MORIGO Vs. Some one

FACTS: Each other wanted to marry, thus they were married on August 30, 1990 at the Iglesia de Filipina Nacionalat Catagdaan, Pilar, Bohol.

On August 19, 1991, Lucia recorded into the Ontario Court (Standard Department) a good petition getting breakup against appellant that has been supplied of the legal on January 17, 1992 and to take effect on February 17, 1992.

On October 4, 1992, appellant Lucio Morigo married Maria Jececha Lumbago at the Virgen sa Barangay Parish, Tagbilaran City, Bohol.

On September 21, 1993, accused registered an issue having judicial statement off nullity away from matrimony from the Regional Trial Court from Bohol, docketed given that Civil Case Zero. 6020. The fresh ailment search (sic) as well as others, the fresh new declaration out-of nullity from accused’s wedding which have Lucia, on the floor you to zero wedding party in fact occurred.

ISSUE: Won Morigo need recorded statement on the nullity of their wedding that have Barrete ahead of his 2nd y circumstances.

RATIO: In concept of retroactivity off a wedding getting proclaimed gap ab initio, the two was never ever partnered right from the start. The fresh bargain away from wedding are null; they carries no judge effect. Bringing this disagreement to help you the logical achievement, getting judge aim, petitioner was not hitched to help you Lucia at that time he developed the wedding with Maria Jececha. Brand new life while the legitimacy of one’s basic matrimony being an crucial section of new offense of bigamy, it’s however, logical that a belief for said offense usually do not end up being sustained in which there’s absolutely no earliest relationship to dicuss away from. New petitioner, need to, perforce end up being acquitted of one’s instantaneous charge.

The present case is analogous to, but must be distinguished from Mercado v. Tan . . In the latter case, the judicial declaration of nullity of the first marriage was likewise obtained after the second marriage was already celebrated. We held therein that:

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An official declaration out-of nullity away from an earlier marriage is necessary before a following you can end up being lawfully developed. This principle applies even if the earlier partnership are characterized by statutes as void.

They contains worrying no matter if that for the Negocio, the original relationship was solemnized besides just after, but double: first before a legal where a married relationship certificate are duly given right after which again half a year later ahead of an effective priest in spiritual rites. Fundamentally, about, the first relationship seemed to has transpired, whether or not later stated void abdominal initio.

Individual who goes into a following matrimony as opposed to very first getting such as for example judicial y

Regarding the instantaneous instance, yet not, no wedding ceremony anyway is actually did by the a properly registered solemnizing manager. Petitioner and Lucia Barrete simply signed a marriage contract on their own. New mere private work out of finalizing a wedding bargain bears zero semblance to a valid relationship and thus, demands no judicial declaration out-of nullity. Such as work by yourself, without a lot more, can not be considered so you’re able to constitute an evidently valid marriage by which petitioner would be stored liable for bigamy unless of course the guy basic obtains an official statement of nullity prior to the guy deals a subsequent matrimony.

The law abhors an injustice and the Court is mandated to liberally construe a penal statute in favor of an accused and weigh every circumstance in favor of the presumption of innocence to ensure that justice is done. Within the facts of your expose circumstances, i kept that petitioner has never the amount of time bigamy. Further, we also find that we need not tarry on the issue of the validity of his defense of good faith or lack of criminal intent, which is now moot and academic.