During the 1990, Lucia came back toward Philippines and advised so you can petition appellant to join the girl inside the Canada

MORIGO Vs. Anyone

FACTS: Both offered 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 submitted towards the Ontario Court (General Section) an effective petition to possess divorce case up against appellant which had been provided from the legal on January 17, 1992 and to take effect on February 17, 1992.

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

On September 21, 1993, implicated registered an ailment for official report away from nullity off matrimony from the Regional Trial Courtroom away from Bohol, docketed as the Municipal Situation Zero. 6020. This new criticism find (sic) as well as others, the new statement off nullity out of accused’s marriage with Lucia, on to the ground that zero wedding in fact taken place.

ISSUE: Obtained Morigo must have submitted statement towards the nullity out of his relationship with Barrete ahead of their 2nd y instance.

RATIO: Under the idea from retroactivity from a wedding are stated emptiness abdominal initio, both were never ever partnered right away. New contract away from relationship is null; they holds zero courtroom effect. Taking which argument in order to its analytical conclusion, to have court objectives, petitioner was not married to help you Lucia during the time the guy contracted the marriage that have Maria Jececha. Brand new life and also the authenticity of one’s first matrimony getting a keen very important section of this new crime of bigamy, it’s but logical you to a conviction having told you crime usually do not be sustained in which there’s absolutely no earliest matrimony to dicuss regarding. This new petitioner, have to, perforce end up being acquitted of your own instantaneous 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:

A judicial statement away Nottingham hookup from nullity from a past relationships is required before a consequent one could become legitimately developed. It idea enforce even if the prior to connection are characterized by laws since the void.

They contains worrying whether or not you to in Mercado, the first relationships had been solemnized not merely immediately following, but twice: earliest in advance of a court in which a wedding certificate try properly provided then again half a year after just before an excellent priest in religious rites. Fundamentally, about, the original wedding seemed to has took place, even when after announced emptiness abdominal initio.

Person who enters into a following wedding in place of very first acquiring such as for instance judicial y

From the instantaneous circumstances, however, zero wedding party whatsoever was performed of the a properly registered solemnizing manager. Petitioner and you will Lucia Barrete only closed a wedding offer to their very own. The latest simple individual operate out of finalizing a married relationship bargain carries no semblance so you can a legitimate relationships and therefore, means zero judicial report of nullity. Like operate alone, instead of a whole lot more, can’t be considered in order to make-up a fundamentally valid relationship for which petitioner could well be stored accountable for bigamy unless the guy first protects a judicial statement out of nullity prior to he deals a following 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. According to the affairs of one’s present case, we stored one to petitioner has not committed 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.