Case History of de Vera vs. de Vera - A Bigamy Case
Jurisdiction
DE VERA v. DE VERA G.R. No. 172832 April 7, 2009
Facts:
Petitioner, Rosario T. de Vera, filed a bigamy case against her spouse Geren A. de Vera and Josephine F. Juliano after allegedly contracting a second marriage with the latter, which likewise has previous knowledge that accused he is still validly married to petitioner. Accused Geren pleaded guilty on arraignment but prayed on a latter motion that he be allowed to withdraw it in order to avail of the mitigating circumstance of voluntary surrender. Said motion was opposed by petitioner arguing that it shouldn’t be entertained for the case is already for promulgation and that not all the elements of voluntary surrender is present. The RTC granted the motion and held the accused guilty of bigamy but likewise appreciated the mitigating circumstances of voluntary surrender and plea of guilty in the determination of the penalty to be imposed. Petitioner moved for the partial reconsideration of the case which was denied. In 2005, Geren applied for probation which was favorably acted upon and referred to the probation office of San Juan. Petitioner filed a special civil action in the appellate court which affirmed the decision of the RTC and ruled that all the mitigating circumstance of voluntary surrender were present.
ISSUE:
Whether the court committed grave abuse of discretion amounting to lack of jurisdiction when it appreciated the mitigating circumstance of voluntary surrender of the accused
DOCTRINE:
The mere filing of an information and/or the issuance of a warrant of arrest will not automatically make the surrender "involuntary.
RATIONALE:
As distinguished from the earlier cases, upon learning that the court had finally determined the presence of probable cause and even before the issuance and implementation of the warrant of arrest, Geren already gave himself up, acknowledging his culpability. This was bolstered by his eventual plea of guilt during the arraignment. Thus, the trial
DE VERA v. DE VERA G.R. No. 172832 April 7, 2009
Facts:
Petitioner, Rosario T. de Vera, filed a bigamy case against her spouse Geren A. de Vera and Josephine F. Juliano after allegedly contracting a second marriage with the latter, which likewise has previous knowledge that accused he is still validly married to petitioner. Accused Geren pleaded guilty on arraignment but prayed on a latter motion that he be allowed to withdraw it in order to avail of the mitigating circumstance of voluntary surrender. Said motion was opposed by petitioner arguing that it shouldn’t be entertained for the case is already for promulgation and that not all the elements of voluntary surrender is present. The RTC granted the motion and held the accused guilty of bigamy but likewise appreciated the mitigating circumstances of voluntary surrender and plea of guilty in the determination of the penalty to be imposed. Petitioner moved for the partial reconsideration of the case which was denied. In 2005, Geren applied for probation which was favorably acted upon and referred to the probation office of San Juan. Petitioner filed a special civil action in the appellate court which affirmed the decision of the RTC and ruled that all the mitigating circumstance of voluntary surrender were present.
ISSUE:
Whether the court committed grave abuse of discretion amounting to lack of jurisdiction when it appreciated the mitigating circumstance of voluntary surrender of the accused
DOCTRINE:
The mere filing of an information and/or the issuance of a warrant of arrest will not automatically make the surrender "involuntary.
RATIONALE:
As distinguished from the earlier cases, upon learning that the court had finally determined the presence of probable cause and even before the issuance and implementation of the warrant of arrest, Geren already gave himself up, acknowledging his culpability. This was bolstered by his eventual plea of guilt during the arraignment. Thus, the trial