A and B got married without the benefit of a license. During the marriage, A left B and got married to C, hence, B sued A for bigamy. In the meantime A sued B for declaration of nullity of their marriage and moved for the suspension of the criminal case. Will the action prosper?

Question

Quizplus · Accepted Answer

The motion cannot be granted as it is not a prejudicial question. A prejudicial question is one that arises in a case the resolution of which is a logical antecedent of the issue involved in the current case, and the cognizance of which pertains to another tribunal. The determination of the nullity of the first marriage is not a prejudicial question to the criminal case of bigamy, as the crime depends on the fact of the second marriage while the first is subsisting, not on the validity of the first marriage.

A and B Got Married Without the Benefit of a License