Morigo vs People

Morigo vs. People

GR No. 145226, February 6, 2004

FACTS:

Lucio Morigo and Lucia Barrete were boardmates in Bohol.  They lost contacts for a while but after receiving a card from Barrete and various exchanges of letters, they became sweethearts.  They got married in 1990.  Barrete went back to Canada for work and in 1991 she filed petition for divorce in Ontario Canada, which was granted.  In 1992, Morigo married Lumbago.  He subsequently filed a complaint for judicial declaration of nullity on the ground that there was no marriage ceremony.  Morigo was then charged with bigamy and moved for a suspension of arraignment since the civil case pending posed a prejudicial question in the bigamy case.  Morigo pleaded not guilty claiming that his marriage with Barrete was void ab initio.  Petitioner contented he contracted second marriage in good faith.

ISSUE: Whether Morigo must have filed declaration for the nullity of his marriage with Barrete before his second marriage in order to be free from the bigamy case.

HELD:

Morigo’s marriage with Barrete is void ab initio considering that there was no actual marriage ceremony performed between them by a solemnizing officer instead they just merely signed a marriage contract.  The petitioner does not need to file declaration of the nullity of his marriage when he contracted his second marriage with Lumbago.  Hence, he did not commit bigamy and is acquitted in the case filed.