MORIGO Compared to. Anyone
FACTS: Each other accessible 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 registered to your Ontario Legal (Standard Office) an excellent petition to possess split up against appellant which had been provided by 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.
Getting so it dispute so you’re able to their analytical end, for judge aim, petitioner wasn’t married in order to Lucia during the time he developed the marriage that have Maria Jececha
On September 21, 1993, accused recorded a problem for judicial declaration of nullity away from marriage on Local Trial Legal out-of Bohol, docketed given that Civil Situation No. 6020. The newest ailment look for (sic) as well as others, the fresh new statement off nullity of accused’s wedding having Lucia, on to the floor one zero wedding service in fact happened.
ISSUE: Acquired Morigo must have submitted statement with the nullity away from his relationships having Barrete before his next y instance.
RATIO: Beneath the concept of retroactivity out of a marriage getting stated emptiness ab initio, both had been never ever hitched from the beginning. New price of relationships is null; they holds no court impact. The latest lifestyle additionally the validity of your own basic marriage are an very important section of the fresh offense of bigamy, it is however, logical one a conviction for told you offense do not end up being suffered where there isn’t any very first marriage to speak regarding. The new petitioner, need to, perforce getting acquitted of the instantaneous 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 real hookup Visalia likewise obtained after the second marriage was already celebrated. We held therein that:
An official report of nullity away from a previous relationships becomes necessary prior to a consequent it’s possible to be legitimately contracted. Person who enters into a consequent relationships in place of first acquiring particularly judicial y. So it concept is applicable even when the prior to connection was characterized by regulations once the emptiness.
It bears stressing even in the event that in the Negocio, the initial marriage ended up being solemnized besides just after, however, double: basic ahead of a judge where a marriage certificate are duly awarded after which once more half a year afterwards prior to a great priest inside the religious rites. Fundamentally, at least, the initial marriage seemed to has actually took place, even if later on announced void abdominal initio.
About immediate case, although not, zero wedding service after all is actually performed because of the a properly subscribed solemnizing officer. Petitioner and you may Lucia Barrete simply finalized a marriage package on the very own. The mere private act out-of finalizing a wedding price carries no semblance in order to a legitimate wedding for example, demands zero official statement regarding nullity. Including operate by yourself, instead a whole lot more, can not be considered to help you make-up an evidently valid relationship for which petitioner would be held responsible for bigamy until the guy basic obtains an official report regarding nullity just before the guy agreements a consequent 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. According to the items of your introduce case, we kept one 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.