Within the 1990, Lucia came back toward Philippines and you may recommended in order to petition appellant to become listed on the girl into the Canada

Within the 1990, Lucia came back toward Philippines and you may recommended in order to petition appellant to become listed on the girl into the Canada

MORIGO Against. Somebody

FACTS: Each other 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 for the Ontario Legal (Standard Section) a beneficial petition getting breakup against appellant which had been supplied by courtroom 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.

Providing it conflict in order to their analytical achievement, having court objectives, petitioner was not partnered so you’re able to Lucia at that time the guy developed the marriage that have Maria Jececha

On September 21, 1993, accused recorded an ailment to own judicial report regarding nullity away from marriage throughout the Regional Trial Legal of Bohol, docketed since the Civil Situation Zero. 6020. The latest problem look for (sic) and others, new statement out of nullity out of accused’s relationships with Lucia, on the floor you to definitely zero marriage service in fact took place.

ISSUE: Claimed Morigo need to have filed statement towards the nullity of their marriage that have Barrete in advance of their second y circumstances.

RATIO: Under the concept off retroactivity out-of a marriage becoming declared emptiness abdominal initio, the two had been never married right away. The fresh bargain regarding matrimony is null; they contains zero legal feeling. The fresh existence and the authenticity of your own basic relationships becoming a keen crucial section of brand new crime of bigamy, it’s but analytical you to definitely a belief for told you crime you should never getting suffered in which there isn’t any earliest wedding to speak of. The fresh petitioner, need, perforce end up being acquitted of the 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:

An official report out of nullity away from a past wedding is needed prior to a consequent one can possibly end up being legally developed. Individual that goes into a subsequent wedding instead of earliest obtaining including official y. This concept enforce even when the earlier union try characterized by laws and regulations once the emptiness.

It contains worrying though that during the Mercado, the first relationship ended up being solemnized not only after, however, double: earliest just before a court where a marriage certification was properly issued immediately after which once again 6 months afterwards ahead of an excellent priest for the religious rites. Basically, no less than, the initial matrimony appeared to have transpired, though after declared void abdominal initio.

Regarding quick situation, not, zero marriage service at all is actually local hookup near me Wichita did by the a properly authorized solemnizing administrator. Petitioner and you will Lucia Barrete only signed a wedding contract on the own. The new mere individual work out-of finalizing a marriage deal carries zero semblance to a legitimate relationships which means that, demands zero official statement off nullity. Such as for example act alone, rather than even more, can not be considered so you’re able to constitute a basically valid relationship which petitioner could be held responsible for bigamy unless he basic secures a judicial report out of nullity before the guy deals a subsequent 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. Under the circumstances of your present circumstances, i held you to definitely petitioner have not 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.

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