MORIGO Versus. People
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 submitted to the Ontario Legal (General Division) a great petition for divorce or separation up against appellant that has been offered of the court 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.
Providing so it argument so you’re able to their logical achievement, to possess courtroom purposes, petitioner wasn’t hitched so you can Lucia at the time the guy contracted the marriage that have Maria Jececha
On September 21, 1993, implicated recorded a grievance to own official statement off nullity off relationships on Regional Trial Legal from Bohol, docketed while the Municipal Situation Zero. 6020. The latest problem seek (sic) as well as others, the new report off nullity out-of accused’s relationships that have Lucia, on the floor that zero wedding in reality taken place.
ISSUE: Acquired Morigo need registered statement with the nullity away from his relationships having Barrete prior to his next y case.
RATIO: According to the principle out of retroactivity off a marriage getting stated void abdominal initio, the 2 had been never ever married right from the start. The latest package out of relationships was null; they carries zero legal feeling. The newest life and also the legitimacy of your first marriage becoming an essential part of new offense away from bigamy, it’s but logical one a belief to possess said offense never feel suffered where there’s absolutely no first relationship to dicuss out of. The new petitioner, need to, perforce feel acquitted of one’s instant 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 statement of nullity out-of a past relationships is required before a following it’s possible to getting lawfully contracted. Individual who adopts a subsequent relationship versus basic obtaining such judicial y. Which principle can be applied even when the before union was characterized by laws and regulations as the emptiness.
It contains worrying whether or not one to when you look at the Mercado, the original relationship was solemnized just immediately after, however, twice: very first in advance of a court in which a marriage certificate is actually duly issued after which once again 6 months after ahead of a priest during the religious rites. Evidently, no less than, the original marriage seemed to enjoys took place, even when afterwards stated emptiness abdominal initio.
From the quick circumstances, yet not, no wedding service anyway was performed by the a properly registered solemnizing officer. Petitioner and you will Lucia Barrete merely finalized a married relationship bargain to their own. The brand new simple individual operate away from signing a married relationship offer contains zero semblance to a legitimate relationship and thus, means zero judicial declaration away from nullity. Eg operate by yourself, in place of more, cannot be considered to compose an evidently good wedding whereby petitioner might be held responsible for bigamy except if he first secures a judicial declaration of nullity just before he deals a following wedding.
The law abhors an injustice and the Court is mandated to liberally construe a penal statute in favor of an accused black dating sites and weigh every circumstance in favor of the presumption of innocence to ensure that justice is done. Underneath the affairs of your own present case, we held that petitioner has not yet the 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.
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