Criminal Law Book 2 – Title Twelve
CRIMES AGAINST THE CIVIL STATUS OF PERSONS
A. SIMULATION OF BIRTHS, SUBSTITUTION OF ONE CHILD FOR ANOTHER, AND CONCEALMENT OR ABANDONMENT OF A LEGITIMATE CHILD: (347)
1. Simulation of births
2. Substitution of one child for another
3. Concealing or abandoning any legitimate child with the intent to cause such child to lose its civil status
- The child must be legitimate
- The offender conceals or abandons such child
- The offender has the intent to cause the child to lose its civil status
Elements of Simulation of Birth:
- Child is baptized or registered in the Registry of birth as hers
- Child loses its real status and acquiires a new one
- Actor’s purpose was to cause the loss of any trace as to the child’s true filiation
B. USURPATION OF CIVIL STATUS: (348)
- Committed by a person who represents himself as another and assumes the filiation or rights pertaining to such person
- There must be criminal intent to enjoy the civil rights of another by the offender knowing he is not entitled thereto
- Committed by asuming the filiation, or the parental or conjugal rights of another
- Circumstances qualifying the offense: penalty is heavier when the purpose of the impersonation is to defraud the offended party or hios heirs.
C. ELEMENTS OF BIGAMY: (349)
- That the offender has been legally married.
- That the 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.
- That he contracts a second or subsequent marriage.
- That the second or subsequent marriage has all the essential requisites for validity.
- The crime does not fall within the category of private crimes that can be prosecuted only at the instance of the offended party
- A simulated marriage is not marriage at all and can be used as a defense for bigamy
- There must be a summary proceeding to declare the absent spouse presumptively dead for purposes of remarriage
- Failure to exercise due diligence to ascertain the whereabouts of the 1st wife is bigamy through reckless imprudence
- A judicial declaration of the nullity of a marriage void ab initio is now required
- One convicted for bigamy may be prosecuted for concubinage as both are distinct offenses
- One who vouches that there is no legal impediment knowing that one of the parties is already married is an accomplice.
D. ELEMENTS OF MARRIAGE CONTRACTED AGAINST PROVISIONS OF LAWS: (350)
- That the offender contracted marriage.
- That he knew at the time that
- the requirement of the law were not complied with, or
- The marriage was in disregard of a legal impediment.
Note: Circumstance qualifying the offense: if either of the contracting parties obtains the consent of the other by means of violence, intimidation or fraud.
E. ELEMENTS OF PREMATURE MARRIAGE: (351)
- A widow who within 301 days from death of husband, got married or before her delivery, if she was pregnant at the time of his death
- A woman whose marriage having been dissolved or annulled, married before her delivery or within 301 days after the legal separation.
F. ELEMENTS OF PERFORMANCE OF ILLEGAL MARRIAGE CEREMONY: (352)
Act punished: performance of any illegal marriage ceremony by a priest or minister of any religious denomination or sect or by civil authorities
Criminal Law Book 2 Reviewer
Ateneo Central Bar Operations 2001