MORIGO Compared to. Somebody
FACTS: One another wanted 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 on the Ontario Courtroom (Standard Department) a beneficial petition getting divorce proceedings up against appellant which had been supplied because of the courtroom on January 17, 1992 and to take effect on February 17, 1992.
On October 4, 1992, appellant Lucio Morigo married Maria Jececha Lumbago at the Virgen sa Barangay Parish, Tagbilaran City, Bohol.
Delivering this dispute so you can its logical end, to possess courtroom objectives, petitioner wasn’t married so you’re able to Lucia at that time top free dating sites the guy developed the wedding that have Maria Jececha
On September 21, 1993, implicated filed an ailment getting official report out of nullity of matrimony throughout the Local Demo Court regarding Bohol, docketed because the Municipal Circumstances Zero. 6020. The newest complaint search (sic) and others, the statement out-of nullity off accused’s wedding with Lucia, on the floor one to zero marriage ceremony actually occurred.
ISSUE: Obtained Morigo need to have filed declaration for the nullity away from their relationship which have Barrete prior to his second y situation.
RATIO: Within the principle from retroactivity of a marriage becoming stated gap abdominal initio, the two had been never ever married from the beginning. The fresh new offer out-of matrimony try null; they holds zero judge impact. The newest lives in addition to legitimacy of your own basic relationship getting an essential section of the latest crime out-of bigamy, it is but analytical one a conviction for said crime try not to be sustained where there isn’t any basic relationships to speak out-of. This new petitioner, must, perforce getting acquitted of one’s instant 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 statement regarding nullity of a past matrimony is necessary before a following it’s possible to feel legitimately developed. Individual that goes into a following wedding versus earliest getting such as for instance official y. It concept can be applied even when the before commitment is actually characterized by laws and regulations as emptiness.
It bears worrying even in the event one for the Mercado, the initial relationships had been solemnized just just after, however, twice: basic in advance of a legal in which a wedding certification is properly given following once again half a year afterwards in advance of an excellent priest in the spiritual rites. Ostensibly, at the least, the initial marriage appeared to have went down, in the event later declared emptiness abdominal initio.
On the immediate circumstances, however, no wedding party at all is actually did because of the a duly signed up solemnizing manager. Petitioner and you may Lucia Barrete only signed a marriage contract on the very own. New simple individual act regarding signing a marriage offer carries no semblance so you’re able to a valid wedding for example, needs no judicial report away from nullity. Including work by yourself, in place of so much more, can’t be deemed to help you form a basically good wedding in which petitioner could well be stored liable for bigamy unless of course the guy earliest secures an official statement of nullity just before the guy agreements a consequent 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 your own expose instance, we kept one petitioner has not 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.
