Sunday, March 1, 2020

People vs. Aragon 100 Phil 1033 Case Digest


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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