Crimes Against Civil Status

Requisites of Concealing or Abandoning any Legitimate child

1. The child must be legitimate.

2. The offender conceals or abandons such child; and

3. The offender has the intent to cause such child to lose its civil status.

SIMULATION OF BIRTHS,

SUBSTITUTION OF ONE CHILD FOR

ANOTHER, AND CONCEALMENT OR

ABANDONMENT OF A LEGITIMATE

CHILD

When the woman pretends to be pregnant when in

fact she is not, and on the day of the supposed

delivery. takes the child of another as her own

A b a n d o n

It means to leave a child in a public place where

other people may find the child

ARTICLE 348

USURPATION OF CIVIL STATUS

Usurping the civil status of another is committed by

assuming the filiation or the parental or conjuga

rights of another, with intent to enjoy the rights

arising from the civil status of the latter

Qualified Usurpation of Civil Status

the purpose is to defraud the offended party or his heirs

civil status

includes one's public station, or the rights, duties, capacities and incapacities which determine a person to a given class. It s e e m s that the term "civil status" includes one's profession

INTENT TO ENJOY RIGHTS

It is absolutely necessary in order to constitute this

crime that the intent of the offender is to enjoy the

rights arising from the civil status of the person

impersonated.

ELEMENTS - BIGAMY

That the offender is Legally married;

2. That the marriage has not been Dissolved or, in

case the spouse is absent, the absent spouse

could not yet be presumed dead according to the Civil Code

4. That he Contracts a second or subsequent

marriage; and

That the second or subsequent marriage has all

the Essential requisites for validity

PERSONS LIABLE AS

AN

ACCOMPLICE:

1 . The second spouse who knew of the first marriage;

2. The person who falsely vouched for the capacity

of either of the contracting parties (REYES,

Book Two, supra at 1230).

3.The person, whether a man or a woman, who knowingly consents or agrees to be married to another already bound in lawtul wedlock.

Prescription of Bigamy

From the the time of its discovery by the complainant spouse.

Differences between concubinage/adultery and Bigamy

CRIB - 1. That the offender Contracted marriage;

2. That he knew at the time that

a. The Requirements of the law were not

complied with; or

The marrlage was in disregard of a legal

Impediment; and

3. The offender must not be guilty of Bigamy

Qualifying Circumstance

If either of the

contracting parties obtains the consent of the other

by means of violence, intimidation or fraud

PERFORMANCE OF ILLEGAL

MARRIAGE CEREMONY

Priests or ministers of any religious denomination or

sect, or civil, authorities who shall perform or

authorize any illegal marriage ceremony shall be

punished under the Marriage Law