G.R. No. 206284 - Sarto y Misalucha v. People
G.R. No. 206284 - Sarto y Misalucha v. People
G.R. No. 206284 - Sarto y Misalucha v. People
People
THIRD DIVISION
[G.R. No. 206284. February 28, 2018.]
REDANTE SARTO y MISALUCHA, petitioner, vs. PEOPLE OF
THE PHILIPPINES, respondent.
DECISION
MARTIRES, J : p
THE FACTS
On 3 October 2007, Redante was charged with the crime of bigamy
for allegedly contracting two (2) marriages: the first, with Maria Socorro G.
Negrete (Maria Socorro), and the second, without having the first one
legally terminated, with private complainant Fe R. Aguila (Fe). The charge
stemmed from a criminal complaint filed by Fe against Redante on 4 June
2007. The accusatory portion of the Information reads:
That on or about December 29, 1998, in the City of Naga,
Philippines, and within the jurisdiction of this Honorable Court, the
abovenamed accused, having been previously united in lawful
marriage with one Ma. Socorro G. Negrete, as evidenced by hereto
attached Certificate of Marriage mark as Annex "A," and without
said marriage having been legally dissolved, did then and there,
willfully and feloniously contract a second marriage with FE R.
AGUILASARTO, herein complaining witness, to her damage and
prejudice.
CONTRARY TO LAW. 4
https://cdasiaonline.com/jurisprudences/64051/print 1/9
11/19/2018 G.R. No. 206284 | Sarto y Misalucha v. People
https://cdasiaonline.com/jurisprudences/64051/print 2/9
11/19/2018 G.R. No. 206284 | Sarto y Misalucha v. People
and Maria Socorro's meeting and believing that they had reconciled, Fe
decided to leave their conjugal home on 31 May 2007. 15 On 4 June 2007,
Fe filed a complaint for bigamy against Redante. 16
Meanwhile, Maria Socorro married a certain Douglas Alexander
Campbell, on 5 August 2000, in Chilliwack, British Columbia, Canada. 17
The defense presented a Certificate of Divorce 18 issued on 14
January 2008, to prove the fact of divorce.
Evidence for the Prosecution
The prosecution waived the presentation of testimonial evidence and
presented instead, the Marriage Contract 19 between Redante and Maria
Socorro, to prove the solemnization of their marriage on 31 August 1984, in
Angono, Rizal; and the Marriage Contract 20 of Redante and Fe to prove
the solemnization of Redante's second marriage on 29 December 1998, in
Naga City. The prosecution also adopted the Certificate of Divorce 21 as its
own exhibit for the purpose of proving that the same was secured only on
14 January 2008.
The RTC Ruling
In its judgment, the RTC found Redante guilty beyond reasonable
doubt of the crime of bigamy. The trial court ratiocinated that Redante's
conviction is the only reasonable conclusion for the case because of his
failure to present competent evidence proving the alleged divorce decree;
his failure to establish the naturalization of Maria Socorro; and his
admission that he did not seek judicial recognition of the alleged divorce
decree. The dispositive portion of the decision reads:
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
https://cdasiaonline.com/jurisprudences/64051/print 3/9
11/19/2018 G.R. No. 206284 | Sarto y Misalucha v. People
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. 20070400, 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
ISSUE
THE COURT'S RULING
The petition is bereft of merit.
Elements of bigamy; burden of
proving the termination of the
first marriage.
https://cdasiaonline.com/jurisprudences/64051/print 4/9
11/19/2018 G.R. No. 206284 | Sarto y Misalucha v. People
For a person to be convicted of bigamy, the following elements must
concur: (1) that the offender has been legally married; (2) that the first
marriage has not been legally dissolved or, in case of an absentee spouse,
the absent spouse could not yet be presumed dead according to the
provisions of the Civil Code; (3) that the offender contracts a second or
subsequent marriage; and (4) that the second or subsequent marriage has
all the essential requisites for validity. 26
Redante admitted that he had contracted two marriages. He,
however, put forth the defense of the termination of his first marriage as a
result of the divorce obtained abroad by his alien spouse.
It is a fundamental principle in this jurisdiction that the burden of
proof lies with the party who alleges the existence of a fact or thing
necessary in the prosecution or defense of an action. 27 Since the divorce
was a defense raised by Redante, it is incumbent upon him to show that it
was validly obtained in accordance with Maria Socorro's country's national
law. 28 Stated differently, Redante has the burden of proving the termination
of the first marriage prior to the celebration of the second. 29
Redante failed to prove his capacity
to contract a subsequent marriage.
