MORIGO Against. Some one
FACTS: Each other wanted to marry, thus they were married on August 30, 1990 at the Iglesia de Filipina Nacionalat Catagdaan, Pilar, Bohol.
On August 19, 1991, Lucia submitted into Ontario Judge (Standard Office) a good petition having divorce case up against appellant that has been provided by the courtroom 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 registered a problem to own judicial declaration away from nullity from relationships on Regional Trial Judge regarding Bohol, docketed because Municipal Case Zero. 6020. The latest issue seek (sic) as well as others, new report from nullity out-of accused’s matrimony with Lucia, on the ground one no marriage service indeed happened.
ISSUE: Acquired Morigo have to have registered statement on the nullity away from their marriage with Barrete in advance of his second y instance.
RATIO: According to the principle of retroactivity of a married relationship getting announced emptiness ab initio, the 2 have been never married from the beginning. New price away from relationship is actually null; it contains no courtroom perception. Providing so it dispute so you can the analytical end, to possess legal motives, petitioner wasn’t hitched so you’re able to Lucia at the time the guy contracted the wedding having Maria Jececha. The newest lifetime and the validity of your first marriage becoming an enthusiastic crucial part of the newest crime of bigamy, it’s but logical that a conviction to own told you offense try not to be suffered in which there’s absolutely no very first relationships to speak out of. Brand new petitioner, need certainly to, perforce getting acquitted of your quick 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 declaration out-of nullity out of a past relationship required before a consequent it’s possible to feel lawfully contracted. So it concept can be applied even if the before relationship try described as legislation while the emptiness.
They contains stressing even though you to inside the Mercado, the original marriage was actually solemnized not simply just after, however, double: basic just before a court in which a wedding certificate was duly approved following once again six months later on before a good priest for the spiritual rites. Basically, at the least, the initial matrimony seemed to have transpired, even when later on declared emptiness ab initio.
Individual that enters a subsequent wedding without very first obtaining for example judicial y
Regarding quick instance, however, zero wedding party anyway is performed of the a duly authorized solemnizing officer. Petitioner and you can Lucia Barrete just finalized a marriage price to their individual. New mere personal work off signing a wedding bargain holds zero semblance so you’re able to a valid matrimony and thus, requires no judicial report off nullity. Eg work alone, in place of a lot more, can’t be considered in order to form an ostensibly appropriate relationship wherein petitioner could well be stored responsible for bigamy unless of course the guy basic protects a judicial report off nullity just before he deals a following matrimony.
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 things of establish instance, i kept you to petitioner have not the full 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.
