When you look at the 1990, Lucia returned to the Philippines and you will advised so you’re able to petition appellant to participate their in the Canada

MORIGO Versus. Some body

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 recorded with the Ontario Legal (General Section) an effective petition to own split up against appellant that has been offered of the 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.

On September 21, 1993, accused filed an ailment having official report regarding nullity away from marriage from the Regional Demo Court of Bohol, docketed since Municipal Circumstances Zero. 6020. The new complaint search (sic) among others, brand new declaration out of nullity out-of accused’s wedding having Lucia, on to the floor you to definitely no wedding service actually took place.

ISSUE: Obtained Morigo should have recorded statement to the nullity from their wedding which have Barrete ahead of his second y situation.

RATIO: Underneath the idea away from retroactivity regarding a marriage are stated emptiness abdominal initio, the two was indeed never ever partnered right from the start. The new price regarding marriage try null; they contains zero judge impact. Taking this disagreement to help you its analytical conclusion, for legal aim, petitioner wasn’t married to Lucia at that time the guy developed the marriage that have Maria Jececha. The new lives together with authenticity of your basic wedding are an enthusiastic extremely important section of the fresh offense of bigamy, it’s but analytical you to definitely a conviction getting said crime you should never getting suffered in which there is no basic wedding to speak from. The fresh new petitioner, need certainly to, perforce end up being acquitted of the immediate 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:

A judicial report out-of nullity out-of a previous wedding needs just before a consequent one could getting legitimately developed. So it concept can be applied even when the earlier partnership is actually characterized by guidelines because gap.

They contains stressing whether or not you to definitely during the Mercado, the first wedding is solemnized just just after, however, double: very first prior to a legal where a married relationship certification is actually duly issued immediately after which once again half a year later just before a great priest inside religious rites. Evidently, no less than, the original wedding did actually provides transpired, even when later proclaimed gap ab initio.

Individual that gets into a subsequent relationship in the place of very first acquiring including judicial y

Regarding the immediate instance, yet not, no wedding party anyway was did from the a properly signed up solemnizing manager. Petitioner and you may Lucia Barrete just finalized a married relationship offer to their own. The new mere private work regarding signing a marriage offer holds no semblance to a legitimate marriage which means that, need zero official report of nullity. Such as for instance work alone, versus a lot more, cannot be deemed so you can compensate an ostensibly good wedding which petitioner is held liable for bigamy unless of course the guy basic protects a judicial statement of nullity prior to he agreements a subsequent 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. Underneath the circumstances of one’s introduce situation, we kept that petitioner have not 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 top free Nottingham hookup sites or lack of criminal intent, which is now moot and academic.