Lucio Morigo y Caho v.

People of the Philippines (2004)

Quisumbing, J.

Formal requisites > Form of ceremony

Bigamous and Polygamous Marriages
In the Marriage Ceremony

FACTS:

 Appellant, Lucio Morigo and Lucia Barreta were boardmates in Bohol for 4 years. They lost contact with each
other afterwards. After several years, Lucio received a card from Lucia from Singapore. They exchanged more
letters and became sweethearts.
 Lucia returned to the Philippines and left again for Canada to work. The two still maintained contact.
 Lucia came back and asked Lucio to join her in Canada. They agreed to get married in Bohol. Lucia then went
back to Canada and left Lucio in the Philippines. A year after, she filed a petition for divorce in Ontario which was
granted.
 Lucio married Maria Jececha Lumbago in Bohol and filed a complaint to annul his earlier marriage. This was
based on the ground that no marriage ceremony took place.
 Lucio was charged with bigamy and was found guilty beyond reasonable doubt by the RTC.
 In convicting herein petitioner, the trial court discounted petitioners 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.
 Lucia's divorce is not recognized in the Philippines or anywhere because neither spouses are domiciled in
Canada. The court of Ontario will have no jurisdiction over determining their matrimonial status.
 Lucio contended that he acted in good faith.
 The appellate court denied the motion for lack of merit. However, the denial was by a split vote. The dissent
observed that as the first marriage was validly declared void ab initio, there was no first marriage to speak of.

ISSUE: W/N the petitioner committed bigamy

HELD: NO.

The elements of bigamy are the following:

(1) the offender has been legally married;
(2) the first marriage has not been legally dissolved, or in case his or her spouse is absent, the absent spouse has not been
judicially declared presumptively dead;
(3) he contracts a subsequent marriage; and
(4) the subsequent marriage would have been valid had it not been for the existence of the first.
The trial court found that there was no actual marriage ceremony between Lucio and Lucia. There was only mere signing of
the marriage contract without a solemnizing officer. The marriage was declared void ab initio. The first element was not
present.
Note:
This case is different from Mercado v. Tan in which there was actually a marriage solemnized twice -- before a judge where
a marriage certificate was issues and before a priest. The first marriage appeared to have transpired even if later it was
declared void ab initio. Hence, it was held that entering a subsequent marriage without first obtaining such judicial
declaration constitutes bigamy. This applies even if the earlier union is characterized by statutes as void.