People vs Aragon

People vs. Aragon

100 Phil 1033

FACTS:

Proceso Rosima contracted marriage with Gorrea.  While his marriage with the latter subsist, he contracted a canonical marriage with Faicol.  Gorrea is staying in Cebu while Faicol is in Iloilo.  He was a traveling salesman thus, he commuted between Iloilo and Cebu.  When Gorrea died, he brought Faicol to Cebu where the latter worked as teacher-nurse.  She later on suffered injuries in her eyes caused by physical maltreatment of Rosima and was sent to Iloilo to undergo treatment.  While she was in Iloilo, Rosima contracted a third marriage with Maglasang.  CFI-Cebu found him guilty of bigamy.

ISSUE: Whether or not the third marriage is null and void.

HELD:

The action was instituted upon the complaint of the second wife whose marriage with Rosima was not renewed after the death of the first wife and before the third marriage was entered into.  Hence, the last marriage was a valid one and prosecution against Rosima for contracting marriage cannot prosper.