MORIGO Against. Anybody
FACTS: Each other provided 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 recorded on Ontario Judge (General Section) a good petition to have divorce proceedings facing appellant that was offered by 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.
On September 21, 1993, accused filed an issue to have official declaration away from nullity away from relationships regarding the Regional Demo Court out of Bohol, docketed due to the fact Municipal Instance No. 6020. The fresh criticism find (sic) and others, brand new report from El Paso free hookup website nullity from accused’s matrimony that have Lucia, on to the floor that no wedding service indeed occurred.
ISSUE: Claimed Morigo must have filed declaration with the nullity regarding his wedding having Barrete before their second y case.
RATIO: According to the idea regarding retroactivity out-of a married relationship becoming declared gap ab initio, the two had been never ever hitched from the beginning. The newest package out-of wedding is actually null; they holds no legal impact. Providing this argument to its analytical achievement, having legal intentions, petitioner wasn’t married so you’re able to Lucia at the time he contracted the wedding with Maria Jececha. This new existence and the authenticity of your earliest relationships are an essential element of new offense off bigamy, it is however, analytical one a belief getting told you offense never end up being suffered where there’s absolutely no first relationship to dicuss out of. The petitioner, have to, perforce be acquitted of your own immediate 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 report out-of nullity away from a past marriage needs prior to a subsequent one could getting legally developed. This idea is applicable even when the before partnership is described as rules once the gap.
They bears stressing regardless of if one in Mercado, the original wedding had been solemnized besides immediately following, but twice: basic in advance of a judge where a wedding certificate is properly granted right after which again six months afterwards in advance of a good priest during the spiritual rites. Basically, at the very least, the original wedding appeared to has took place, although afterwards announced emptiness abdominal initio.
Person who adopts a following relationships instead of very first acquiring like official y
Throughout the immediate situation, but not, zero wedding ceremony after all try did because of the a properly licensed solemnizing manager. Petitioner and you can Lucia Barrete just closed a wedding package to their own. New mere individual work out-of finalizing a wedding package contains no semblance to help you a legitimate marriage which means that, means no official declaration of nullity. Such as for example work by yourself, instead even more, cannot be considered to help you compensate a basically valid matrimony for which petitioner could well be held accountable for bigamy except if he basic secures a judicial declaration out-of nullity before the guy deals a consequent relationships.
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. Underneath the facts of your expose instance, i kept you to petitioner has never 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.