Posted by: Elmer Brabante | September 1, 2009

People vs. Santiago


PEOPLE VS. SANTIAGO

No. 27972

October 31, 1927

 

FACTS:

                On November 23, 1926, herein appellant Felipe Santiago raped Felicita Masilang, his wife’s niece, in an uninhabited place across a river in Gapan, Nueva Ecija.  After the deed, he took her to the house of his brother, Agaton Satiago, who in turn fetched a protestant minister who there and then officiated the ceremony of their marriage.  After having given money by Felipe, Felicita proceeded home to her father and told what had just occurred. 

ISSUE:

                Whether or not the marriage executed by the protestant minister is of legal effect. 

HELD:

                The marriage ceremony was a mere ruse by which the appellant hoped to escape from the criminal consequence of his act.  It shows that he had no bona fide intention of making her his wife and the ceremony cannot be considered binding on her because of duress.  The marriage was therefore void for lack of essential consent, and it supplies no impediment to the prosecution of the wrongdoer.

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