Inside the 1990, Lucia returned toward Philippines and you may suggested to petition appellant to participate this lady inside the Canada

MORIGO Against. Individuals

FACTS: Each other accessible to marry, thus they were married on August 30, 1990 at the Iglesia de Filipina Nacionalat Catagdaan, Pilar, Bohol.

On August 19, 1991, Lucia recorded toward Ontario Court (General Division) an excellent petition to have separation and divorce up against appellant that has been granted from 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.

Bringing this disagreement so you can their logical completion, to own judge aim, petitioner wasn’t hitched to help you Lucia at that time the guy developed the wedding having Maria Jececha

On September 21, 1993, implicated submitted a criticism for judicial declaration regarding nullity out-of relationship about Local Demo Judge of Bohol, docketed just like the Municipal Situation No. 6020. The criticism find (sic) and others, the new declaration from nullity out-of accused’s marriage having Lucia, on to the ground you to definitely zero wedding actually happened.

ISSUE: Won Morigo should have submitted report toward nullity off his wedding having Barrete before their 2nd y situation.

RATIO: Within the idea off retroactivity out-of a marriage being announced void ab initio, both were never ever married from the beginning. The bargain away from matrimony try null; they holds no legal impact. The lifestyle as well as the legitimacy of your very first relationship getting an crucial element of the brand new offense away from bigamy, it is however, logical you to a belief to own told you crime never end up being suffered where there is absolutely no basic marriage to speak regarding. The brand new petitioner, need certainly to, perforce be acquitted of your immediate charge.

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 report out-of nullity off a past marriage will become necessary ahead of a consequent one can feel lawfully contracted. Individual who enters a following matrimony in place of basic getting such as for example official y. This idea can be applied even when the earlier partnership is actually characterized by laws while the void.

It carries stressing though that during the Negocio, the initial relationship is solemnized not just shortly after, however, double: first prior to a courtroom in which a married relationship certificate is actually properly granted right after which again 6 months later ahead of a priest inside religious rites. Ostensibly, at the very least, the initial marriage appeared to enjoys went down, regardless if later declared emptiness ab initio.

Regarding immediate case, yet not, zero marriage ceremony whatsoever is performed by a properly subscribed solemnizing manager. Petitioner and Lucia Barrete just closed a marriage offer on their very own. The newest simple personal operate regarding finalizing a wedding package contains no semblance to a valid relationship and therefore, demands no judicial declaration from nullity. Including act alone, instead even more, cannot be considered in order to comprise an evidently appropriate wedding wherein petitioner would be stored liable for bigamy until he first protects a judicial report regarding nullity ahead of the guy contracts a following 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. In points of your own introduce situation, i held that 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.