MORIGO Against. Someone
FACTS: One another offered 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 the Ontario Court (General Department) an effective petition for divorce proceedings facing appellant which was provided by the courtroom on January 17, 1992 and to take effect on February 17, 1992.
On October 4, 1992, appellant Lucio Morigo married Maria Jececha Lumbago at the Virgen sa Barangay Parish, Tagbilaran City, Bohol.
Bringing this argument so you can the logical end, to possess judge purposes, petitioner was not married to help you Lucia at the time he developed the marriage with Maria Jececha
On September 21, 1993, implicated submitted a grievance having judicial declaration out of nullity of relationship in the Regional Demo Courtroom away from Bohol, docketed as Municipal Instance No. 6020. The brand new grievance look for (sic) and others, the brand new report regarding nullity from accused's matrimony having Lucia, on the ground you to definitely no wedding party actually taken place.
ISSUE: Acquired Morigo have to have submitted statement on nullity out of his marriage which have Barrete ahead of his 2nd y situation.
RATIO: Within the concept of retroactivity of a marriage are announced gap abdominal initio, the two was indeed never partnered right from the start. The brand new bargain of relationship try null; they contains zero judge effect. The newest life and also the validity of the basic wedding getting a keen extremely important section of the newest crime off bigamy, it’s but logical you to a belief to have told you offense do not getting sustained where there's absolutely no basic relationships to dicuss away from. The latest petitioner, have to, perforce feel acquitted of one's quick 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:
An official statement off nullity off a past relationships is required ahead of a following you can getting legally developed. One who adopts a subsequent wedding instead of basic getting like official y. So it principle enforce even when the before connection is characterized by statutes since the emptiness.
It carries worrying even if one to when you look at the Mercado, the first relationships was solemnized besides after, but twice: first prior to a courtroom in which a wedding certificate are duly given immediately after which once again six months afterwards ahead of a beneficial priest during the spiritual rites. Evidently, no less than, the first relationship seemed to features went down, even when later announced void abdominal initio.
Regarding quick case, not, zero wedding ceremony at all was performed because of the a duly licensed solemnizing officer. Petitioner and you may Lucia Barrete just closed a marriage bargain to their individual. The latest mere individual work out-of signing a marriage price bears no semblance to help you a legitimate matrimony and thus, demands zero official declaration out of nullity. Instance operate by yourself, rather than much more, can not be considered so you're able to make-up an ostensibly appropriate relationships which petitioner might be stored accountable for bigamy unless of course he Android dating site very first protects a judicial report of nullity ahead of he deals a subsequent wedding.
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 one's expose circumstances, i kept you to petitioner has never 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.
