Inside the 1990, Lucia came back to the Philippines and you can proposed so you’re able to petition appellant to participate this lady in Canada
MORIGO Vs. Some one
FACTS: One another 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 filed with the Ontario Judge (Standard Section) an effective petition to possess separation against appellant that was supplied from the courtroom 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 recorded a criticism to possess official declaration away from nullity from matrimony throughout the Local Demonstration Judge out of Bohol, docketed once the Civil Circumstances Zero. 6020. Brand new complaint search (sic) among others, this new report away from nullity regarding accused’s relationship which have Lucia, on the floor one no marriage ceremony indeed taken place.
ISSUE: Acquired Morigo must have filed declaration into nullity out of their relationships which have Barrete ahead of their second y instance.
RATIO: Underneath the idea away from retroactivity of a wedding becoming stated emptiness abdominal initio, both have been never ever partnered right away. Brand new deal off wedding try null; they holds zero court impression. Getting that it disagreement to their analytical end, for courtroom motives, petitioner wasn’t hitched in order to Lucia at the time he developed the wedding which have Maria Jececha. Brand new lifetime therefore the authenticity of your own first relationships getting an enthusiastic very important part of the newest crime off bigamy, it is however, analytical that a belief to have said offense never end up being suffered where there’s no very first wedding to dicuss from. The fresh new petitioner, need, perforce be acquitted of your own quick 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 statement regarding nullity of an earlier relationship needs in advance of a subsequent one can possibly getting legitimately developed. This concept enforce even if the earlier union was characterized by guidelines while the gap.
They contains stressing regardless of if that in Negocio, the original relationship was actually solemnized not just once, but double: first just before a judge where a wedding certification are duly issued and once more 6 months later on just before a beneficial priest when you look at the religious rites. Ostensibly, at least, the original relationships appeared to possess took place, even if later on declared gap ab initio.
One who enters a following relationship versus very first acquiring for example judicial y
On the immediate case, although not, no wedding party anyway was did by the a duly licensed solemnizing manager. Petitioner and you can Lucia Barrete simply finalized a wedding package to their individual. The newest mere individual operate out of signing a wedding bargain bears zero semblance so you can a legitimate relationship meaning that, requires no official declaration from nullity. Such as operate alone, instead of so much more, can not be deemed so you can compose an ostensibly valid relationships for which petitioner is stored accountable for bigamy until the guy first secures a judicial report regarding nullity in advance of he contracts 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. Within the circumstances of your establish case, i held that petitioner hasn’t the time bigamy. Further, we also find that we need not tarry on the issue of the validity of his defense Anaheim hookup apps of good faith or lack of criminal intent, which is now moot and academic.