Jona Bumatay vs. Lolita Bumatay

G.R. No. 191320, April 25, 2017; per Caguioa, J.

Facts

Lolita allegedly married a certain Amado Rosete (Amado) on January 30,1968, when she was 16 years old. The marriage was solemnized before Judge Delfin D. Rosario, in Malasiqui, Pangasinan. Prior to the declaration of nullity of her marriage with Amado on September 20, 2005, Lolita married Jona's foster father, Jose Bumatay (Jose), on November 6, 2003. On August 17, 2004, Jona filed a Complaint-affidavit for Bigamy against Lolita. In her Counter-Affidavit, Lolita claims that she learned from her children (with Amado) that Amado had filed a petition for declaration of nullity of their marriage.

Subsequently, sometime in 1990, she was informed by her children that Amado had died in Nueva Vizcaya. On September 20, 2005, the RTC-Dagupan City issued a Decision declaring as null and void ab initio the marriage between Lolita and Amado. Subsequently, in its

Order dated March 20, 2006, the RTC-San Carlos granted Lolita's

Motion to Quash and dismissed the complaint for bigamy. In its

Decision dated August 28,2009, the CA affirmed the RTC-San Carlos'

Order dated March 20, 2006 granting the Motion to Quash and dismissed Jona's appeal.

Issue

Whether or not the CA committed any reversible error in upholding the RTC-San Carlos' Order granting Lolita's motion to quash the Information for the crime of Bigamy

Ruling

The petition is denied. Based on the records, it appears undisputed that Petitioner has no legal personality to assail the dismissal of the criminal case. Rule 110, Section 5 of the Revised Rules of Criminal Procedure, dictates that all criminal actions commenced by complaint or by information shall be prosecuted under the direction and control of a public prosecutor.

In appeals of criminal cases before the Supreme Court, the authority to represent the State is vested solely in the Office of the Solicitor General (OSG). Furthermore, the record is replete with indications that Jona's natural parents are unknown and she was merely raised as the "foster daughter" of Jose Bumatay, without having undergone the process of legal adoption.