When you look at the 1990, Lucia returned to your Philippines and you can advised to petition appellant to become listed on the girl for the Canada

MORIGO Against. Individuals

FACTS: Both agreed 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 toward Ontario Court (Standard Division) good petition for separation up against appellant which had been supplied by judge 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.

Bringing so it dispute so you’re able to their logical completion, for court aim, petitioner wasn’t hitched to Lucia at the time the guy contracted the marriage which have Maria Jececha

On September 21, 1993, accused filed a grievance having judicial statement regarding nullity out of matrimony in the Regional Demonstration Courtroom out-of Bohol, docketed as Civil Instance No. 6020. The latest issue search (sic) among others, the fresh new report of nullity regarding accused’s matrimony that have Lucia, on the ground you to no wedding party actually happened.

ISSUE: Claimed Morigo need to have submitted declaration to your nullity out of his wedding https://datingranking.net/local-hookup/winnipeg/ with Barrete in advance of his next y circumstances.

RATIO: Within the idea out-of retroactivity off a married relationship are proclaimed gap ab initio, the 2 was indeed never hitched right away. This new package from relationships try null; it bears no court impression. The brand new lives while the validity of first wedding are an essential section of the fresh new crime away from bigamy, it is but analytical you to definitely a conviction having told you offense cannot be sustained in which there isn’t any basic wedding to dicuss regarding. The fresh petitioner, must, perforce feel acquitted of the immediate 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:

A judicial statement from nullity from a previous matrimony becomes necessary prior to a subsequent one can feel legally developed. Individual that enters into a following wedding versus basic obtaining including judicial y. That it idea enforce even if the prior to relationship is actually described as rules given that void.

They contains stressing even if one to inside the Negocio, the initial marriage ended up being solemnized besides once, but double: first in advance of a courtroom where a marriage certification are properly issued right after which once again 6 months after just before an excellent priest into the religious rites. Evidently, at least, the original marriage seemed to possess took place, even if later on declared emptiness ab initio.

About instantaneous instance, not, no wedding service whatsoever was performed from the a duly authorized solemnizing officer. Petitioner and you will Lucia Barrete merely closed a married relationship offer on the very own. The newest simple individual work of finalizing a wedding bargain holds no semblance so you’re able to a legitimate marriage and therefore, need zero judicial report away from nullity. Such as for instance act by yourself, in place of so much more, cannot be considered to help you compensate an evidently legitimate matrimony in which petitioner could well be stored liable for bigamy unless of course the guy basic obtains an official report out of nullity just before the guy agreements a consequent matrimony.

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 factors of your own present situation, we stored you to petitioner has not yet enough 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.