A divorce decree obtained abroad by an alien spouse is a foreign
judgment relating to the status of a marriage. As in any other foreign
judgment, a divorce decree does not have an automatic effect in the
Philippines. Consequently, recognition by Philippine courts may be required
before the effects of a divorce decree could be extended in this jurisdiction.
30 Recognition of the divorce decree, however, need not be obtained in a
separate petition filed solely for that purpose. Philippine courts may
recognize the foreign divorce decree when such was invoked by a party as
an integral aspect of his claim or defense. 31
Before the divorce decree can be recognized by our courts, the party
pleading it must prove it as a fact and demonstrate its conformity to the
foreign law allowing it. Proving the foreign law under which the divorce was
secured is mandatory considering that Philippine courts cannot and could
not be expected to take judicial notice of foreign laws. 32 For the purpose of
establishing divorce as a fact, a copy of the divorce decree itself must be
presented and admitted in evidence. This is in consonance with the rule
that a foreign judgment may be given presumptive evidentiary value only
after it is presented and admitted in evidence. 33
In particular, to prove the divorce and the foreign law allowing it, the
party invoking them must present copies thereof and comply with Sections
24 and 25, Rule 132 of the Revised Rules of Court. 34 Pursuant to these
rules, the divorce decree and foreign law may be proven through (1) an
official publication or (2) or copies thereof attested to by the officer having
https://cdasiaonline.com/jurisprudences/64051/print 5/9
11/19/2018 G.R. No. 206284 | Sarto y Misalucha v. People
legal custody of said documents. If the office which has custody is in a
foreign country, the copies of said documents must be (a) accompanied by
a certificate issued by the proper diplomatic or consular officer in the
Philippine foreign service stationed in the foreign country in which the
record is kept; and (b) authenticated by the seal of his office. 35
Applying the foregoing, the Court is convinced that Redante failed to
prove the existence of the divorce as a fact or that it was validly obtained
prior to the celebration of his subsequent marriage to Fe.
Aside from the testimonies of Redante and Maria Socorro, the only
piece of evidence presented by the defense to prove the divorce, is the
certificate of divorce allegedly issued by the registrar of the Supreme Court
of British Columbia on 14 January 2008. Said certificate provides:
In the Supreme Court of British Columbia
Certificate of Divorce
This is to certify that Ma. Socorro Negrete SARTO and Redante M.
SARTO who were married at ANGONO, RIZAL, PHILIPPINES on
August 31, 1984 were divorced under the Divorce Act (Canada) by
an order of this Court which took effect and dissolved the marriage
on November 1, 1988.
Given under my hand and the Seal
of this Court January 14, 2008
(SGD.)
REGISTRAR
This certificate of divorce, however, is utterly insufficient to rebut the
charge against Redante. First, the certificate of divorce is not the divorce
decree required by the rules and jurisprudence. As discussed previously,
the divorce decree required to prove the fact of divorce is the judgment
itself as rendered by the foreign court and not a mere certification. Second,
assuming the certificate of divorce may be considered as the divorce
decree, it was not accompanied by a certification issued by the proper
Philippine diplomatic or consular officer stationed in Canada, as required
under Section 24 of Rule 132. Lastly, no copy of the alleged Canadian law
was presented by the defense. Thus, it could not be reasonably determined
whether the subject divorce decree was in accord with Maria Socorro's
national law.
Further, since neither the divorce decree nor the alleged Canadian
law was satisfactorily demonstrated, the type of divorce supposedly
secured by Maria Socorro — whether an absolute divorce which terminates
the marriage or a limited divorce which merely suspends it 36 — and
whether such divorce capacitated her to remarry could not also be
ascertained. As such, Redante failed to prove his defense that he had the
capacity to remarry when he contracted a subsequent marriage to Fe. His
liability for bigamy is, therefore, now beyond question.
https://cdasiaonline.com/jurisprudences/64051/print 6/9
11/19/2018 G.R. No. 206284 | Sarto y Misalucha v. People
This Court is not unmindful of the second paragraph of Article 26 of
the Family Code. Indeed, in Republic v. Orbecido, 37 a case invoked by
Redante to support his cause, the Court recognized that the legislative
intent behind the said provision is to avoid the absurd situation where the
Filipino spouse remains married to the alien spouse who, after obtaining a
divorce, is no longer married to the Filipino spouse under the laws of his or
her country. The Court is also not oblivious of the fact that Maria Socorro
had already remarried in Canada on 5 August 2000. These circumstances,
however, can never justify the reversal of Redante's conviction.
