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TENEBRO VS CA

(G.R. No. 93410 May 7, 1991)

FORCIBLE ABDUCTION WITH RAPE


HELD
FACTS
YES.
1. Veronico Tenebro contracted marriage with Leticia Ancajas
in 1990. The two lived together continuously and without The prosecution was able to establish the validity of the first
interruption until the later part of 1991, when Tenebro informed marriage. As a second or subsequent marriage contracted
Ancajas that he had been previously married to a certain Hilda during the subsistence of petitioners valid marriage to
Villareyes in 1986. Villareyes, petitioners marriage to Ancajas would be null and
void ab initio completely regardless of petitioners
2. Petitioner thereafter left the conjugal dwelling which he psychological capacity or incapacity. Since a marriage
shared with Ancajas, stating that he was going to cohabit with contracted during the subsistence of a valid marriage is
Villareyes. In 1993, petitioner contracted yet another marriage automatically void, the nullity of this second marriage is not
with a certain Nilda Villegas. Ancajas thereafter filed a per se an argument for the avoidance of criminal liability for
complaint for bigamy against petitioner. bigamy. Pertinently, Article 349 of the Revised Penal Code
criminalizes any person who shall contract a second or
3. Villegas countered that his marriage with Villareyes cannot subsequent marriage before the former marriage has been
be proven as a fact there being no record of such. He further legally dissolved, or before the absent spouse has been declared
argued that his second marriage, with Ancajas, has been presumptively dead by means of a judgment rendered in the
declared void ab initio due to psychological incapacity. Hence proper proceedings. A plain reading of the law, therefore,
he cannot be charged for bigamy. would indicate that the provision penalizes the mere act of
contracting a second or a subsequent marriage during the
subsistence of a valid marriage.of forcible abduction is
ISSUE absorbed in the crime of rape if the main purpose of the
accused is to rape the victim.
WON Tenebro is guilty of bigamy