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JurisprudenceG.R. No. 257783 -

G.R. No. 257783 - ARNALDO PUNZAL Y DARIA, VS. PEOPLE OF THE PHILIPPINES.

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TL;DR — Ruling

WHEREFORE, in view of the foregoing, the Court hereby finds accused Arnaldo Punzal y Daria GUILTY beyond reasonable doubt of the crime of BIGAMY defined and penalized under Article 349 of the Revised Penal Code. Accused is hereby sentenced to suffer an indeterminate penalty of two (2) years and four (4) months of prision correccional , as minimum, to eight (8) years and one (1) day of prision mayor , as maximum. SO ORDERED .

Decision

Ruling

WHEREFORE, in view of the foregoing, the Court hereby finds accused Arnaldo Punzal y Daria GUILTY beyond reasonable doubt of the crime of BIGAMY defined and penalized under Article 349 of the Revised Penal Code. Accused is hereby sentenced to suffer an indeterminate penalty of two (2) years and four (4) months of prision correccional , as minimum, to eight (8) years and one (1) day of prision mayor , as maximum. SO ORDERED . [8] (Emphasis in the original) The RTC held that the crime of bigamy was consummated from the time Arnaldo contracted the second marriage. The marriage certificates presented by the prosecution remained uncontroverted, as no contrary evidence was presented by the accused. Arnaldo's contention regarding the lack of a marriage license in the first marriage was found untenable. Even assuming such defect existed, the matter should have first been brought before a competent court for a judicial declaration of nullity. [9] Arnaldo filed a Notice of Appeal. [10] Ruling of the CA The CA denied Arnaldo's appeal, as follows: FOR THESE REASONS , the instant appeal is DENIED for lack of merit. The assailed Judgment dated 11 January 2019 rendered by Regional Trial Court, Malolos City, Bulacan, Branch 79 in Criminal Case No. 2302-M-2007 is AFFIRMED in toto . SO ORDERED.