Morigo vs People

G.R. 145226 | February 6, 2004

J. Quisimbing

Facts:

Appellant Lucio Morigo and Lucia Barrete were boardmates. After school year, Appellant and
Lucia Barrete lost contact with each other. Lucio Morigo was surprised to receive a card from Lucia
Barrete from Singapore. The former replied and after an exchange of letters, they became sweethearts.
In 1990, Lucia came back to the Philippines and proposed to petition appellant to join her in Canada and
both agreed to get married.

On September 8, 1990, Lucia went back to her work in Canada leaving appellant Lucio behind.
After a year, Lucia filed with the Ontario Court a petition for divorce and was granted. On October 4,
1992, appellant Lucio Morigo married Maria Jececha Lumbago.

On September 21, 1993, accused filed a complaint which seeks the declaration of nullity of Appellant’s
marriage with Lucia, on the ground that no marriage ceremony actually took place. Later on, appellant
was charged with Bigamy in an information filed by the City Prosecutor, with the Regional Trial Court.

Issue:

Is the appellant Morigo have the capacity to remarry?

Held:

Yes, the trial court found that there was no actual marriage ceremony performed between Lucio
and Lucia by a solemnizing officer thus held that the marriage is void ab initio. And to validly contract a
subsequent marriage, he first secures a judicial declaration of nullity of the previous marriage.