G.R. No. 206284 - REDANTE SARTO Y MISALUCHA, V. PEOPLE OF THE PHILIPPINES.

Ruling

WHEREFORE, finding the accused Redante Sarto y Misalucha guilty beyond reasonable doubt for the crime of Bigamy punishable under Article 349 of the Revised Penal Code, and after applying the Indeterminate Sentence Law, this Court hereby sentenced him an imprisonment of two (2) years, four (4) months and one (1) day of prision correccional , as minimum, to eight (8) years and one (1) day of prision mayor , as maximum. [22] Aggrieved, Redante appealed before the CA. The CA Ruling In its assailed decision, the CA affirmed the RTC's Judgment. The appellate court ratiocinated that assuming the authenticity and due execution of the Certificate of Divorce, since the order of divorce or the divorce decree was not presented, it could not ascertain whether said divorce capacitated Maria Socorro, and consequently Redante, to remarry. It continued that Redante failed to present evidence that he had filed and had secured a judicial declaration that his first marriage had been dissolved in accordance with Philippine laws prior to the celebration of his subsequent marriage to Fe. The dispositive portion of the assailed decision provides: WHEREFORE, the Judgment of the Regional Trial Court convicting appellant Redante Sarto y Misalucha of Bigamy in Criminal Case No. 2007-0400, is AFFIRMED. [23] Redante moved for reconsideration, but the same was denied by the CA in its 6 March 2013 resolution. Hence, the present petition. On 26 June 2013, the Court issued a Resolution [24] requiring the respondent Republic of the Philippines to file its comment. The OSG's Manifestation In compliance with this Court's resolution, the respondent, through the Office of the Solicitor General ( OSG ), filed its Manifestation (in lieu of Comment) [25] advocating Redante's acquittal. The OSG argued that the RTC had convicted Redante solely because of his failure to provide evidence concerning the date when Maria Socorro acquired Canadian citizenship. It observed that Maria Socorro failed to provide the exact date when she acquired Canadian citizenship because of the loss of her citizenship certificate at the time she took the witness stand. The OSG claimed, however, that Redante was able to submit, although belatedly, a photocopy of Maria Socorro's Canadian citizenship certificate as an attachment to his appellant's brief. The said certificate stated that Maria Socorro was already a Canadian citizen as early as 1 April 1988; hence, the divorce decree which took effect on 1 November 1988 is valid. The OSG further averred that substantial rights must prevail over the application of procedural rules. ISSUE WHETHER THE TRIAL AND APPELLATE COURTS ERRED WHEN THEY FOUND PETITIONER REDANTE SARTO y MISALUCHA GUILTY BEYOND REASONABLE DOUBT OF BIGAMY. THE COURT'S RULING The petition is bereft of merit. Elements of bigamy; burden of proving the termination of the first marriage. For a person to be convicted of bigamy, the following elements must concur: (1) that the offender has been legally marri