A and B got married without the benefit of a license. During the marriage, A left B and got married to C, hence, B sued A for bigamy. In the meantime A sued B for declaration of nullity of their marriage and moved for the suspension of the criminal case. Will the action prosper?

• A. A s motion cannot be granted because the marriage is presumed to be valid until nullified.
• B. The motion cannot be granted as it is not a prejudicial question.
• C. The motion cannot be granted because A should have filed an action to declare the marriage void before getting married to C.
• D. The motion will be denied because A cannot benefit out of his own wrongdoing.