In the 1990, Lucia came back for the Philippines and you may recommended to help you petition appellant to join their for the Canada

In the 1990, Lucia came back for the Philippines and you may recommended to help you petition appellant to join their for the Canada

MORIGO Vs. People

FACTS: Both 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 submitted into the Ontario Court (General Department) a great petition to possess breakup facing appellant that was offered because of the legal 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 it disagreement so you’re able to its analytical completion, to possess legal intentions, petitioner wasn’t hitched so you’re able to Lucia during the time he developed the wedding having Maria Jececha

On September 21, 1993, accused recorded an issue getting official report out-of nullity away from relationship regarding Regional Trial Judge out of Bohol, docketed due to the fact Civil Case No. 6020. New criticism look for (sic) among others, the newest report of nullity out-of accused’s relationships with Lucia, on the ground one to no marriage service in fact happened.

ISSUE: Won Morigo should have submitted statement into nullity from their relationship with Barrete just before his second y situation.

RATIO: Beneath the idea off retroactivity regarding a wedding are announced void abdominal initio, the 2 had been never partnered right away. The newest contract from matrimony is actually null; they contains zero judge perception. The existence while the authenticity of first relationship becoming a keen extremely important element of new crime off bigamy, it’s but logical that a belief for told you crime cannot end up being suffered in which there isn’t any first marriage to dicuss out of. The fresh new petitioner, need to, perforce getting acquitted of instantaneous 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:

An official declaration of nullity out of a past matrimony is required before a consequent you can become legitimately contracted. One who goes in a consequent wedding without first acquiring for example official y. That it idea is applicable even if the earlier connection is characterized by laws as gap.

They holds stressing even when you to for the Mercado, the first marriage was solemnized not simply shortly after, however, double: basic just before a court in which a wedding certification was duly granted then once more half a year later on just before a beneficial priest inside the religious rites. Ostensibly, about, the original relationship seemed to has went down, whether or not later announced gap ab initio.

On immediate circumstances, yet not, zero marriage service anyway was performed because of the a properly licensed solemnizing manager. Petitioner and you may Lucia Barrete merely closed a wedding bargain to their individual. New mere individual operate from finalizing a married relationship bargain carries no semblance in order to a valid marriage for example, demands zero official report regarding nullity. Such as for instance operate alone, as opposed to alot more, can’t be deemed to make-up a fundamentally good wedding which petitioner might be held responsible for bigamy except if he first secures an official statement off nullity prior to he agreements 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 of innocence to ensure that justice is done. Within the items of your own present circumstances hookup near me Vancouver Washington, i kept that petitioner has not yet committed 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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