Morigo v. People, G.R. No. 145226, February 06, 2004

FACTS: Lucio Morigo and Lucia Barrete were boardmates in Bohol for four years. The lost contacts when the school year ended. When Lucio received a card from Lucia Barrete from Singapore, constant communication took place between them. They later became sweethearts. In 1986, Lucia returned to the Philippines but left again for Canada to work there. While in Canada, they maintained constant communication. In 1990, Lucia came back to the Philippines and proposed to petition appellant to join her in Canada. Both agreed to get married, thus they were married on August 30, 1990 in Bohol. Lucia reported back to her work in Canada leaving appellant Lucio behind. On August 19, 1991, Lucia filed with the Ontario Court a petition for divorce against appellant which was granted on January 17, 1992 and to take effect on February 17, 1992. On October 4, 1992, appellant Lucio Morigo married Maria Jececha Lumbago in Bohol. On September 21, 1993, accused filed a complaint for judicial declaration of nullity of the first marriage on the ground that no marriage ceremony actually took place.

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.