Case Title: Beltran vs.

People of the Philippines

Case Topic: Void Marriage Marriages Contracted without procuring judicial declaration
of nullity of previous marriage
Related Provision: Article 40 of the Family Code The absolute nullity of a previous marriage
maybe invoked for purposes of remarriage on the basis solely of a final
judgment declaring such marriage void.

Facts:
After twenty-four years of marriage and four children, Beltran the petitioner filed a petition for
nullity of marriage on the ground of psychological incapacity in a Regional Trial Court in Quezon
City against his wife Charmaine Felix. But the wife alleged that it was the petitioner abandoned the
conjugal home and live with a certain woman named Milagros Salting. Subsequently the petitioners
wife filed a criminal case of concubinage against the petitioner in Makati City Prosecutors Office.
The petitioner filed a petition with prayer to suspend the criminal case of concubinage filed against
him by his wife and argued that the pendency of the civil case for declaration of nullity of his
marriage posed a prejudicial question to the determination of the criminal case.
Issue:
WON a final judgment for nullity of marriage is required in order for a criminal case of concubinage
filed against Beltran may prosper?
Ruling:
No, even a subsequent pronouncement that the marriage is void from the beginning is not a valid
defense in a criminal case. Final judgment of nullity of marriage is not a requisite in order for a
criminal case to prosper for the petitioner can bring forward evidence in the criminal case alone to
prove the nullity of his marriage.

Thus, in the case at bar it must also be held that parties to the marriage should not be permitted to
judge for themselves its nullity, for the same must be submitted to judgment of the competent
courts and only when the nullity of the marriage is so declared can it be held as void, and so long as
there is no such declaration the presumption is that the marriage exists for all intents and purposes.
Therefore, he who cohabits with a woman not his wife before the judicial declaration of nullity of
the marriage assumes the risk of being prosecuted for concubinage.