In the 1990, Lucia came back for the Philippines and you will advised in order to petition appellant to participate the girl when you look at the Canada

MORIGO Compared to. Someone

FACTS: Both 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 filed on the Ontario Legal (General Department) a petition for separation up against appellant which was offered by court on January 17, 1992 and to take effect on February 17, 1992.

On October 4, 1992, appellant Lucio Morigo partnered Maria Jececha Lumbago at the Virgen sa Barangay Parish, Tagbilaran City, Bohol.

On September 21, 1993, implicated filed an issue to have judicial report from nullity of relationship from the Local Demonstration Court from best hookup bar Las Cruces Bohol, docketed just like the Municipal Case Zero. 6020. Brand new grievance search (sic) as well as others, the fresh report regarding nullity off accused’s wedding that have Lucia, on the ground you to no wedding ceremony indeed taken place.

ISSUE: Acquired Morigo should have registered statement towards nullity out-of their relationship which have Barrete just before his 2nd y instance.

RATIO: According to the principle off retroactivity out-of a married relationship getting declared gap abdominal initio, the 2 was indeed never partnered from the beginning. The new deal off marriage was null; they bears zero legal perception. Bringing it disagreement to their analytical end, to own courtroom aim, petitioner was not married so you’re able to Lucia at the time the guy contracted the wedding which have Maria Jececha. The fresh new lifetime additionally the validity of your own earliest wedding getting an crucial element of the latest offense out of bigamy, it’s but logical you to a belief having told you crime try not to become suffered in which there is absolutely no basic marriage to speak away from. The fresh new petitioner, must, perforce feel acquitted of the immediate 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 declaration from nullity out-of a previous relationship required prior to a following one can become legally contracted. It idea can be applied even when the before commitment try characterized by statutes because the void.

They contains stressing regardless of if that in the Mercado, the initial wedding got solemnized not simply just after, however, double: first in advance of a court where a wedding certificate is properly issued and then once more 6 months after ahead of a priest inside the spiritual rites. Evidently, no less than, the original matrimony appeared to provides took place, even when after proclaimed gap abdominal initio.

One who enters into a subsequent matrimony versus first getting such judicial y

About immediate circumstances, however, no marriage ceremony at all is actually did from the a duly signed up solemnizing manager. Petitioner and you can Lucia Barrete just signed a married relationship offer on the own. The newest mere individual work away from signing a marriage package contains no semblance to help you a valid marriage and thus, needs zero judicial report from nullity. Such as for example operate by yourself, in place of a lot more, cannot be deemed so you can compose an ostensibly valid marriage for which petitioner was held accountable for bigamy until he earliest obtains a judicial statement of nullity prior to 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. In affairs of one’s expose circumstances, i held one petitioner has not yet the amount of 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.