Module 2.11: Crimes Against Civil Status of Persons

This module covers crimes that tamper with the civil status of individuals, such as feigning birth, assuming another's identity, and entering into illegal marriages. Understanding these offenses is crucial for the Criminology Licensure Exam as they intersect with family law and personal identity.

1. Learning Objectives

By the end of this module, you should be able to:

Identify the different crimes against the civil status of persons under the Revised Penal Code.
Differentiate the elements of Simulation of Births, Usurpation of Civil Status, and Bigamy.
Understand the legal requisites and penalties for contracting illegal or premature marriages.
Determine the criminal liability of public officers or ministers who perform illegal marriage ceremonies.
Analyze case scenarios and apply the correct legal principles related to crimes against civil status.

2. SIMULATION OF BIRTHS AND USURPATION OF CIVIL STATUS (Art. 347-348)

A. SIMULATION OF BIRTHS (Art. 347)

Definition: The act of feigning or pretending a birth to have taken place when it did not, or substituting one child for another, thereby causing a child to lose their true civil status or creating a false one.
Elements:
1. The offender simulates a birth or substitutes one child for another.
2. The purpose is to cause a child to lose any of their civil status (e.g., filiation, hereditary rights).
Two Acts Punished:
1. Simulation of Birth: A person feigns a birth, making it appear that a woman gave birth to a child when in fact she did not. Example: Placing a doll under a dress and later claiming a newborn is one's own to claim inheritance.
2. Substitution of one child for another: A person exchanges one child for another, such as in a hospital nursery, to the prejudice of the child's status.
Purpose: The core of this crime is the fraudulent alteration of a child's civil status, which affects their legal identity and rights.

B. USURPATION OF CIVIL STATUS (Art. 348)

Definition: The act of a person who shall usurp the civil status of another.
Elements:
1. There is a person whose civil status is usurped (the victim).
2. The offender is not the person whose civil status he usurped.
3. The usurpation is done with the intent to enjoy the rights, honors, or properties pertaining to the other person.
Assuming Filiation of Another: This crime is committed by pretending to be someone else to enjoy their rights. The mere use of another's name is not sufficient; the purpose must be to assume their identity and corresponding rights (e.g., pretending to be the long-lost heir of a wealthy family).

3. BIGAMY (Art. 349)

Definition: The criminal offense of contracting a second or subsequent marriage before the first marriage has been legally dissolved, or before the absent spouse has been declared presumptively dead by a court.
Elements:
1. The offender has been legally married (the first marriage is valid).
2. The first marriage has not been legally dissolved (e.g., no final decree of annulment or declaration of nullity).
3. The offender contracts a second or subsequent marriage.
4. The second or subsequent marriage has all the essential requisites for validity (even if it is voidable for being bigamous).
First Marriage Must Be Valid: A person cannot be charged with bigamy if the first marriage was void from the beginning (e.g., incestuous). A judicial declaration of nullity of the first marriage is required before remarrying to avoid liability.
Who Can Commit: Any person who contracts a second marriage while a prior valid marriage is subsisting. A person who knowingly marries a bigamist can also be held liable as a principal.
Penalty: Prision mayor.
Prescription Period: The crime of bigamy prescribes in 15 years.

4. MARRIAGE CONTRACTED AGAINST PROVISIONS OF LAWS (Art. 350)

Elements:
1. The offender contracts a marriage.
2. He/she has knowledge that there is a legal impediment to the marriage.
3. The impediment is other than a prior existing marriage (which would be bigamy).
What Provisions are Violated? This refers to marriages that are void from the beginning due to legal impediments under the Family Code, such as:
- Marriages between collateral blood relatives up to the fourth civil degree (e.g., first cousins).
- Marriages between step-parents and step-children.
- Marriages where one party was killed by the other to facilitate the marriage.

