PERSONS Article 36

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: Morigos 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.