26/09/2022
MORIGO Versus. Some body
FACTS: Both wanted 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 for the Ontario Legal (General Office) a great petition to own splitting up facing appellant that has been granted by the 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.
On September 21, 1993, accused filed a grievance having judicial report off nullity away from marriage in the Local Trial Courtroom away from Bohol, docketed given that Civil Instance No. 6020. The new grievance search (sic) yet others, the brand new statement regarding nullity from accused’s matrimony with Lucia, on the floor you to zero wedding service in reality taken place.
ISSUE: Obtained Morigo have to have filed statement on nullity out-of their relationships having Barrete ahead of his next y circumstances.
RATIO: Underneath the principle from retroactivity away from a wedding being stated emptiness ab initio, the two was in fact never partnered right from the start. The new bargain out of wedding was null; they holds zero judge impression. Getting that it dispute to help you their analytical achievement, getting judge aim, petitioner wasn’t hitched so you’re able to Lucia during the time the guy developed the marriage which have Maria Jececha. The life plus the validity of very first wedding getting an very important part of the brand new offense off bigamy, it is however, analytical one a belief having said crime dont be sustained in which there’s no earliest wedding to speak off. The fresh 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 local hookup near me Tacoma statement off nullity out-of an earlier wedding is necessary just before a consequent one can become legitimately developed. So it principle is applicable even when the earlier connection try characterized by rules since the gap.
They bears stressing even in the event that in the Mercado, the first relationships had been solemnized just just after, however, double: first prior to a court where a wedding certification is properly issued immediately after which once again half a year later on ahead of a priest within the religious rites. Basically, about, the first marriage appeared to has took place, regardless if afterwards declared emptiness abdominal initio.
Person who goes in a consequent matrimony in the place of first getting for example official y
Throughout the immediate circumstances, not, no wedding party at all is actually performed because of the a duly licensed solemnizing administrator. Petitioner and you will Lucia Barrete merely closed a wedding package on their own. Brand new mere individual work out-of finalizing a marriage contract contains no semblance to help you a valid relationships which means, means no official statement out of nullity. Like operate alone, without a whole lot more, can’t be deemed so you’re able to create an ostensibly appropriate matrimony wherein petitioner would be held accountable for bigamy except if he very first protects an official declaration from nullity prior to he deals a subsequent 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 facts of one’s expose instance, we stored one petitioner have 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.