Case: LUCIO MORIGO v. PEOPLE OF THE PHILIPPINES, GR NO.

145226, February 6, 2004

Doctrine:
1. A judicial declaration of nullity of a previous marriage is necessary before a subsequent one can
be legally contracted. One who enters into a subsequent marriage without first obtaining such
judicial declaration is guilty of bigamy. This principle applies even if the earlier union is
characterized by statutes as "void."
2. The mere private act of signing a marriage contract bears no semblance to a valid marriage and
thus, needs no judicial declaration of nullity. Such act alone, without more, cannot be deemed
to constitute an ostensibly valid marriage for which petitioner might be held liable for bigamy
unless he first secures a judicial declaration of nullity before he contracts a subsequent
marriage.

FACTS:
Lucio Morigo and Lucia Barrete were boardmates for four years. Their communication was broken after
school year 1977-1978. In 1984, Lucio received a letter from Lucia from Singapore. After an exchange of
letters, the two became sweethearts. Lucia later returned to the Philippines but left again for Canada to
work there. Nonetheless, the sweethearts maintained a constant communication. Lucia, later came back
to the Philippines. The two agreed to get married, thus, they were married at Iglesia de Filipina Nacional
at Catagdaan, Pilar, Bohol. Lucia reported back to her work in Canada leaving Lucio behind. Barely a
year, August 19, 1991, Lucia filed with Ontario Court a petition for divorce which was granted and took
effect in February of 1992. On October that year Lucio married Maria Lumbago also in Tagbilaran City.
September 21, 1993, Lucio filed a complaint for nullity of marriage in Regional Trial Court of Bohol on
the ground that there was no marriage ceremony actually took place. He was later charge with Bigamy
filed by City Prosecutor of the Regional Trial Court of Bohol.
The petitioner moved for the suspension of the criminal case invoking prejudicial question. The civil case
is a prejudicial question to bigamy. The Court granted unfortunately denied by the motion for
reconsideration of the prosecution.
The Regional Trial Court of Bohol held Lucio guilty beyond reasonable doubt of bigamy.
He filed an appeal to the Court of Appeals. While the case was pending in Court of Appeals, the trial
court granted the petition for nullity of marriage since no marriage ceremony took place. No appeal was
taken from this decision, thus, became final and executory. But the Court of Appeals denied the petition
for lack of merit. Hence, the petition was elevated to the Supreme Court.
ISSUE: WON Lucio must have filed declaration for the nullity of his marriage with Lucia before his second
marriage in order to be free from the bigamy case.
HELD: A judicial declaration of nullity of a previous marriage is necessary before a subsequent one can
be legally contracted. One who enters into a subsequent marriage without first obtaining such judicial
declaration is guilty of bigamy. This principle applies even if the earlier union is characterized by statutes
as "void."
In the instant case, however, no marriage ceremony at all was performed by a duly authorized
solemnizing officer. Lucio Morigo and Lucia Barrete merely signed a marriage contract on their own. The
mere private act of signing a marriage contract bears no semblance to a valid marriage and thus, needs
no judicial declaration of nullity. Such act alone, without more, cannot be deemed to constitute an
ostensibly valid marriage for which Lucio might be held liable for bigamy unless he first secures a judicial
declaration of nullity before he contracts a subsequent marriage. The law abhors an injustice and the
Court is mandated to liberally construe a penal statute in favor of an accused and weigh every
circumstance in favor of the presumption of innocence to ensure that justice is done. Under the
circumstances of the present case, Lucio does not need to file declaration of the nullity of his marriage
when he contracted his second marriage with Maria Lumbago. Hence, he did not commit bigamy and is
acquitted in the case filed.

BAR QUESTION

Q: A and B were boardmates and later on got married. B filed a petition for divorce in Ontario Canada,
which was granted. A married C. He subsequently filed a complaint for judicial declaration of nullity
of marriage with B on the ground that there was no marriage ceremony at all and they merely
signed a marriage contract on their own. A was then charged with bigamy in which he moved for
suspension of arraignment since the civil case pending posed a prejudicial question in the bigamy
case. Is there a need for A to file a declaration for the nullity of his marriage with B before entering
into his second marriage with C, in order to be free from the bigamy case?

A: No.
A judicial declaration of nullity of a previous marriage is necessary before a subsequent one can be
legally contracted. One who enters into a subsequent marriage without first obtaining such judicial
declaration is guilty of bigamy. This principle applies even if the earlier union is characterized by
statutes as "void."
However, in this case, no marriage ceremony at all was performed between A and B by a
solemnizing officer instead they just merely signed a marriage contract.
Hence, A need not file a declaration of the nullity of his marriage when he contracted his second
marriage with C. A is not guilty of bigamy.