MORIGO Vs. Individuals
FACTS: Both offered 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 on the Ontario Legal (General Department) a good petition getting separation 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.
On September 21, 1993, implicated recorded a criticism to have official report off nullity off matrimony regarding the Regional Trial Judge out-of Bohol, docketed since Municipal Circumstances Zero. 6020. New ailment find (sic) and others, the fresh new statement from nullity of accused’s relationship having Lucia, on the ground that no wedding service in reality occurred.
ISSUE: Obtained Morigo should have filed report on the nullity away from their matrimony that have Barrete just before their second y situation.
RATIO: According to the principle from retroactivity out of a married relationship getting declared void abdominal initio, both have been never ever hitched right away. The deal away from matrimony try null; they bears no judge perception. Bringing which conflict to help you their analytical end, to possess legal purposes, petitioner was not hitched to Lucia during the time the guy contracted the marriage that have Maria Jececha. The brand new existence therefore the validity of very first relationships being an enthusiastic very important part of the fresh new offense out-of bigamy, it is however, logical that a conviction to own said crime never be suffered where there is no very first relationships to dicuss off. The fresh new petitioner, have to, perforce feel acquitted of instant fees.
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 out-of nullity off a past wedding needs prior to a consequent it’s possible to feel legitimately developed. Which idea can be applied even if the before connection is described as laws since emptiness.
They bears worrying although one inside Mercado, the first relationship ended up being solemnized besides immediately following, however, double: very first before a judge in which a marriage certification is properly granted right after which once more half a year after ahead of a priest in the spiritual rites. Ostensibly, no less than, the initial marriage seemed to have transpired, although later declared void ab initio.
Individual that enters into a following relationship instead basic getting like official y
Throughout the immediate instance, not, no wedding ceremony after all is actually performed by a duly subscribed solemnizing manager. Petitioner and you may Lucia Barrete merely finalized a married relationship deal to their very own. This new mere private act of signing a wedding deal carries no semblance in order to a valid relationship meaning that, needs zero judicial statement out of nullity. Like operate alone, in place of a lot more, can not be deemed so you can constitute an evidently good relationships for which petitioner might possibly be kept accountable for bigamy except if the guy first obtains an official statement https://datingranking.net/local-hookup/greensboro/ away from nullity before he contracts a following 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 facts of the establish instance, we stored you to definitely petitioner has not yet 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.