LSaF

Question

Joe and Marcy were married in Batanes in 1955. After two years, Joe left Marcy and settled in Mindanao where he later met and married Linda on 12 June 1960. The second marriage was registered in the civil registry of Davao City three days after its celebration. On 10 Oct. 1975 Marcy who remained in Batanes discovered the marriage of Joe to Linda. On 01 Mar. 1976 Marcy filed a complaint for bigamy against Joe.

The crime of bigamy prescribed in fifteen years computed from the day the crime is discovered by the offended party, the authorities or their agents. Joe raised the defense of prescription of the crime, more than 15 years having elapsed from the celebration of the bigamous marriage up to the filing of Marcy's complaint. He contended that the registration of his second marriage in the civil registry of Davao City was constructive notice to the whole world of the celebration thereof thus binding upon Marcy. Has the crime of bigamy charged against Joe already prescribed? (1995 BAR)

0/1500
7:00
Skip