Morigo V People.pdf

Facts: (1974 to 1978) - Appellant Lucio Morigo and Lucia Barrete were boardmates at the house of Catalina Tortor at Tagbilaran City, Province of Bohol, for a period of four (4) years (1977-1978) - Aeer school year, Lucio Morigo and Lucia Barrete lost contact with each other.

Topic: Declra'on of Nullity of Marriage – Bigamy Case Keywords: 01 1 Marriage (Morigo – Barrete) Boardmates Singapore Sweethearts Canada Marriage ⁿA 2 Marriage (Morigo – Lumbago) Virgen sa Barangay Charged with Bigamy – 1993 Criminal Case: GUILTY UNDER ARTICLE 349 OF THE REVISED PENAL CODE Reason: The appellate court stressed that the subsequent declaraXon of nullity of Lucios marriage to Lucia in Civil Case No. 6020 could not acquit Lucio. The reason is that what is sought to be punished by Ar'cle 349 of the Revised Penal Code is the act of contrac'ng a second marriage before the first marriage had been dissolved. Civil Case: Declared the marriage between Lucio Morigo and Lucia Barrete void ab iniXo since no marriage ceremony actually took place

(1984) - Lucio Morigo was surprised to receive a card from Lucia Barrete from Singapore. The former replied and aeer an exchange of legers, they became sweethearts. (1986) – Lucia Barrete returned to the Philippines but lee again for Canada to work there. While in Canada, they maintained constant communicaXon. (1990) - Lucia Barrete came back to the Philippines and proposed to peXXon Morigo to join her in Canada. Both agreed to get married, thus they were married on August 30, 1990 at the Iglesia de Filipina Nacional at Catagdaan, Pilar, Bohol. (September 8, 1990) - Lucia reported back to her work in Canada leaving appellant Lucio behind. (August 19, 1991) - Lucia filed with the Ontario Court a peXXon for divorce against appellant which was granted by the court on January 17, 1992 and to take effect on February 17, 1992. (October 4, 1992) - appellant Lucio Morigo married Maria Jececha Lumbago at the Virgen sa Barangay Parish, Tagbilaran City, Bohol. (September 21, 1993) –

Issues: Whether or not Morigo needs to file a declaraXon for the nullity of his marriage with Barrete before his second marriage in order to be free from the bigamy case.

Held: The peXXoner does not need to file declaraXon of the nullity of his marriage when he contracted his second marriage with Lumbago. No marriage ceremony. What transpired was a mere signing of the marriage contract by the two, without the presence of a solemnizing officer. Hence, he did not commit bigamy and is acquiged in the case filed (civil case) Doctrine: Morigo is not guilty of bigamy even if he did not get a judicial declaraXon of nullity of the first marriage. First marriage was void ab iniXo due to lack of ceremony and solemnizing officer so it

Code is the act of contrac'ng a second marriage before the first marriage had been dissolved.

divorce against appellant which was granted by the court on January 17, 1992 and to take effect on February 17, 1992.

Civil Case: Declared the marriage between Lucio Morigo and Lucia Barrete void ab iniXo since no marriage ceremony actually took place

(October 4, 1992) - appellant Lucio Morigo married Maria Jececha Lumbago at the Virgen sa Barangay Parish, Tagbilaran City, Bohol.

This is a peXXon for review on cerXorari to reverse the decision on judgment of conviXon in the bigamy case which was affirmed In affirming the assailed judgment of convicXon, the appellate court stressed that the subsequent declaraXon of nullity of Lucios marriage to Lucia in Civil Case could not acquit Lucio. The reason is that what is sought to be punished by Ar'cle 349 of the Revised Penal Code is the act of contracXng a second marriage before the first marriage had been dissolved.

(September 21, 1993) – Morigo filed a complaint for judicial declara'on of nullity of marriage in the Regional Trial Court of Bohol. The complaint seeks the declaraXon of nullity of marriage with Lucia, on the ground that no marriage ceremony actually took place. (October 19, 1993) - Morigo was charged with Bigamy in an InformaXon filed by the City Prosecutor of Tagbilaran, with the Regional Trial Court of Bohol. Judgement - August 5, 1996, the RTC of Bohol handed down its judgment in Criminal Case No. 8688, as follows: WHEREFORE, foregoing premises considered, the Court finds accused Lucio Morigo y Cacho guilty beyond reasonable doubt of the crime of Bigamy and sentences him to suffer the penalty of imprisonment ranging from Seven (7) Months of Prision Correccional as minimum to Six (6) Years and One (1) Day of Prision Mayor as maximum.

for the nullity of his marriage with Barrete before his second marriage in order to be free from the bigamy case.

Hence, he did not commit bigamy and is acquiged in the case filed (civil case) Doctrine: Morigo is not guilty of bigamy even if he did not get a judicial declaraXon of nullity of the first marriage. First marriage was void ab iniXo due to lack of ceremony and solemnizing officer so it does not bear any legal effect.