MORIGO Versus. Anybody
FACTS: Both wanted to wed, thus they were married on August 30, 1990 at the Iglesia de Filipina Nacionalat Catagdaan, Pilar, Bohol.
On August 19, 1991, Lucia registered to your Ontario Courtroom (General Section) good petition to own splitting up facing appellant that has been offered by the court 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 it disagreement to the logical end, to possess courtroom purposes, petitioner wasn’t married so you’re able to Lucia during the time he contracted the wedding that have Maria Jececha
On September 21, 1993, implicated registered a complaint to possess judicial statement out of nullity out-of marriage from the Regional Demo Court off Bohol, docketed just like the Municipal Situation No. 6020. The fresh ailment look for (sic) and others, the statement out of nullity off accused’s marriage that have Lucia, on to the ground one no marriage ceremony indeed taken place.
ISSUE: Acquired Morigo need to have registered statement towards the nullity off his marriage with Barrete just before his second y circumstances.
RATIO: Beneath the concept out of retroactivity out of a marriage are proclaimed void abdominal initio, the 2 was in fact never partnered from the beginning. Brand new deal away from relationships was null; they bears no courtroom impression. The fresh new lifetime therefore the validity of your own earliest matrimony being an important element of the crime off bigamy, it’s however, logical one a belief to own said crime don’t become sustained in which there isn’t any earliest marriage to speak regarding. The brand new petitioner, need certainly to, perforce feel acquitted of your own quick 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 out of nullity off a past matrimony is needed just before a subsequent you can getting lawfully developed. One who gets into dating Foot Fetish a consequent relationship as opposed to earliest getting for example official y. This principle is applicable even if the earlier commitment try described as guidelines once the emptiness.
It carries stressing though you to inside the Mercado, the original relationships ended up being solemnized not merely once, however, twice: very first before a judge where a wedding certification are duly given following once more 6 months later on ahead of a good priest within the religious rites. Basically, at the very least, the original matrimony seemed to have took place, in the event later declared gap ab initio.
Regarding the instantaneous situation, yet not, zero wedding after all are performed by the a properly subscribed solemnizing administrator. Petitioner and you will Lucia Barrete merely finalized a marriage price to their very own. New mere private operate out-of signing a marriage contract carries no semblance in order to a legitimate relationships and thus, need no judicial declaration regarding nullity. Like work alone, in place of way more, cannot be considered to compose an ostensibly valid relationship by which petitioner was held responsible for bigamy unless the guy basic protects an official report regarding nullity prior to 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. Beneath the products of your expose situation, i kept one petitioner hasn’t 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.