MORIGO Against. Somebody
FACTS: One another provided to get married, thus they were married on August 30, 1990 at the Iglesia de Filipina Nacionalat Catagdaan, Pilar, Bohol.
On August 19, 1991, Lucia recorded toward Ontario Court (Standard Office) a good petition having splitting up facing appellant which had been offered from the judge 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.
On September 21, 1993, implicated recorded an ailment having judicial statement out of nullity away from relationship regarding Local Demo Legal off Bohol, docketed given that Civil Instance No. 6020. The fresh new criticism find (sic) yet others, the latest declaration away from nullity away from accused’s relationships having Lucia, on to the floor you to definitely no marriage ceremony in fact happened.
ISSUE: Obtained Morigo should have submitted declaration towards the nullity from his wedding that have Barrete ahead of their 2nd y case.
RATIO: Under the principle from retroactivity off a wedding being declared gap ab initio, the two was indeed never married right from the start. The brand new price away from marriage is actually null; it holds zero legal perception. Providing that it dispute so you can their analytical end, to own legal aim, petitioner was not partnered to help you Lucia during the time he contracted the marriage which have Maria Jececha. The latest existence while the legitimacy of basic matrimony getting an extremely important element of the brand new offense of bigamy, it’s however, logical that a conviction to have told you offense never end up being suffered in which there is absolutely no very first matrimony to dicuss regarding. The new petitioner, must, perforce end up being acquitted of your instantaneous 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:
An official gay hookup Atlanta statement from nullity regarding a past wedding becomes necessary in advance of a consequent one can possibly end up being lawfully contracted. That it concept applies even when the before partnership is actually characterized by rules once the void.
They holds stressing though one to into the Mercado, the initial relationships was actually solemnized not only once, but twice: basic just before a legal where a wedding certificate is actually properly issued following again 6 months afterwards before good priest within the religious rites. Fundamentally, at the least, the original relationships seemed to have took place, although after announced gap abdominal initio.
Individual that enters into a subsequent wedding in place of very first obtaining for example official y
Throughout the quick circumstances, although not, zero wedding party whatsoever are did of the a properly subscribed solemnizing manager. Petitioner and you can Lucia Barrete just finalized a marriage price on their very own. Brand new simple individual work regarding signing a married relationship deal contains no semblance so you’re able to a legitimate relationships and therefore, needs no judicial declaration away from nullity. Such as for example act by yourself, without alot more, can’t be deemed so you can form a fundamentally appropriate matrimony whereby petitioner would-be kept accountable for bigamy until he earliest obtains a judicial report away from nullity before he deals a subsequent relationship.
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. Under the circumstances of your own establish circumstances, i kept that petitioner hasn’t 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.