5. PREMATURE MARRIAGES (Art. 351)

301-Day Rule: Punishes a widow who marries within 301 days from the date of the death of her husband, or before having delivered if she was pregnant at the time of his death.
Purpose of the Law: To prevent doubtful paternity and confusion of filiation. It ensures that if a child is born, there is no confusion as to whether the father is the deceased husband or the new husband.
This rule also applies to a woman whose marriage was annulled or dissolved, counting from the finality of the court decree.

6. PERFORMANCE OF ILLEGAL MARRIAGE CEREMONY (Art. 352)

Who Commits: This crime is committed by a person authorized to solemnize marriages (e.g., a priest, imam, minister, or judge).
Elements:
1. The offender is a person authorized to solemnize a marriage.
2. He solemnizes a marriage.
3. He performs the ceremony with knowledge of a legal impediment or that the marriage is not in accordance with legal formalities (e.g., marrying minors without parental consent).

7. Related Provisions (Family Code)

Void Marriages (e.g., Art. 35, 36, 37, 38): These marriages are invalid from the start. Contracting such a marriage with knowledge of the defect can fall under Art. 350.
Voidable Marriages (Art. 45): These are valid until annulled. Contracting a second marriage before a final court decree of annulment of a voidable first marriage constitutes bigamy.
Judicial Declaration of Nullity: The Supreme Court has consistently ruled that a judicial declaration of nullity of a previous marriage is necessary before a person can remarry. Without it, the second marriage is bigamous.

8. Important Notes and Distinctions

Bigamy vs. Illegal Marriage (Art. 350): In Bigamy, the impediment is a prior existing marriage. In Art. 350, the impediment is something else (e.g., relationship by blood, public policy).
Simulation of Birth vs. Usurpation of Status: In Simulation, the offender creates a false identity for a child. In Usurpation, the offender assumes the identity of another existing person.
Good Faith in Bigamy: An honest belief that a prior marriage was dissolved is not a valid defense if not supported by a final court decision declaring the marriage null or the absent spouse presumptively dead.

9. Quick Review Summary Table

Article	Crime	Persons Liable	Key Element/Notes
Art. 347	Simulation of Births	One who simulates birth or substitutes a child.	Purpose is to prejudice a child's civil status.
Art. 348	Usurpation of Civil Status	Any person who assumes the identity and rights of another.	Must be for the purpose of enjoying the rights (e.g., inheritance).
Art. 349	Bigamy	Any person who contracts a second marriage while the first is subsisting.	The first marriage must be valid, and the second must have all requisites.
Art. 350	Illegal Marriage	Any person who knowingly marries with a legal impediment (not bigamy).	Impediments like incest or those against public policy.
Art. 351	Premature Marriage	A widow who marries within 301 days of her husband's death.	Purpose is to avoid confusion of paternity.
Art. 352	Illegal Marriage Ceremony	An authorized solemnizing officer.	Commits the ceremony knowing it is illegal or lacks formal requirements.

