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When you look at the 1990, Lucia returned towards Philippines and you may advised to petition appellant to become listed on this lady into the Canada

When you look at the 1990, Lucia returned towards Philippines and you may advised to petition appellant to become listed on this lady into the Canada

MORIGO Against. Individuals

FACTS: One another 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 recorded to the Ontario Courtroom (Standard Section) an excellent petition to own divorce against appellant that was provided of the judge 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, accused filed a problem getting official statement regarding nullity out-of relationships throughout the Local Demo Court away from Bohol, docketed since the Municipal Situation No. 6020. Brand new criticism seek (sic) among others, the report away from nullity out-of accused’s wedding having Lucia, on the ground you to no wedding party indeed taken place.

ISSUE: Claimed Morigo must have registered report towards nullity off his marriage that have Barrete ahead of his second y instance.

RATIO: Under the idea away from retroactivity regarding a marriage are declared gap abdominal initio, the two have been never ever married right away. The package regarding matrimony was null; they contains zero judge impression. Providing which conflict to the analytical completion, getting court objectives, petitioner wasn’t married so you’re able to Lucia at the time he developed the wedding having Maria Jececha. The brand new existence and the legitimacy of the basic matrimony becoming an enthusiastic crucial part of the fresh new crime away from bigamy, it’s however, logical you to definitely a belief having said offense do not become sustained where there isn’t any earliest relationship to dicuss out-of. The newest petitioner, have to, perforce end up being acquitted of your own instant 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 statement of nullity out of a past marriage will become necessary in advance of a following one can possibly be legally developed. It principle applies even when the before commitment is actually described as guidelines as the emptiness.

They carries worrying whether or not that inside the Negocio, the first relationships got solemnized not just after, however, double: very first prior to a court in which a married relationship certification is actually properly issued after which once more six months later on prior to an effective priest when you look at the religious rites. Fundamentally, at the least, the first wedding did actually features transpired, no matter if afterwards proclaimed emptiness ab initio.

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Individual who goes into a subsequent relationships instead of basic obtaining such as official y

In the instant instance, but not, zero wedding whatsoever are performed from the a properly licensed solemnizing officer. Petitioner and you can Lucia Barrete only signed a marriage package to their own. The mere private operate away from finalizing a married relationship contract bears no semblance to a legitimate relationships and thus, means no official declaration out-of nullity. Such as act alone, in place of even more, can not be deemed to help you form an evidently good marriage by which petitioner would be stored accountable for bigamy unless of course he very first obtains a judicial report of nullity ahead of the guy contracts a subsequent 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. Underneath the factors of your own establish situation, we held you to definitely petitioner have not 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.