In Orbecido, as in Redante's case, the alien spouse divorced her
Filipino spouse and remarried another. The Filipino spouse then filed a
petition for authority to remarry under paragraph 2 of Article 26. His petition
was granted by the RTC. However, this Court set aside said decision by
the trial court after finding that the records were bereft of competent
evidence concerning the divorce decree and the naturalization of the alien
spouse. The Court reiterated therein the rules regarding the recognition of
the foreign divorce decree and the foreign law allowing it, as well as the
necessity to show that the divorce decree capacitated his former spouse to
remarry. 38
Finally, the Court notes that the OSG was miserably misguided when
it claimed that the sole reason for the RTC's judgment of conviction was
Redante's failure to provide evidence, during trial, of the date Maria
Socorro acquired Canadian citizenship.
An examination of the 18 May 2009 judgment would reveal that the
trial court rendered the said decision after finding that there was lack of any
competent evidence with regard to the divorce decree 39 and the national
law governing his first wife, 40 not merely because of the lack of evidence
concerning the effectivity date of Maria Socorro's naturalization. Thus, even
if the Court were to indulge the OSG and consider Maria Socorro's
citizenship certificate, which was a mere photocopy and filed belatedly, it
would not have any effect significant enough to produce a judgment of
acquittal. The fact that Redante failed to prove the existence of the divorce
and that it was validly acquired prior to the celebration of the second
marriage still subsists.
WHEREFORE, the present petition is DENIED for lack of merit. The
assailed Decision, dated 31 July 2012, of the Court of Appeals in CAG.R.
CR No. 32635 which affirmed the 18 May 2009 Judgment of the Regional
Trial Court, Branch 26, Naga City, in Criminal Case No. 20070400 is
hereby AFFIRMED. Petitioner Redante Sarto y Misalucha is found GUILTY
beyond reasonable doubt of the crime of bigamy and is sentenced to suffer
the indeterminate penalty 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.
SO ORDERED.
https://cdasiaonline.com/jurisprudences/64051/print 7/9
11/19/2018 G.R. No. 206284 | Sarto y Misalucha v. People
Velasco, Jr., Bersamin, Leonen and Gesmundo, JJ., concur.
Footnotes
1. Rollo pp. 1826. Penned by Associate Justice Victoria Isabel A.
Paredes, with Associate Justices Japar B. Dimaampao and Elihu A. Ybanez,
concurring.
2. Id. at 2930.
3. Records, pp. 151157.
4. Id. at 1.
5. Id. at 7879.
6. Id. at 80.
7. Id. at 100101.
8. Id. at 103.
9. TSN, 28 May 2008, p. 7.
10. Id. at 4.
11. Id. at 7; Records p. 36, Exh. (3).
12. Id. at 10.
13. TSN, 27 October 2008, pp. 78.
14. Id. at 3.
15. Id. at 10.
16. Records, p. 34.
17. TSN, 28 May 2008, p. 8.
18. Records, p. 36, Exhibit "3."
19. Id. at 34, Exh. "A."
20. Id. at 35, Exh. "B."
21. Id. at 36, Exh. "C."
22. Id. at 157.
23. Rollo, p. 26.
24. Id. at 34.
25. Id. at 4355.
26. Antone v. Beronilla, 652 Phil. 151, 166 (2010).
27. Garcia v. Recio, 418 Phil. 723, 735 (2001).
28. Vda. de Catalan v. CatalanLee, 681 Phil. 493, 500 (2012).
https://cdasiaonline.com/jurisprudences/64051/print 8/9
11/19/2018 G.R. No. 206284 | Sarto y Misalucha v. People
29. MarbellaBobis v. Bobis, 391 Phil. 648, 656 (2000).
30. Fujiki v. Marinay, 712 Phil. 524, 546 (2013).
31. Van Dorn v. Romillo, 223 Phil. 357363 (1985); Corpuz v. Sto. Tomas,
642 Phil. 420432433 (2010); Noveras v. Noveras, 741 Phil. 670, 682
(2014).
32. AmorCatalan v. Court of Appeals, 543 Phil. 568, 576 (2007).
33. Vda. de Catalan v. CatalanLee, supra note 28 at 499.
34. ATCI Overseas Corporation v. Echin, 647 Phil. 43, 50 (2010).
35. Vda. de Catalan v. CatalanLee, supra note 33; San Luiz v. San Luiz,
543 Phil. 275, 294 (2007).
36. Garcia v. Recio, supra note 27 at 735736.
37. 509 Phil. 108, 114 (2005).
38. Id. at 116.
39. CA rollo, p. 19.
40. Id. at 21.
https://cdasiaonline.com/jurisprudences/64051/print 9/9