Crimes Against The Civil Status Of Persons

Question 1

Who may be liable for Art. 347 “Simulation of births, substitution of one child for another and concealment or abandonment of a legitimate child”?

Answer 1

1. Any person.
2. Any Physician or Surgeon or Public Officer who, in violation of the duties of his profession or office, shall cooperate in the execution of any of the three acts punishable above.

Question 2

What are the ELEMENTS of Art. 349 “Bigamy”?

Answer 2

1. That the offender has been legally married;
2. That the marriage has not been legally dissolved or, in case his or her spouse is absent, the absent spouse has not yet been presumed dead according to the Civil Code;
3. That he contracts a second or subsequent marriage;
4. The second or subsequent marriage must have all the essential requisites of a valid marriage were it not for the subsistence of the first marriage.

Question 3

Who are liable for Art. 351 “Premature Marriage”?

Answer 3

1. Widow who married within 301 days from the date of death of her husband or before having delivered if she is pregnant at the time of his death.
2. A woman whose marriage has been annulled or dissolved, who shall marry before her delivery or before the expiration of the period of 301 days after the date of their legal separation.

Question 4

Who are liable under Art. 352 “Performance of illegal marriage ceremony”?

Answer 4

1. Preist or minister of any religious denomination or sect who performs or authorizes an illegal marriage ceremony.
2. Civil authorities who perform or authorize any illegal marriage ceremony.