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LUCIO MORIGO y CACHO VS. PEOPLE OF THE PHILIPPINES.

GR NO. 145226 FEBUARY 6, 2004

FACTS:

Lucio Morigo and Lucia Barrete were boardmates in Bohol for four

years.

After school year 1977-1978, they both lost contact with each other.

In 1984, Lucio received a card from Lucia. After an exchange of letter,

they eventually became sweethearts.

In 1990, Lucia came back to the Philippines and proposed to Lucio to

join her in Canada. Thus, they both agreed to get married on August

30, 1990.

However, on August 19, 1991, Lucia filed with the Ontario court, a

petition for divorce against Lucio, which was granted and was to take

effect on Febuary 17, 1992.

In 1992, Lucio married Maria Lumbago. Subsequently, he filed a

declaration of nullity of his marriage with Lucia; on the ground that no

marriage ceremony took place.

He was charged with bigamy by the prosecutor of Tagbilaran City.

The Regional Trial Court found him guilty of Bigamy; stating that

Lucios claim that his first marriage was void on the ground that no

marriage ceremony took place is not a defense in a charge for bigamy.

He should have secured a judicial declaration of the nullity of his

marriage to Lucia first before he can be allowed to remarry.

Lucio filed for an appeal to the Court of Appeals.

While his appeal was still pending, the trial court declared his marriage

to Lucia void ab initio since no marriage actually took place. Such

decision became final and executory.

Despite the fact that Lucios first marriage was declared void, the

Court of Appeals affirmed the RTCs decision in convicting Lucio with

bigamy

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ISSUE: Whether or not Lucio committed bigamy.

HELD: NO.

The Supreme Court laid down the elements of Bigamy.

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 first element of bigamy as a crime requires that the accused musthave been legally married. Yet, the trial court found that there was no

actual marriage ceremony performed between Lucio and Lucia by a

solemnizing officer. Instead, what transpired was a mere signing of the

marriage contract by the two, without the presence of a solemnizing officer.

The Supreme Court held that, the mere private act of signing a marriage

contract bears no semblance to a valid marriage and thus, needs no judicial

declaration of nullity. Thus, there is no first marriage to speak of. Under

the principle of retroactivity of a marriage being declared void ab initio, thetwo were never married from the beginning. The contract of marriage is

null; it bears no legal effect. Taking this argument to its logical conclusion,

for legal purposes, petitioner was not married to Lucia at the time he

contracted the marriage with Maria.

The existence and the validity of the first marriage being an essential

element of the crime of bigamy, it is but logical that a conviction for said

offense cannot be sustained where there is no first marriage to speak of.

The petitioner, must, perforce be acquitted of the instant charge.