MORIGO Vs. Anybody
FACTS: Each other accessible to wed, thus they were married on August 30, 1990 at the Iglesia de Filipina Nacionalat Catagdaan, Pilar, Bohol.
On August 19, 1991, Lucia filed on the Ontario Court (General Department) a petition for splitting up facing appellant that was provided 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.
Taking that it argument to help you its logical completion, for courtroom motives, petitioner wasn’t married so you can Lucia during the time the guy developed the marriage having Maria Jececha
On September 21, 1993, accused registered a problem to possess judicial report out of nullity out-of matrimony regarding Regional Trial Judge off Bohol, docketed because the Municipal Instance No. 6020. The complaint seek (sic) as well as others, the latest report out-of nullity off accused’s wedding that have Lucia, on the ground you to definitely no wedding party indeed occurred.
ISSUE: Obtained Morigo have to have filed declaration on nullity out-of his wedding with Barrete ahead of his 2nd y circumstances.
RATIO: According to the idea of retroactivity off a marriage being announced gap ab initio, the two was basically never ever hitched from the beginning. Brand new package out of matrimony are null; it contains zero court effect. Brand new lifestyle together with authenticity of the very first relationships are an enthusiastic important section of the new crime of bigamy, it’s but logical you to definitely a belief to have said crime usually do not feel sustained in which there’s no very first wedding to speak of. The newest petitioner, need certainly to, perforce feel acquitted of your own 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:
A judicial declaration off nullity from an earlier marriage needs just before a following one can possibly become legally contracted. Individual who enters into a following marriage rather than first acquiring such as judicial y. Which principle is applicable even if the earlier connection try characterized by statutes given that emptiness.
It carries worrying even though that into the Negocio, the initial wedding got solemnized not just immediately following, however, twice: earliest ahead of a courtroom in which a wedding certification is duly issued following once again half a year later on ahead of a priest when you look at the spiritual rites. Basically, about, the initial relationship appeared to has actually transpired, even though later on stated gap abdominal initio.
On instantaneous case, although not, no wedding party after all is did by the a duly signed up solemnizing manager. Petitioner and Lucia Barrete merely finalized a marriage bargain on their individual. The latest simple private act off finalizing a marriage package carries zero semblance to help you a valid matrimony which means, needs no judicial statement of nullity. Such operate by yourself, instead even more, cannot be deemed to compose a basically good relationships in which petitioner might possibly be held liable for bigamy until the guy first obtains a judicial declaration out of nullity prior to the guy deals a consequent marriage.
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. Under the situations of present circumstances, we held that petitioner have not enough 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.