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Morigo Vs People 422 Scra 376

Lucio Morigo was married to Lucia Barrete, who later divorced him in Canada and remarried. Lucio then married Maria Lumbago. He was charged with bigamy, but argued the first marriage was void as no ceremony took place. The trial court convicted him, but then declared the first marriage void. The appellate court affirmed the conviction, finding the divorce decree invalid. The Supreme Court reversed, holding that without a valid first marriage, the bigamy charge could not be sustained.

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San Vicente Mps Ilocossurppo
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445 views1 page

Morigo Vs People 422 Scra 376

Lucio Morigo was married to Lucia Barrete, who later divorced him in Canada and remarried. Lucio then married Maria Lumbago. He was charged with bigamy, but argued the first marriage was void as no ceremony took place. The trial court convicted him, but then declared the first marriage void. The appellate court affirmed the conviction, finding the divorce decree invalid. The Supreme Court reversed, holding that without a valid first marriage, the bigamy charge could not be sustained.

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San Vicente Mps Ilocossurppo
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LUCIO MORIGO y CACHO

vs.
PEOPLE OF THE PHILIPPINES
G.R. No. 145226             February 06, 2004

FACTS: Lucio Morigo and Lucia Barrete was married. Barette left Lucio to Canada and there
she obtained her Decree of Divorce against Lucio – granted effective. Lucio married Maria
Lumbago. He filed for a complaint for the declaration of nullity of their marriage (Civil Case
6020). City prosecutor filed a criminal case against Lucio of Bigamy (Criminal Case 8688).
Lucio moved to suspend the arraignment contending that the civil case is a judicial question
to the bigamy case – motion granted. August 5, RTC charged him guilty of bigamy. While his
appeal before the Court of Appeals is pending, RTC rendered a decision in the civil case now
declaring his first marriage void since no marriage ceremony actually took place. It became
final and executory. CA affirmed his conviction on bigamy in the appeal on the criminal case.
CA stressed that declaration of the marriage void could not acquit him on bigamy charge. It
held the fact that the first marriage was void from the beginning cannot be a valid defense in
a bigamy case and that divorce decree obtained in Canada cannot be appreciated in the
country. He filed motion for reconsideration – denied. For the respondent, the Solicitor
general countered the reliance of Lucio on the divorce decree of the Ontario court.

ISSUES:
1. Whther or not the marriage was void in the absence of a marriage ceremony.
2. Whether or not accused committed bigamy

HELD:
1. There was no actual marriage ceremony performed between Lucio and Lucia by a
solemnizing officer. What transpired was a mere signing of the marriage contract by
the two, without the presence of a solemnizing officer. Articles 322 and 423 of the
Family Code, the trial court thus held that the marriage is void.
2. Considering the ruling of the court that there was no marriage to begin with and that
such declaration of nullity retroacts to the date of the first marriage, Lucio, under the
eyes of the law, never married. 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.

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