MORIGO Versus. People
FACTS: Both agreed to marry, thus they were married on August 30, 1990 at the Iglesia de Filipina Nacionalat Catagdaan, Pilar, Bohol.
On August 19, 1991, Lucia filed toward Ontario Court (General Department) an excellent petition to have separation up against appellant which had been granted because of dating sites for Catholic Sites professionals the courtroom on January 17, 1992 and to take effect on February 17, 1992.
On October 4, 1992, appellant Lucio Morigo partnered Maria Jececha Lumbago at the Virgen sa Barangay Parish, Tagbilaran City, Bohol.
Delivering so it dispute to its analytical end, for courtroom objectives, petitioner wasn’t hitched so you’re able to Lucia at the time he developed the wedding with Maria Jececha
On September 21, 1993, implicated filed a problem for judicial report from nullity regarding relationships regarding Regional Demonstration Court regarding Bohol, docketed given that Municipal Situation No. 6020. The brand new complaint search (sic) and others, the newest report away from nullity away from accused’s marriage having Lucia, on the ground one zero wedding ceremony actually happened.
ISSUE: Acquired Morigo have to have registered declaration to your nullity away from his wedding that have Barrete before their next y situation.
RATIO: Underneath the concept away from retroactivity regarding a wedding are stated void abdominal initio, the 2 was basically never ever partnered right away. The fresh offer from relationships is actually null; it carries no judge impression. The brand new lives additionally the validity of basic relationships are an enthusiastic important section of the newest offense out of bigamy, it’s however, analytical you to a belief for said crime dont getting suffered where there is no earliest wedding to dicuss out-of. New petitioner, need certainly to, perforce be acquitted of the immediate fees.
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:
An official statement regarding nullity out of an earlier marriage is needed ahead of a subsequent you can be legitimately contracted. Person who enters a following wedding as opposed to very first acquiring such judicial y. This idea enforce even when the prior to union is characterized by statutes since void.
It holds worrying no matter if you to within the Mercado, the initial relationships had been solemnized besides immediately following, but twice: basic prior to a court in which a wedding certificate is actually properly awarded then once more 6 months later just before a great priest for the spiritual rites. Evidently, at the very least, the initial relationships appeared to keeps took place, even though later declared gap ab initio.
Regarding instant circumstances, yet not, no wedding ceremony after all is performed by the a duly licensed solemnizing administrator. Petitioner and you can Lucia Barrete simply signed a married relationship deal on their very own. The fresh simple individual act from signing a marriage offer contains no semblance in order to a valid matrimony and thus, need no official statement out-of nullity. Including operate alone, instead of far more, can’t be considered in order to create an ostensibly appropriate relationships in which petitioner would-be held accountable for bigamy until the guy basic obtains an official report from nullity ahead of he agreements a subsequent relationship.
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 points of the introduce instance, i held one to 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.