MORIGO Vs. Anyone
FACTS: Each other agreed to get married, thus they were married on August 30, 1990 at the Iglesia de Filipina Nacionalat Catagdaan, Pilar, Bohol.
On August https://datingranking.net/ 19, 1991, Lucia recorded to your Ontario Legal (General Section) a beneficial petition to own divorce case up against appellant that has been offered because of 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 so it conflict so you’re able to its logical conclusion, having court objectives, petitioner wasn’t partnered so you can Lucia during the time the guy developed the marriage which have Maria Jececha
On September 21, 1993, accused submitted an issue to have official report of nullity away from wedding about Local Demonstration Legal from Bohol, docketed as Civil Situation No. 6020. The fresh problem find (sic) yet others, the new statement from nullity out of accused’s wedding which have Lucia, on to the ground one no wedding party in reality taken place.
ISSUE: Won Morigo have to have recorded report towards the nullity off his relationship which have Barrete just before their 2nd y circumstances.
RATIO: In principle out-of retroactivity from a married relationship being stated emptiness abdominal initio, the two was basically never ever hitched right from the start. The brand new package regarding relationships is actually null; they bears zero judge feeling. New lifetime additionally the validity of one’s first relationship becoming an enthusiastic crucial element of the brand new offense of bigamy, it is however, logical you to definitely a belief getting told you crime usually do not end up being sustained where there is absolutely no earliest wedding to dicuss regarding. New petitioner, need, perforce getting acquitted of the instant charges.
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 statement off nullity of a previous wedding is necessary ahead of a following it’s possible to end up being legally developed. Person who enters a consequent relationship in the place of basic obtaining particularly official y. It concept applies even when the earlier partnership was characterized by legislation once the emptiness.
They contains stressing even if you to definitely in the Mercado, the original wedding ended up being solemnized not simply immediately after, however, double: basic prior to a courtroom in which a married relationship certification is actually duly provided immediately after which again half a year later on ahead of an effective priest from inside the spiritual rites. Ostensibly, at the least, the first marriage did actually have transpired, regardless if after stated gap ab initio.
Regarding the immediate case, however, no wedding service after all try performed by a duly registered solemnizing officer. Petitioner and Lucia Barrete simply finalized a wedding package to their very own. This new simple individual operate of signing a marriage package carries no semblance in order to a valid wedding for example, requires no judicial report out of nullity. Eg act alone, rather than even more, cannot be considered to form a fundamentally appropriate relationship by which petitioner could be stored responsible for bigamy except if he first secures an official declaration out-of nullity just before he contracts 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. In situations of one’s expose circumstances, i held that petitioner hasn’t committed 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.