Inside the 1990, Lucia came back on Philippines and you can proposed so you can petition appellant to join the woman inside Canada
MORIGO Vs. Some one
FACTS: One another accessible to get married, thus they were married on August 30, 1990 at the Iglesia de Filipina Nacionalat Catagdaan, Pilar, Bohol.
On August 19, 1991, Lucia submitted on the Ontario Legal (General Division) a great petition having separation and divorce up against appellant that has been supplied by the judge on January 17, 1992 and to take effect on February 17, 1992.
On October 4, 1992, appellant Lucio Morigo partnered Maria Jececha Lumbago at the Virgen sa Barangay Parish, Tagbilaran City, Bohol.
On September 21, 1993, accused recorded a problem having judicial declaration off nullity of relationships in the Local Demo Court out of Bohol, docketed while the Municipal Circumstances Zero. 6020. The fresh complaint search (sic) among others, new report out of nullity of accused’s relationships that have Lucia, on to the floor you to definitely no marriage service actually occurred.
ISSUE: Acquired Morigo need filed statement towards nullity of their relationships which have Barrete ahead of their 2nd y case.
RATIO: In idea away from retroactivity regarding a wedding getting stated emptiness abdominal initio, the two was in fact never ever hitched right from the start. This new contract regarding relationship was null; they holds zero legal effect. Taking so it disagreement to their analytical completion, to have judge motives, petitioner wasn’t married so you can Lucia at that time the guy contracted the marriage having Maria Jececha. The life plus the authenticity of your basic matrimony are an enthusiastic very important section of the offense out of bigamy, it’s but analytical you to definitely a belief for said offense don’t getting sustained in which there isn’t any earliest relationships to speak out-of. (más…)