Into the 1990, Lucia returned towards Philippines and you can advised in order to petition appellant to become listed on her for the Canada

MORIGO Vs. Somebody

FACTS: Each other 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 to the Ontario Court (General Office) an effective petition to possess separation and divorce facing appellant which had been granted of the judge 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.

Providing this argument so you can their logical achievement, to own legal motives, petitioner was not married so you can Lucia at that time he developed the marriage with Maria Jececha

On September 21, 1993, implicated filed an issue getting official report off nullity of relationships regarding Regional Demonstration Courtroom regarding Bohol, docketed once the Municipal Instance Zero. 6020. The grievance search (sic) yet others, the new report from nullity of accused’s relationships with Lucia, on to the floor one zero marriage ceremony in fact happened.

ISSUE: Won Morigo need to have recorded statement for the nullity out of his marriage having Barrete prior to their second y instance.

RATIO: According to the principle away from retroactivity away from a married relationship being proclaimed void abdominal initio, the two had been never ever married right away. Brand new contract out of wedding try null; it bears zero courtroom perception. The newest existence in addition to authenticity of one’s very first marriage being a keen very important section of this new offense of bigamy, it’s however, analytical that a belief to own said offense cannot be sustained where there’s absolutely no earliest marriage to dicuss from. The fresh petitioner, need, perforce become acquitted of your instant 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 report out of nullity out of an earlier wedding is needed prior to a consequent it’s possible to become legally contracted. Person who adopts a following relationships rather than basic acquiring instance judicial y. That it concept is applicable even if the before relationship try described Toronto hookup spots as statutes because void.

It carries stressing regardless if one to in the Negocio, the first marriage was solemnized besides immediately after, however, twice: earliest in advance of a courtroom in which a married relationship certificate try duly given following once again half a year afterwards before a beneficial priest for the spiritual rites. Basically, at least, the first relationship seemed to provides transpired, whether or not after declared emptiness abdominal initio.

About instantaneous case, but not, no wedding service at all is performed from the a duly subscribed solemnizing officer. Petitioner and Lucia Barrete merely finalized a wedding offer on the individual. The latest simple personal act of signing a married relationship price carries zero semblance to help you a valid relationships for example, needs no judicial declaration of nullity. Particularly operate alone, versus far more, cannot be deemed so you’re able to make-up a basically appropriate matrimony whereby petitioner could be stored accountable for bigamy unless he first obtains an official declaration of nullity prior to he 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. According to the products of one’s present situation, i held you to petitioner has not 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.