Inside the 1990, Lucia returned into the Philippines and advised to petition appellant to participate the girl inside the Canada

MORIGO Versus. Anybody

FACTS: Both 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 filed with the Ontario Legal (General Office) an effective petition for breakup facing appellant that was provided by courtroom 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.

Providing that it conflict to their analytical completion, to have courtroom objectives, petitioner was not partnered so you can Lucia during the time the guy developed the wedding with Maria Jececha

On September 21, 1993, implicated filed an issue to own judicial report off nullity from relationship about Local Demo Judge out-of Bohol, docketed just like the Civil Instance No. 6020. New ailment seek (sic) as well as others, new report out of nullity from accused’s relationship having Lucia, on to the floor you to definitely no wedding service in reality took place.

ISSUE: Obtained Morigo need filed declaration towards the nullity of their matrimony which have Barrete before their 2nd y case.

RATIO: In principle out of retroactivity of a wedding being declared emptiness ab initio, the two was in fact never married right away. New package of wedding was null; it carries zero judge perception. The new life as well as the validity of your own earliest wedding becoming an enthusiastic very important section of the crime out-of bigamy, it is but logical you to definitely a belief getting told you crime try not to getting suffered in which there’s absolutely no basic relationship to speak from. Brand new petitioner, must, perforce be acquitted of one’s immediate 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:

A judicial report of nullity out-of a past relationship is needed in advance of a following one could become legitimately contracted. Person who goes in a following relationship in place of first acquiring particularly judicial y. This idea is applicable even when the before union is characterized by regulations since gap.

They holds stressing regardless if you to from inside the Mercado, the first relationship was actually solemnized just immediately after, however, twice: very first just before a legal in which a married relationship certificate is actually duly given immediately after which once more six months after just before a great priest when you look at the spiritual rites. Evidently, at least, the first relationship appeared to provides transpired, regardless if afterwards proclaimed emptiness abdominal initio.

From the instant instance, yet not, no wedding ceremony at all is performed of the a duly subscribed solemnizing administrator. Petitioner and you may Lucia Barrete simply finalized a wedding deal to their own. New mere individual act from finalizing a wedding bargain holds no semblance so you’re able to a valid relationship which means, need zero judicial declaration of nullity. Like act by yourself, in the place of way more, cannot be deemed to help you compensate a basically appropriate relationship wherein petitioner would be kept liable for bigamy unless of course the guy very first obtains an official statement out-of nullity just before he contracts a following 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. In situations of present case free dating sites totally free, we kept one to petitioner has never enough 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.