CASE DIGEST ON MERCED V. DIAZ

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CASE DIGEST ON MERCED V. DIAZ [109 P 156 (1960)] - Where the husband files a civil case for annulment of the second marriage on the ground of lack of consent, and the second wife subsequently files a criminal case for bigamy against him, the civil case for annulment is a prejudicial question to be determined before the criminal case can proceed. Consent is an essential element of a valid marriage. Without consent, the marriage is void. But the question of invalidity cannot ordinarily be decided in the criminal action for bigamy but in a civil action for annulment. Since the validity of the second marriage, subject of the action for bigamy, cannot be determined in the criminal case, and since prosecution for bigamy does not lie unless the elements of the second marriage appear to exist, it is necessary that a decision in a civil action to the effect that the second marriage contains all the essentials of a marriage must first be secured.

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