Crimes Against the Civil Status of Persons (Title XII, Book Two, Revised Penal Code)

Crimes against the civil status of persons refer to acts that alter, simulate, or falsely create a person's civil status. These crimes are codified in Title XII of the Revised Penal Code (RPC) of the Philippines.

1. Simulation of Births, Substitution of One Child for Another, and Concealment or Abandonment of a Legitimate Child

Article 347 penalizes acts related to interfering with a person's civil status at birth.

Acts Punished:
1. Simulation of births: Pretending a child was born to a person when in fact they were not.
2. Substitution of one child for another: Deliberately exchanging one child for another.
3. Concealment or abandonment of a legitimate child to prejudice the child’s civil status.
Elements:
1. The act must involve simulation or falsification concerning the birth of a child.
2. There must be intent to alter or affect the civil status of a person.
Penalty:
- Prison mayor and a fine not exceeding ₱1,000.
- Additional penalties may apply under special laws, such as the Family Code, or related provisions like RA 9262 (Anti-Violence Against Women and Children Act).

2. Usurpation of Civil Status

Article 348 punishes falsely assuming another person's civil status.

Elements:
1. The offender impersonates another or assumes their civil status.
2. The act is intended to prejudice the rights of others or unlawfully obtain benefits.
Penalty:
- Prison mayor.

3. Bigamy

Article 349 addresses marrying another person while a valid marriage still exists.

Elements:
1. The offender has a valid and existing first marriage.
2. The offender contracts a second marriage without dissolving or annulling the first.
3. Both marriages must have been valid at the time of their celebration.
Penalty:
- Prison mayor.
- The penalty applies regardless of whether the second marriage was contracted in the Philippines or abroad, provided jurisdiction exists.
Defenses:
1. The first marriage was void from the beginning.
2. The first marriage was judicially annulled or dissolved.

4. Marriage Contracted Against Provisions of Laws

Article 350 penalizes those who marry in violation of legal prohibitions.

Acts Punished:
1. Marriage by any person without complying with legal requirements (e.g., without a marriage license, age requirements).
2. Marriage in violation of restrictions (e.g., marrying within prohibited degrees of consanguinity).
Penalty:
- Prison correctional in its medium and maximum periods.

5. Premature Marriages

Article 351 penalizes a widow or a woman whose marriage has been annulled or dissolved if she marries before the prescribed waiting period.

Elements:
1. A widow marries within 301 days after the death of her husband or before giving birth if she is pregnant.
2. A woman marries before her previous marriage is judicially annulled or dissolved.
Penalty:
- Arresto mayor and a fine not exceeding ₱500.
Purpose of Waiting Period:
- To prevent confusion regarding paternity of a subsequent child.

6. Performance of Illegal Marriage Ceremony

Article 352 penalizes priests, ministers, or any person authorized to solemnize marriage who performs illegal or prohibited marriage ceremonies.

Elements:
1. The person officiates a marriage knowing it violates the law.
2. The ceremony performed leads to a prohibited marriage under Articles 349, 350, or 351.
Penalty:
- Prison correccional in its medium and maximum periods.

Key Points on Civil Status and Legal Implications

Definition of Civil Status:
- Refers to a person's standing in law, including their marital status, legitimacy of birth, or parental affiliations.
Effect on Civil Registries:
- Crimes against civil status often involve falsification or misrepresentation of entries in the civil registry, which are public documents with evidentiary value under the Civil Code and related statutes.
Special Laws Related to Civil Status:
- Family Code of the Philippines: Governs legitimacy, recognition of children, and rules on marriages.
- Child and Youth Welfare Code: Provides for penalties in cases involving child substitution or concealment.
- Anti-Fake News Law (RA 10175): Addresses digital falsification of civil records.
Civil and Administrative Liabilities:
- In addition to criminal liability, offenders may face civil cases for damages and administrative penalties (e.g., disbarment for lawyers, license revocation for solemnizing officers).

Jurisprudence

Bigamy Cases: Courts emphasize that good faith or ignorance of a subsisting marriage is not a valid defense unless due diligence to verify the annulment of the first marriage was exercised.
Simulation of Births: Often involves cases of child trafficking, where simulation is done to facilitate illegal adoptions.

This area of criminal law reflects the importance of upholding the integrity of civil status records and ensuring the protection of personal rights and familial relationships.