceso Aragon and Maria Faicol is valid
Held:
No.-
Ratio:
A subsequent marriage
contracted by any person during the lifetime of his first spouse is illegal and
void from its performance, and no judicial decree is necessary to establish its
invalidity, as distinguished from mere annullable marriages.
Submitted by:
G-one T. Paisones
Submitted to:
Atty. Cisco Franz S. Maclang
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