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Inside the 1990, Lucia returned into the Philippines and you will recommended to petition appellant to become listed on her when you look at the Canada

Inside the 1990, Lucia returned into the Philippines and you will recommended to petition appellant to become listed on her when you look at the Canada

MORIGO Versus. Some one

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

On August 19, 1991, Lucia recorded to the Ontario Judge (Standard Department) an effective petition to have separation and divorce facing appellant which was granted because of the legal 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 filed an ailment to possess official statement off nullity away from marriage on Regional Demonstration Judge out of Bohol, docketed since Civil Instance No. 6020. The newest problem search (sic) yet others, the fresh declaration off nullity out-of accused’s relationship having Lucia, on the ground you to definitely zero wedding actually took place.

ISSUE: Obtained Morigo must have recorded declaration towards nullity away from his matrimony that have Barrete prior to their 2nd y case.

RATIO: Under the idea of retroactivity regarding a married relationship being stated emptiness abdominal initio, the 2 was in fact never ever partnered right from the start. The latest deal regarding marriage was null; it bears no judge feeling. Providing this disagreement so you can the analytical conclusion, to possess court objectives, petitioner was not married so you’re able to Lucia at that time he contracted the marriage that have Maria Jececha. The brand new lives together with www.datingranking.net/local-hookup/squamish/ authenticity of your own earliest wedding becoming a keen very important part of the brand new offense out-of bigamy, it’s however, logical one a conviction for said offense never become suffered where there’s absolutely no very first marriage to speak regarding. This new petitioner, need to, perforce be acquitted of 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 off a past marriage is necessary before a subsequent it’s possible to getting legally developed. So it concept applies even when the earlier commitment try described as statutes since gap.

It bears stressing even though one to into the Mercado, the first wedding was actually solemnized not simply just after, but double: basic prior to a court where a married relationship certification is duly awarded following again half a year after ahead of a good priest inside the spiritual rites. Evidently, at the very least, the original wedding appeared to has went down, regardless of if later on announced gap abdominal initio.

One who enters into a subsequent matrimony in the place of very first acquiring including judicial y

From the instant circumstances, not, zero marriage ceremony anyway is performed from the a properly signed up solemnizing officer. Petitioner and you can Lucia Barrete only closed a marriage offer on their very own. The fresh mere personal work off signing a wedding deal bears zero semblance so you can a valid relationships which means, requires zero official declaration regarding nullity. Such as for instance act by yourself, instead far more, cannot be deemed so you’re able to compensate an evidently good wedding in which petitioner could be kept liable for bigamy unless of course the guy very first secures a judicial declaration regarding nullity in advance of the guy 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 expose situation, we stored 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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