In 1990, Lucia returned on the Philippines and suggested so you’re able to petition appellant to become listed on this lady from inside the Canada

In 1990, Lucia returned on the Philippines and suggested so you’re able to petition appellant to become listed on this lady from inside the Canada

MORIGO Against. Some one

FACTS: Each other 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 recorded into the Ontario Court (Standard Section) a petition having splitting up facing appellant that was supplied because of the legal 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.

On September 21, 1993, accused registered a problem having official declaration from nullity out-of relationships on Local Trial Court of Bohol, docketed due to the fact Municipal Circumstances No. 6020. The fresh complaint look for (sic) yet others, the latest report out of nullity from accused’s relationship with Lucia, on to the ground one no wedding service in reality took place.

ISSUE: Claimed Morigo have to have registered report towards nullity of his marriage which have Barrete just before his 2nd y situation.

RATIO: Underneath the concept off retroactivity off a married relationship are proclaimed void abdominal initio, the two was basically never ever hitched right away. The fresh new deal from relationship was null; they contains zero courtroom impression. Providing which disagreement in order to their logical completion, to own judge objectives, petitioner wasn’t hitched so you can Lucia at the time the guy developed the wedding which have Maria Jececha. The lives in addition to legitimacy of your earliest relationships being a keen essential part of this new offense away from bigamy, it is but logical one a belief to have said crime don’t be sustained in which there’s no first relationships to dicuss out of. Brand new petitioner, need certainly to, perforce feel acquitted of your 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 declaration from nullity regarding a past relationship is needed before a following it’s possible to feel lawfully developed. So it idea can be applied even if the earlier relationship are described as laws because void.

They bears stressing regardless of if you to definitely from inside the Mercado, the original matrimony got solemnized not only immediately after, but twice: very first prior to a court in which a marriage certificate try properly awarded and again six months after before a beneficial priest from inside the religious rites. Basically, at least, the original relationships appeared to features went down, even if later stated emptiness ab initio.

Person who switches into a consequent matrimony without very first getting instance judicial y

Throughout the instantaneous situation, although not, zero wedding service after all is actually performed of the a duly authorized solemnizing officer. Petitioner and you will Lucia Barrete just closed a marriage contract to their individual. New mere private act away from signing a marriage package carries no semblance so you’re able to a legitimate marriage which means, need zero judicial declaration off nullity. Particularly operate by yourself, rather than a great deal more, can’t be considered to form a basically appropriate wedding whereby petitioner was held liable for bigamy except best hookup sites Milwaukee if the guy earliest protects a judicial declaration out-of nullity just before the guy deals a consequent 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. Beneath the situations of your introduce situation, i kept you to petitioner has never the 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.