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In the 1990, Lucia returned to the Philippines and you may suggested so you can petition appellant to join their for the Canada
November 10, 2022
In the 1990, Lucia returned to the Philippines and you may suggested so you can petition appellant to join their for the Canada

In the 1990, Lucia returned to the Philippines and you may suggested so you can petition appellant to join their for the Canada

MORIGO Against. Somebody

FACTS: Each other provided to marry, thus they were married on August 30, 1990 at the Iglesia de Filipina Nacionalat Catagdaan, Pilar, Bohol.

On August 19, 1991, Lucia registered on Ontario Legal (General Office) good petition to own separation facing appellant that has been offered of the court 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.

Getting it argument so you’re able to its logical end, having court aim, petitioner wasn’t hitched in order to Lucia at the time the guy developed the marriage which have Maria Jececha

On September 21, 1993, implicated filed a criticism having judicial statement from nullity off matrimony in the Local Demonstration Judge away from Bohol, docketed once the Civil Circumstances No. 6020. The newest ailment seek (sic) as well as others, the newest report off nullity of accused’s relationship which have Lucia, on the floor one to no wedding party in fact took place.

ISSUE: Won Morigo should have filed declaration toward nullity of their wedding which have Barrete ahead of their next y circumstances.

RATIO: According to the concept from retroactivity from a married relationship getting stated void ab initio, the 2 was in fact never partnered from the beginning. New package regarding matrimony is actually null; it carries no court feeling. The fresh existence additionally the authenticity of your own very first wedding are an important section of brand new crime away from bigamy, it’s but logical one to a belief to have told you crime cannot end up being sustained in which there is absolutely no very first https://datingranking.net/by-ethnicity/ relationship to dicuss out of. The latest petitioner, must, perforce feel acquitted of instant charges.

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 regarding nullity away from an earlier marriage is required before a following one can possibly become legitimately contracted. Individual who switches into a consequent relationships in the place of basic acquiring particularly judicial y. Which idea applies even if the before union try characterized by statutes since void.

It carries worrying even when that for the Mercado, the first relationships was solemnized not just after, but twice: first ahead of a court in which a marriage certificate are duly awarded immediately after which again six months afterwards in advance of a priest when you look at the religious rites. Fundamentally, at least, the initial relationships appeared to have went down, even when later on stated gap abdominal initio.

From the instantaneous situation, yet not, zero wedding ceremony anyway is actually performed by a duly authorized solemnizing administrator. Petitioner and you will Lucia Barrete just signed a married relationship contract on the very own. The new simple individual act from signing a married relationship bargain carries no semblance in order to a legitimate relationships and therefore, requires no official report regarding nullity. Such as for example work by yourself, in place of much more, can not be considered so you’re able to constitute an evidently legitimate wedding whereby petitioner would be stored responsible for bigamy except if he earliest secures a judicial declaration off nullity just before he contracts a following relationship.

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. Beneath the items of your own establish circumstances, i stored one petitioner has not yet 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.