Complaint Sample

Topics: Marriage, Manila, Monogamy Pages: 5 (1212 words) Published: February 14, 2015
REPUBLIC OF THE PHILIPPINES
REGIONAL TRIAL COURT
FOURTH JUDICIAL REGION
BRANCH 7, BULACAN

PEOPLE OF THE PHILIPPINES
Plaintiff.

- versus –
CRIMINAL CASE NO. 123456-08
SAMUEL SIMONFOR: BIGAMY
Accused.

x---------------------------------------------------

COMPLAINT

COMES NOW the Complainant, by the undersigned attorney, and unto this Honorable Court, respectfully avers: THE PARTIES 
1. Complainant, Ysabel Simon is of legal age, married and a resident of Santuario de San Manuel, Bulacan, Philippines; 2. Respondent, Samuel Simon is of legal age, married and a resident of Santuario de San Manuel, Bulacan, Philippines; a lawyer and managing partner and may be served with summons, writs and all orders of the Honorable Court at his office address at M, B and B Law Office, Roxas Blvd, Pasay City, Philippines; FACTS

3. In December 20, 2007, Ysabel and Samuel got married at Santuario de San Manuel, Bulacan, Philippines. Bernadette, the child of Ysabel from a previous marriage who was 10 years old at the time of their wedding stayed with them. Attached as annex is the original of the marriage certificate of Samuel and Ysabel Simon; 4. Ysabel is a sales executive and travels not only around Metro Manila but to other parts of the Philippines where they have accounts. On a business trip to Cebu last June 5, 2014, to check on their local sales agents and available stocks for one of their beauty products for their back to school sale at the different branches of Mega Department Store, Complainant met the Store Manager, Shalani Simon; 5. Due to the uniqueness of the last name of Ms. Simon, Complainant asked of her background and found that the husband of the same is also a lawyer from Tarlac. Upon further inquiry it was found that they were married to same Samuel Simon. Shalani as well stated that they were married in a civil ceremony celebrated by Judge Juan de La Cruz on June 12, 2012 and they had a one year old son thereafter. Attached as annex is the original of the marriage certificate of Samuel and Shalani Simon; 6. When Complainant returned to Manila, respondent was already in Cebu for his regular routine to visit their Cebu Office every Thursday and Friday and returns Saturday or Sunday; 7. When Samuel arrived one evening, Ysabel confronted him about his marriage to Shalani and his son. To which Samuel confirmed the alleged marriage stating that there was no valid marriage for there was no marriage license and that the said marriage was only to appease the parents of Shalani when they learned that she was pregnant;

An examination of the information filed against the accused shows the sufficiency of the allegations therein to constitute the crime of bigamy as it contained all the elements of the crime as provided for in Article 349 of the Revised Penal Code, to wit:

(1) That the offender has been legally married;
(2) That the first marriage has not been legally dissolved or, in case his or her spouse is absent, the absent spouse could not yet be presumed dead according to the Civil Code;
(3) That he contracts a second or subsequent marriage; and
(4) That the second or subsequent marriage has all the essential requisites for validity.

“Art. 349. Bigamy. — The penalty of prision mayor shall be imposed upon any person who shall contract a second or subsequent marriage before the former marriage has been legally dissolved, or before the absent spouse has been declared presumptively dead by means of a judgment rendered in the proper proceedings.”

Clearly, a person convicted of the crime of bigamy shall suffer the penalty of prision mayor or imprisonment for six years and one day to twelve years. The contention of the accused that the second marriage was not valid because there is no marriage license does not erase the fact that bigamy was committed. In the case of People of Philippines vs. Edgardo V. Odtuhan (G.R. No. 191566, July 17, 2013), the Supreme Court enunciated the...
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