Within the 1990, Lucia returned on Philippines and you may advised so you’re able to petition appellant to participate the lady within the Canada

MORIGO Against. People

FACTS: Both offered 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 filed on the Ontario Courtroom (General Section) a beneficial petition having separation and divorce up against appellant which had been offered from the judge 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.

Delivering which disagreement so you can the analytical achievement, getting courtroom intentions, petitioner was not married to help you Lucia at the time he developed the wedding that have Maria Jececha

On September 21, 1993, accused registered a criticism to possess judicial statement off nullity away from matrimony about Local Trial Courtroom out of Bohol, docketed while the Civil Instance No. 6020. The problem seek (sic) as well as others, the statement out-of nullity away from accused’s wedding which have Lucia, on the ground one to zero wedding party indeed taken place.

ISSUE: Claimed Morigo should have filed statement with the nullity out-of his matrimony having Barrete ahead of their 2nd y situation.

RATIO: In idea away from retroactivity regarding a wedding are proclaimed void ab initio, the 2 was never partnered right from the start. The fresh contract regarding relationships try null; it contains zero courtroom perception. The fresh lifestyle together with legitimacy of your own basic marriage being an enthusiastic important section of the fresh offense off bigamy, it’s but logical that a conviction to have said crime try not to end up being suffered in which there is no basic wedding to speak from. The newest petitioner, need, perforce become acquitted of the instant 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 from nullity regarding a previous relationships is required in advance of a subsequent one can possibly be legitimately developed. Individual that gets into a subsequent marriage instead of basic getting such as for instance judicial y. That it idea enforce even when the earlier partnership try described as rules while the void.

They carries worrying even if you to definitely in Negocio, the initial matrimony is solemnized besides immediately following, but double: earliest ahead of a court where a marriage certification is duly approved then again half a year later on just before good priest during the religious rites. Ostensibly, about, the first marriage did actually has actually went down, regardless of if afterwards declared emptiness ab initio.

In the instantaneous case, yet not, zero marriage service after all try did because of the a properly licensed solemnizing manager. Petitioner and Lucia Barrete merely finalized Christian dating review a marriage bargain on their individual. Brand new simple individual operate out of finalizing a wedding contract carries zero semblance in order to a valid relationship for example, means zero judicial report of nullity. Instance operate by yourself, rather than significantly more, can’t be considered in order to form an evidently legitimate relationships by which petitioner would-be stored liable for bigamy except if the guy first obtains a judicial statement out-of nullity just before the guy agreements a subsequent 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. Within the points of your own establish case, we stored that petitioner has not 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.