Lucio Morigo y Cacho vs.

People of the Philippines

G.R. No. 145226
February 6, 2004
Quisumbing, J.

 1974-1978: Lucio Morigo and Lucia Barrete were boardmates in Bohol

 After SY 1977-1978, they lost contact
 1984: Lucio received card from Lucia from Singapore. After correspondence, they
became sweethearts
 1990: Lucia suggested that Lucio join her in Canada
 August 30, 1990: They get married in Iglesia de Filipina Nacional, Bohol (mere
signing of marriage contract, no solemnizing officer)
 September 8, 1990: Lucia went back to work in Canada
 August 19, 1991: Lucia filed petition for divorce in Ontario Court
 January 17, 1992: Granted, effective February 17, 1992
 October 4, 1992: Lucio married Lumbago
 September 21, 1993: Lucio filed for judicial declaration of nullity of marriage
on the ground that no marriage ceremony took place
 October 19, 1993: Lucio was charged with bigamy

 Lucio moved for suspension of arraignment as civil case for judicial nullification
posed prejudicial question
 Granted, then denied upon MR of prosecution
 August 5, 1996: Lucio found guilty of bigamy
o “In convicting herein petitioner, the trial court discounted petitioner’s claim
that his first marriage to Lucia was null and void ab initio. Following Domingo v.
Court of Appeals, the trial court ruled that want of a valid marriage ceremony is
not a defense in a charge of bigamy. The parties to a marriage should not be
allowed to assume that their marriage is void even if such be the fact but must
first secure a judicial declaration of the nullity of their marriage before they can
be allowed to marry again.”
 Ontario Court had no jurisdiction to determine the matrimonial status of parties
(Article 14, NCC)
 October 23, 1997: Marriage between Lucio and Lucia declared void ab initio
since no marriage ceremony actually took place
 October 21, 1999: CA affirmed RTC decision on bigamy
o “The appellate court stressed that the subsequent declaration of nullity of
Lucio’s marriage to Lucia in Civil Case No. 6020 could not acquit Lucio. The
reason is that what is sought to be punished by Article 349 of the Revised Penal
Code is the act of contracting a second marriage before the first marriage had
been dissolved. Hence, the CA held, the fact that the first marriage was void
from the beginning is not a valid defence in a bigamy case”

 SC: As first marriage was void ab initio for absence of actual marriage
ceremony, no judicial declaration is needed. Petition is graned. Lucio Morigo
is acquitted from the charge of bigamy.