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    Lucio Morigo V. People of The Philippines G.R. No. 145226, February 6, 2004 Facts

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    Raymart Salamida
    Lucio Morigo was charged with bigamy for marrying Lumbago after his marriage to Lucia Barrete. Morigo claimed his marriage to Barrete was void as there was no actual marriage ceremony. The Supreme Court ruled Morigo's marriage to Barrete was void from the beginning because no solemnizing officer officiated a ceremony. As his first marriage was void, Morigo did not need to have it declared null before his second marriage and was acquitted of bigamy.

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    Lucio Morigo V. People of The Philippines G.R. No. 145226, February 6, 2004 Facts

    Uploaded by

    Raymart Salamida
    46 views1 page
    Lucio Morigo was charged with bigamy for marrying Lumbago after his marriage to Lucia Barrete. Morigo claimed his marriage to Barrete was void as there was no actual marriage ceremony. The Supreme Court ruled Morigo's marriage to Barrete was void from the beginning because no solemnizing officer officiated a ceremony. As his first marriage was void, Morigo did not need to have it declared null before his second marriage and was acquitted of bigamy.

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    morigo v people case digest

    Original Title

    (20) Morigo v. People

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    Lucio Morigo was charged with bigamy for marrying Lumbago after his marriage to Lucia Barrete. Morigo claimed his marriage to Barrete was void as there was no actual marriage ceremony. The Supreme Court ruled Morigo's marriage to Barrete was void from the beginning because no solemnizing officer officiated a ceremony. As his first marriage was void, Morigo did not need to have it declared null before his second marriage and was acquitted of bigamy.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
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    Download as docx, pdf, or txt
    46 views1 page

    Lucio Morigo V. People of The Philippines G.R. No. 145226, February 6, 2004 Facts

    Uploaded by

    Raymart Salamida
    Lucio Morigo was charged with bigamy for marrying Lumbago after his marriage to Lucia Barrete. Morigo claimed his marriage to Barrete was void as there was no actual marriage ceremony. The Supreme Court ruled Morigo's marriage to Barrete was void from the beginning because no solemnizing officer officiated a ceremony. As his first marriage was void, Morigo did not need to have it declared null before his second marriage and was acquitted of bigamy.

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    © All Rights Reserved
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    of 1

    LUCIO MORIGO v.

    PEOPLE OF THE PHILIPPINES


    G.R. No. 145226, February 6, 2004

    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.

    ISSUE:
    Whether Morigo must have filed declaration for the nullity of his marriage before his second marriage in order to be free from
    the bigamy case.

    RULING:
    No. Considering that the first marriage was void ab initio makes Morigo acquitted in the Bigamy case. As per the Family Code “A
    marriage ceremony which takes place with the appearance of the contracting parties before the solemnizing officer and their
    personal declaration that they take each other as husband and wife in the presence of not less than two witnesses of legal age”.
    “The absence of any of the essential or formal requisites shall render the marriage void ab initio, except as stated in Article 35.

    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.

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