From inside the 1990, Lucia returned into Philippines and you may proposed so you’re able to petition appellant to become listed on this lady in Canada

MORIGO Compared to. Individuals

FACTS: Each other provided to marry, thus they were married on August 30, 1990 at the Iglesia de Filipina Nacionalat Catagdaan, Pilar, Bohol.

On August 19, 1991, Lucia recorded into Ontario Court (Standard Department) a petition having divorce facing appellant that has been granted by 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.

Delivering so it dispute to the analytical completion, to own court aim, petitioner was not hitched to help you Lucia at the time the guy developed the marriage having Maria Jececha

On September 21, 1993, accused registered a criticism getting official statement regarding nullity regarding wedding throughout the Local Demo Legal from Bohol, docketed once the Civil Case No. 6020. The newest problem look for (sic) yet others, the new declaration of nullity regarding accused’s matrimony with Lucia, on the floor one to zero wedding party in reality taken place.

ISSUE: Acquired Morigo need recorded declaration toward nullity out of his relationships with Barrete before their second y instance.

RATIO: Beneath the concept away from retroactivity from a marriage getting stated emptiness abdominal initio, both were never ever partnered right away. The brand new price out-of matrimony was null; it carries zero judge feeling. The fresh new existence as well as the legitimacy of your own earliest relationship becoming an enthusiastic crucial section of the newest crime away from bigamy, it’s but analytical one to a belief to own said offense cannot end up being sustained where there is absolutely no first marriage to dicuss of. New petitioner, need certainly to, perforce be acquitted of your own quick 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:

A judicial report from nullity out-of an earlier marriage becomes necessary ahead of a following one could become legally developed. One who switches into a subsequent marriage instead very first acquiring such as for example official y. So it idea is applicable even if the earlier union is actually characterized by rules as emptiness.

It bears worrying whether or not one when you look at the Negocio, the initial relationship got solemnized not just after, but twice: basic prior to a judge in which a married relationship certificate is actually properly provided after which again half a year afterwards ahead of an effective priest for the spiritual rites. Evidently, about, the initial wedding did actually enjoys took place, whether or not afterwards stated void ab initio.

Regarding the instantaneous circumstances, however, no wedding party after all are performed by the a duly signed up solemnizing officer. Petitioner and you will Lucia Barrete merely signed a married relationship offer on their own. The new simple private act away from finalizing a wedding package carries zero semblance so you can a legitimate marriage which means, requires no judicial declaration away from nullity. Eg act by yourself, rather than more, can not be deemed in order to comprise an ostensibly good relationships in which petitioner will be stored liable for bigamy except if he earliest obtains an official report out of nullity in advance of he deals a consequent marriage.

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. Beneath the items of the establish situation, i kept one to petitioner has not 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.