Into the 1990, Lucia came back for the Philippines and you will suggested in order to petition appellant to become listed on their in Canada

MORIGO Against. Some one

FACTS: Both provided 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 on the Ontario Judge (Standard Department) a beneficial petition getting breakup facing appellant that has been offered of the judge 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 recorded a complaint to have judicial statement away from nullity away from relationship from the Regional Demonstration Judge off Bohol, docketed because Municipal Circumstances Zero. 6020. The fresh new grievance search (sic) yet others, the fresh new statement off nullity regarding accused’s wedding which have Lucia, on the ground one to no wedding ceremony in reality taken place.

ISSUE: Acquired Morigo must have recorded declaration on the nullity away from his wedding with Barrete before their 2nd y instance.

RATIO: Underneath the principle of retroactivity off a married relationship becoming proclaimed void ab initio, both was indeed never ever partnered right from the start. Brand new contract from marriage was null; they holds no judge perception. Getting it dispute in order to the logical completion, to own court motives, petitioner wasn’t hitched so you’re able to Lucia during the time the guy developed the wedding with Maria Jececha. The brand new life together with legitimacy of the basic matrimony getting an enthusiastic very important section of the crime out of bigamy, it’s but logical you to a conviction for told you offense usually do not end up being sustained where there’s no earliest marriage to speak away from. The newest petitioner, must, perforce feel 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:

A judicial report away from nullity away from a previous wedding is needed in advance of a subsequent one could be legally contracted. It concept enforce even when the earlier union was described as guidelines because emptiness.

They holds stressing though one to inside the Negocio, the original relationship had been solemnized not merely just after, however, double: first in advance of a courtroom where a marriage certificate is actually duly approved right after which once more 6 months afterwards just before an excellent priest in religious rites. Evidently, at the least, the first relationship appeared to have went down, although later declared gap ab initio.

Individual that enters into a subsequent matrimony in the place of first obtaining particularly judicial y

On instant case, although not, zero wedding ceremony anyway try did because of the a properly registered solemnizing manager. Petitioner and you can Lucia Barrete only signed a marriage package on the very own. The new mere personal work out of signing a marriage offer holds zero semblance to a legitimate marriage meaning that, means no official declaration off nullity. Including work by yourself, in place of alot more, can’t be deemed to form an evidently valid relationships wherein petitioner might possibly be stored liable for bigamy except if the guy earliest secures an official statement of nullity in advance of the guy deals 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. Underneath the factors of your own introduce circumstances, we kept one petitioner has not 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.