Within the 1990, Lucia came back for the Philippines and you may proposed so you’re able to petition appellant to participate her during the Canada

Within the 1990, Lucia came back for the Philippines and you may proposed so you’re able to petition appellant to participate her during the Canada

MORIGO Against. Someone

FACTS: Each other offered to marry, 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 Division) a great petition to possess separation and divorce up against appellant which had been provided by 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.

Providing it argument so you’re able to their analytical end, for judge intentions, petitioner wasn’t partnered so you can Lucia at the time he developed the wedding that have Maria Jececha

On September 21, 1993, implicated registered a problem to have judicial statement of nullity off relationship throughout the Local Demo Court regarding Bohol, docketed since the Civil Case No. 6020. The newest complaint search (sic) among others, the fresh new report off nullity regarding accused’s marriage with Lucia, on the floor you to definitely zero marriage ceremony in reality occurred.

ISSUE: Acquired Morigo have to have submitted report for the nullity of his relationships with Barrete prior to their second y circumstances.

RATIO: Within the concept out of retroactivity from a marriage getting proclaimed emptiness abdominal initio, the two was basically never hitched from the beginning. The package away from relationships try null; they holds no court impact. The brand new lives additionally the authenticity of the basic wedding becoming a keen important element of the brand new offense out of bigamy, it is but logical one a belief to have said offense you should never end up being suffered where there isn’t any first marriage to dicuss from. The fresh petitioner, need to, perforce become 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:

A judicial statement out-of nullity off a previous marriage required just before a following it’s possible to end up being lawfully developed. One who enters into a following marriage without earliest getting including judicial y. That it concept enforce even if the earlier partnership is described as rules as the void.

They contains worrying though one to in Mercado, the original relationship is solemnized just after, but https://datingranking.net/polyamorous-dating twice: first before a judge where a married relationship certificate is duly awarded right after which again six months after just before a good priest during the spiritual rites. Fundamentally, at the least, the original relationship seemed to provides went down, in the event later stated void abdominal initio.

On the instant situation, not, zero wedding party whatsoever try performed by the a properly registered solemnizing manager. Petitioner and you can Lucia Barrete only closed a marriage price to their very own. The fresh mere personal operate away from finalizing a wedding deal holds no semblance to help you a legitimate relationships for example, needs zero official declaration out of nullity. Such as operate by yourself, instead a whole lot more, can not be deemed to constitute an evidently appropriate wedding whereby petitioner could well be kept liable for bigamy unless of course the guy basic obtains a judicial report from nullity in advance of he agreements 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. Within the circumstances of your expose circumstances, we stored you to definitely 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.

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