In the 1990, Lucia returned into Philippines and advised so you’re able to petition appellant to become listed on this lady into the Canada

In the 1990, Lucia returned into Philippines and advised so you’re able to petition appellant to become listed on this lady into the Canada

MORIGO Versus. Somebody

FACTS: One another accessible to wed, thus they were married on August 30, 1990 at the Iglesia de Filipina Nacionalat Catagdaan, Pilar, Bohol.

On August 19, 1991, Lucia registered towards the Ontario Judge (Standard Division) a beneficial petition having breakup facing appellant that has been granted by the legal 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 recorded a complaint for judicial report from nullity regarding marriage from the Local Demonstration Courtroom out of Bohol, docketed given that Municipal Instance No. 6020. The complaint search (sic) as well as others, new declaration out of nullity from accused’s relationship with Lucia, on to the floor you to no wedding party in fact happened.

ISSUE: Obtained Morigo should have filed report towards nullity out of their relationships having Barrete before his next y situation.

RATIO: In concept regarding retroactivity from a married relationship becoming announced gap abdominal initio, the two was in fact never partnered from the beginning. The latest deal out of matrimony was null; it bears no legal impact. Delivering this disagreement to help you their logical conclusion, to have court objectives, petitioner was not married so you’re able to Lucia during the time he contracted the marriage that have Maria Jececha. The new lifestyle plus the validity of the basic relationships are an very important part of the latest offense off bigamy, it is however, logical one a conviction to have told you crime try not to become sustained where there is no earliest marriage to speak out-of. This new petitioner, need certainly to, perforce be acquitted of instant costs.

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 regarding nullity off an earlier marriage is required in advance of a consequent you can end up being legally developed. This idea can be applied even if the prior to relationship was described as rules while the gap.

It holds worrying even when one into the Mercado, the first relationship is solemnized not just just after, but twice: very first ahead of a judge in which a wedding certificate was duly provided after which again 6 months later on prior to an effective priest within the religious rites. Ostensibly, at least, the original marriage seemed to enjoys went down, even though after proclaimed emptiness abdominal initio.

Individual that enters a consequent marriage rather than very first acquiring including judicial y

About instant circumstances, although not, no wedding anyway are did by the a properly authorized solemnizing manager. Petitioner and you can Lucia Barrete merely finalized a marriage deal on their own. The fresh new simple personal act of finalizing a married relationship price holds no semblance in order to a valid relationship which means, requires zero judicial report from nullity. For example act alone, instead a whole lot more, can not be deemed to comprise an ostensibly legitimate relationships where petitioner would be held responsible for bigamy until the guy earliest protects a judicial report from nullity prior to he agreements a consequent relationship.

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 activities of one’s establish instance, we kept you to definitely petitioner has not 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.

Leave a Reply