MORIGO Compared to. Some body

FACTS: Both offered 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 filed to the Ontario Judge (Standard Office) an effective petition to possess divorce facing appellant that was provided of the court 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.

Taking this conflict to its analytical conclusion, to own courtroom intentions, petitioner was not partnered to Lucia during the time he contracted the wedding having Maria Jececha

On September 21, 1993, accused submitted an issue getting judicial declaration out of nullity off wedding about Regional Demo Courtroom from Bohol, docketed since Municipal Instance No. 6020. The new criticism look for (sic) as well as others, the new declaration off nullity of accused’s relationships that have Lucia, on to the floor one to zero wedding actually took place.

ISSUE: Claimed Morigo must have submitted report toward nullity off his wedding with Barrete just before his second y situation.

RATIO: In concept off retroactivity of a wedding being stated void ab initio, both were never hitched right away. The new deal out-of relationships is actually null; they carries zero legal feeling. The fresh new existence and authenticity of your first wedding becoming an enthusiastic essential part of this new crime out-of bigamy, it’s but analytical you to definitely a conviction for told you crime don’t feel sustained where there is absolutely no earliest relationships to speak off. The brand new petitioner, must, perforce end up being acquitted of your instantaneous charge.

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 report from nullity out-of an earlier relationships required just before a consequent you can feel legitimately contracted. One who goes in a consequent wedding instead of basic getting like judicial y. Which concept can be applied even when the before connection is characterized by regulations just like the gap.

It bears stressing even if one to during the Negocio, the initial wedding was actually solemnized not only shortly after, but double: very first prior to a legal in which a marriage certificate is duly approved then once more 6 months later ahead of a great priest during the religious rites. Basically, at least, the original marriage did actually provides transpired, even when afterwards stated emptiness abdominal initio.

Regarding the immediate situation, but not, zero wedding service whatsoever is actually did because of the a properly authorized solemnizing officer. Petitioner and you will Lucia Barrete just signed a married relationship bargain to their own. Brand new mere individual work regarding finalizing a wedding contract contains zero semblance to help you a legitimate wedding which means, needs zero judicial report from nullity. Such as act alone, as opposed to even more, can not be deemed to make-up an ostensibly valid relationship by which petitioner was kept accountable for bigamy unless of course he first obtains a judicial report away from nullity in advance of he deals 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 https://datingranking.net/420-dating/ of innocence to ensure that justice is done. Underneath the activities of your own introduce situation, i held you to definitely petitioner have not 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.