FACTS:

Respondent contracted a first marriage with Maria Dulce B. Javier on October 21, 1985. Without obtaining an annulment or termination of this marriage, the respondent contracted a second marriage with petitioner Imelda Marbella-Bobis on January 25, 1996, and allegedly a third marriage with Julia Sally Hernandez. Petitioner filed a complaint-affidavit, leading to the filing of an information for bigamy against the respondent on February 25, 1998. Meanwhile, the respondent initiated a civil action to declare the absolute nullity of the first marriage on the ground of lack of a marriage license. The respondent filed a motion to suspend the criminal case for bigamy, citing the pending civil case as a prejudicial question. The trial court granted the motion to suspend, prompting the petitioner to file a motion for reconsideration, which was denied. Hence, this petition for review on certiorari. The issue to be resolved is whether the subsequent filing of a civil action for the declaration of nullity of a previous marriage constitutes a prejudicial question to a criminal case for bigamy.

ISSUES:

1. Whether the subsequent filing of a civil action for declaration of nullity of a previous marriage constitutes a prejudicial question to a criminal case for bigamy.

RULING:

1. The Supreme Court ruled that the subsequent filing of a civil action for declaration of nullity of a previous marriage does not constitute a prejudicial question to a criminal case for bigamy. The Court emphasized that according to Article 40 of the Family Code, a prior judicial declaration of nullity of a previous marriage is required before one can enter into another marriage. As such, the existence of a civil case for the declaration of nullity of the previous marriage does not suspend the criminal proceedings for bigamy.

PRINCIPLES:

1. Prejudicial Question Doctrine: A prejudicial question is one that arises in a case and the resolution of which is a logical antecedent of the issue involved therein. It must be based on a fact distinct and separate from the crime, but intimately connected with it that it determines the guilt or innocence of the accused.

2. Article 40 of the Family Code: Requires a prior judicial declaration of nullity of a previous marriage before a party may remarry.

3. Void Marriages: Even if a marriage is considered void, it still requires a judicial declaration of nullity before any party can marry again.

4. Risk of Prosecution: Parties who enter into a second marriage before obtaining a judicial declaration of nullity of the first marriage assume the risk of being prosecuted for bigamy.