G. R. No.

145226 – February 6, 2004

Lucio Morigo y Cacho vs. People of the Philippines

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.

RULING: No. considering that the first marriage was void ab initio makes Morigo acquitted in the
Bigamy case.
As provided by Art. 3, part 3 of the Family Code “A marriage ceremony which takes place with the
appearance of the contracting parties before the solemnizing officer and their personal declaration that
they take each other as husband and wife in the presence of not less than two witnesses of legal age”.
“The absence of any of the essential or formal requisites shall render the marriage void ab initio, except as
stated in Article 35 (2).
A defect in any of the essential requisites shall render the marriage voidable as provided in Article 45.”
As provided by Art. 4. Given these 2 articles, Morigo’s first marriage is considered void ab initio.
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.