MORIGO Versus. Anyone

FACTS: Both accessible to get married, thus they were married on August 30, 1990 at the Iglesia de Filipina Nacionalat Catagdaan, Pilar, Bohol.

On August 19, 1991, Lucia registered into Ontario Courtroom (Standard Section) an excellent petition having separation and divorce up against appellant which was offered because of the judge 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 recorded a problem getting official report away from nullity regarding wedding from the Regional Demonstration Judge of Bohol, docketed because Civil Case Zero. 6020. This new problem seek (sic) as well as others, the brand new report out-of nullity off accused’s matrimony with Lucia, on to the floor that zero marriage ceremony actually taken place.

ISSUE: Claimed Morigo need registered declaration towards the nullity out-of his relationships that have Barrete prior to their next y circumstances.

RATIO: Underneath the idea out-of retroactivity out of a married relationship getting declared gap ab initio, the 2 was basically never ever married right from the start. The deal off wedding try null; it holds zero court perception. Taking so it disagreement to its logical end, for legal purposes, petitioner wasn’t partnered in order to Lucia during the time he developed the wedding that have Maria Jececha. The brand new existence together with authenticity of very first matrimony are an enthusiastic important part of the offense away from bigamy, it is but analytical that a belief having said crime try not to end up being suffered where there isn’t any first wedding to dicuss out of. The petitioner, need, perforce become acquitted of your own immediate 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:

A judicial declaration away from nullity out-of a past marriage is necessary before a subsequent it’s possible to feel legitimately developed. So it concept can be applied even when the earlier partnership try described as regulations given that void.

It contains worrying even in the event you to definitely within the Negocio, the initial marriage was solemnized not only immediately after, but double: first just before a judge where a wedding certification try duly approved then once again six months later in advance of a great priest in the religious rites. Fundamentally, at the very least, the original relationship seemed to features took place, even if later proclaimed void abdominal initio.

Individual that gets into a subsequent marriage versus very first getting such as official y

On instant situation, not, no wedding party anyway is did of the a duly registered solemnizing manager. Petitioner and you will Lucia Barrete simply closed a marriage contract on their individual. The new simple private act away from signing a wedding package carries no semblance to help you a valid marriage and https://datingranking.net/local-hookup/nanaimo/ thus, requires zero official report regarding nullity. Particularly operate by yourself, in the place of so much more, cannot be considered so you can constitute a basically good wedding wherein petitioner could well be kept responsible for bigamy until he very first obtains a judicial report away from nullity before the guy contracts a subsequent relationships.

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. In issues of establish instance, i held that petitioner hasn’t the full 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.