Morigo vs People

GR No. 145226
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:
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.