Question
Based from the conversation below, is there a case of bigamy? Yes or no and explain. *Under the Philippine law Teresa Campos came to see
Based from the conversation below, is there a case of bigamy? Yes or no and explain.
*Under the Philippine law
Teresa Campos came to see Atty. Elmer Sales at his law office to consult with him. Their conversation went this way:
TERESA: Attorney, I have a serious problem.
ATTY. SALES: Before you begin, can you tell me Teresa where you live?
TERESA: Yes, Attorney, at 95 Tindalo Street, Ayala Alabang, Muntinlupa City.
ATTY. SALES: Now, tell me your problem.
TERESA: About last year, I met Roy Lopez and fell in love with him. He was a salesman
in his uncle's sewing machine company and I met him when he tried to sell us their machines. I work in my father's garments company, which manufactures the "Baro" brand of ready-to-wear clothes. Our products are well known. We have branches in several high-end malls in the Metro.
ATTY. SALES: Can you tell me the address of Roy for my record?
TERESA: Yes, he lives at 297 Dian Street, Palanan, Makati City.
ATTY. SALES: Go ahead with your story.
TERESA: Roy is really a nice person and we have been seriously thinking of getting
married. A few months ago, in January, however, Roy confessed to me that five years ago he had a relationship with Ester Salva, a former employee in his uncle's company. He never told me about Ester because when we started dating, we agreed that with us, past is past.
He also kept that relationship secret from his uncle and his family because they were seriously trying to match him with other girls they knew. Roy was especially concerned with his mother who suffered a stroke in 2004. She wanted a say on whom he would marry and Roy did not want to worry or disappoint her. But, with her idea of a wife for Roy, he knew she would never approve of Ester. Unfortunately, Ester became pregnant with his child during their affair.
ATTY. SALES: Did Roy love Ester?
TERESA: That is also the point. Roy told me that he was not sure that he did. He was young and adventurous. He said that he dated Ester until they had an affair. When she got pregnant, she wanted to marry him. But he was honest enough to tell her that they were not meant for each other and that he was afraid that it would break his Mom's heart if he did.
ATTY. SALES: How did Ester take it?
TERESA: Roy said that she was not happy about it but she accepted his decision. They had since broken up their relationship but he has consistently given support to their child whom they named Melinda.
ATTY. SALES: Did Roy register Melinda as his daughter?
TERESA: He said that it was Ester who registered their daughter, using his surname Lopez. She told Roy about the registration long afterwards.
ATTY. SALES: So what happened?
TERESA: Roy and I decided to get married and got the blessings of our parents. In fact, we have set it next month on December 17. The preparations for it have been on-going. All the suppliers have been booked and the invitations have been sent out. Then, last month, I received by mail copies of a marriage license issued by the Civil Registrar's office of Imus, Cavite, dated September 17, 2005 in favor of Roy and Ester and a certificate of marriage showing that they were married at the office of some religious pastor at the back of Manila City Hall on August 4, 2005.
ATTY. SALES: Oh, so did you show these to Roy?
TERESA: Yes, I did. He was really shocked by those documents and insisted that he never married Ester. And I believe him because the handwritten details on the marriage license application form were clearly not Roy's writing. The information about where he lived and the
names of his parents were all wrong. I had a handwriting expert examine the documents and Roy's specimen handwritings and signatures. The expert said that the writings and signatures on the documents were definitely not those of Roy.
ATTY. SALES: So what did you and Roy do?
TERESA: Roy confronted Ester about it and she confessed that in 2005 out of sheer desperation, she got the marriage license from Cavite with someone's help and paid for the marriage certificate from an office near the city hall of Manila.
ATTY. SALES: Was it Ester who sent you those documents?
TERESA: She said no but she suspects that it was her father who resented the fact that Roy would be getting married to someone else. Ester's father appeared to have said that he would file charges of bigamy against Roy if he marries me. The documents are forgeries but they are part of the official records of the Manila Civil Registry and the National Statistics Office. I am afraid for Roy and myself. Could he really be charged with bigamy if he marries me? Someone said that we cannot get married until Roy's supposed marriage with Ester has been annulled in court. But our wedding in December has been set. Can we still continue with the wedding? If ever, would it be valid? What should we do Attorney?
Step by Step Solution
There are 3 Steps involved in it
Step: 1
Get Instant Access to Expert-Tailored Solutions
See step-by-step solutions with expert insights and AI powered tools for academic success
Step: 2
Step: 3
Ace Your Homework with AI
Get the answers you need in no time with our AI-driven, step-by-step assistance
Get Started