10. Multiple Choice Practice Questions

What crime is committed by a person who feigns a delivery or childbirth to cause a child to lose his or her legitimate status? a) Bigamy b) Usurpation of civil status c) Simulation of birth d) Adultery
Which of the following is NOT an element of Bigamy? a) The offender has been legally married. b) The first marriage has not been legally dissolved. c) The second marriage lacks a valid marriage license. d) The offender contracts a second or subsequent marriage.
A widow, desiring to remarry, must wait for how long after the death of her husband to avoid criminal liability for premature marriage? a) 180 days b) 301 days c) 1 year d) 90 days
The purpose of the law penalizing premature marriages is to: a) Punish the widow's disrespect for the deceased. b) Prevent confusion as to paternity. c) Uphold public morals. d) Ensure the proper distribution of inheritance.
X, believing his wife Y was dead after not hearing from her for 10 years, married Z without a court declaration of Y's presumptive death. Y reappeared. What crime did X commit? a) Illegal Marriage under Art. 350 b) Adultery c) Bigamy d) No crime, he acted in good faith.
A person who assumes the filiation and all the rights of another existing person is liable for: a) Simulation of birth b) Estafa c) Usurpation of civil status d) Perjury
A judge who solemnizes a marriage between two first cousins, knowing them to be so related, is liable for: a) Bigamy b) Corruption of public officials c) Performance of illegal marriage ceremony d) Usurpation of official functions
What is the key difference between Bigamy and Illegal Marriage under Art. 350? a) The penalty. b) The gender of the offender. c) The nature of the legal impediment. d) The place where the marriage was celebrated.
The crime of bigamy prescribes in: a) 5 years b) 10 years c) 15 years d) 20 years
A places a baby doll under her dress to pretend she is pregnant and later claims to have given birth to an heir to inherit a fortune. What crime is committed? a) Estafa b) Perjury c) Forgery d) Simulation of birth
For a person to be convicted of bigamy, the second marriage must have all the essential requisites for validity. This statement is: a) True, as it is an element of the crime. b) False, as long as a ceremony took place, it is sufficient. c) Partly true, only a marriage license is needed. d) Partly false, consent is the only requisite that matters.
A marries B. Later, A marries C. It was discovered that the marriage between A and B was void from the start because they were siblings. Is A liable for bigamy? a) Yes, because he contracted two marriages. b) No, because the first marriage was not valid. c) Yes, because he did not tell C about his first marriage. d) It depends on whether B files a complaint.
This crime involves substituting one child for another, thereby prejudicing the child's civil status. a) Usurpation of civil status b) Kidnapping c) Simulation of birth under Art. 347 d) Illegal detention
Who is the person liable for the crime of Performance of an Illegal Marriage Ceremony under Article 352? a) The contracting parties. b) The parents who gave consent. c) The solemnizing officer. d) The witnesses to the marriage.
A and B are first cousins. They went to a judge, lied about their relationship, and got married. What crime did A and B commit? a) Bigamy b) Premature Marriage c) Perjury d) Marriage contracted against provisions of law (Art. 350)

Answer Key and Explanations

C) Simulation of birth. This is the precise act punished under Art. 347 when a person feigns birth.
C) The second marriage lacks a valid marriage license. A key element of bigamy is that the second marriage has all the essential requisites for validity. The crime is in the act of contracting this apparently valid second marriage.
B) 301 days. This is the period prescribed by Art. 351 of the RPC to avoid confusion in filiation.
B) Prevent confusion as to paternity. The waiting period ensures that any child born within that time is presumed to be the child of the deceased husband.
C) Bigamy. Good faith is not a defense without a prior judicial declaration of presumptive death. The law requires this legal step to be taken.
C) Usurpation of civil status. This crime involves taking on the identity and rights of another person.
C) Performance of illegal marriage ceremony. The judge, as an authorized solemnizing officer, knowingly performed a ceremony despite a legal impediment (relationship between first cousins, which is against public policy).
C) The nature of the legal impediment. In bigamy, the impediment is a prior subsisting marriage. In Art. 350, it is another type of legal impediment (e.g., blood relationship).
C) 15 years. The penalty for bigamy is prision mayor, and under Art. 90 of the RPC, crimes punishable by afflictive penalties prescribe in 15 years.
D) Simulation of birth. The act of feigning a birth to create a false civil status for a non-existent child is the essence of this crime.
A) True. Jurisprudence confirms this as the fourth element of bigamy. The second marriage must appear to be valid for the crime to be consummated.
B) No, because the first marriage was not valid. A valid first marriage is a prerequisite for the crime of bigamy. If the first marriage was void ab initio (from the beginning), there can be no bigamy.
C) Simulation of birth under Art. 347. This article punishes two acts: feigning birth and substituting one child for another.
C) The solemnizing officer. Article 352 specifically punishes the authorized official who performs the ceremony with knowledge of its illegality.
D) Marriage contracted against provisions of law (Art. 350). They knowingly contracted a marriage despite a legal impediment (being first cousins), which is punished under Art. 350. It is not bigamy as there is no prior marriage.