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ART.

333-346: CRIMES AGAINST CHASTITY o AAA resisted and pulled up her pajamas, but Tibong pulled them down
and forced her to lie down. She tried to shout for help but he covered
Beltran v. People (Jun 20 2000 Buena) her mouth.
FACTS: o Tibong then went to insert a CD into the player so they can watch a
 Meynardo Beltran filed a petition for nullity of marriage against his wife “bold” movie. AAA took the chance to escape, grabbed her phone and
Charmaine on the ground of psychological incapacity. bag, and ran out the house. She took a taxi to the house of her elder
 Charmaine alleged that it was petitioner who left the conjugal home and lived brother BBB.
with a woman named Milagros Salting.
o Charmain filed a criminal complaint for concubinage (Art. 334) against
petitioner and his paramour.
 Petitioner contends 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 for concubinage.
 He also contends that there is a possibility that 2 conflicting decisions might
result from the 2 cases, and that it can be avoided if the criminal case will be
suspended until the court rules on the validity of his marriage.
o If the marriage is declared void, then petitioner could not be convicted
for bigamy since it will appear that he was never married.
ISSUE: W/N the civil case poses a prejudicial question to the criminal case.
HELD: NO.
 Elements of Prejudicial Question
1. the civil action involves an issue similar or intimately related to the issue
raised in the criminal action
2. the resolution of such issue determines whether or not the criminal action
may proceed
 Under Art. 40 of the FC, the only legally acceptable basis for declaring a
previous marriage an absolute nullity is a final judgment declaring such previous
marriage void, whereas, for purposes of other than remarriage, other evidence is
acceptable.
 In concubinage, the accused need not present a final judgment declaring his
marriage void for he can adduce evidence in the criminal case of the nullity of his
marriage other than proof of a final judgment declaring his marriage void.
 Assuming that the first marriage was null and void on the ground alleged by
petitioner, that fact would not be material to the outcome of the criminal case.
o So long as there is no such declaration the presumption is that the
marriage exists. He who contracts a second marriage before the judicial
declaration of nullity of the first marriage assumes the risk of being
prosecuted for bigamy.

TIbong v. People (Sept 15 2010 Carpio Morales)


FACTS:
 Jaren Tibong was convicted for attempted rape.
 AAA (18), a college student, was at Tibong’s parents’ house where she was
boarding. Her room was in the basement, adjacent to the room of TIbong and his
wife.
 Days before, Tibong’s wife left due to a misunderstanding. While sleeping, AAA
awkened as she felt someone undressing her. She saw Tibong, her first cousin,
wearing only briefs and crouching on top of her.
o She asked why he was doing that, and Tibong told her that they will
have sex and will keep it a secret.

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