Facts:

(1974 to 1978) - Appellant

Lucio Morigo and Lucia
Barrete were boardmates
at the house of Catalina
Tortor at Tagbilaran City,
Province of Bohol, for a
period of four (4) years

(1977-1978) - Aeer school

year, Lucio Morigo and
Lucia Barrete lost contact
with each other.

(1984) - Lucio Morigo was

surprised to receive a
Topic: Declra'on of card from Lucia Barrete
Nullity of Marriage – from Singapore. The
Bigamy Case former replied and aeer
an exchange of legers,
Keywords: they became
sweethearts.
01
1 Marriage
(1986) – Lucia Barrete
(Morigo – Barrete)
returned to the
Philippines but lee again
Boardmates
for Canada to work there.
Singapore Sweethearts
While in Canada, they
Canada Marriage
maintained constant
communicaXon.
ⁿA
2 Marriage
(Morigo – Lumbago) (1990) - Lucia Barrete
came back to the
Virgen sa Barangay Philippines and proposed
to peXXon Morigo to join
her in Canada. Both
Charged with Bigamy – agreed to get married,
1993 thus they were married
on August 30, 1990 at the
Criminal Case: GUILTY Iglesia de Filipina
Held:
UNDER ARTICLE 349 OF Nacional at Catagdaan,
The peXXoner does not
THE REVISED PENAL CODE Pilar, Bohol.
need to file declaraXon of
Reason: The appellate
the nullity of his marriage
court stressed that the (September 8, 1990) -
when he contracted his
subsequent declaraXon of Lucia reported back to
second marriage with
nullity of Lucios marriage her work in Canada
Lumbago. No marriage
to Lucia in Civil Case No. leaving appellant Lucio
ceremony. What
6020 could not acquit behind.
transpired was a mere
Lucio. The reason is that
Issues: signing of the marriage
what is sought to be (August 19, 1991) - Lucia
contract by the two,
punished by Ar'cle 349 filed with the Ontario
Whether or not Morigo without the presence of a
of the Revised Penal Court a peXXon for
needs to file a declaraXon solemnizing officer.
Code is the act of divorce against appellant
for the nullity of his Hence, he did not commit
contrac'ng a second which was granted by the
marriage with Barrete bigamy and is acquiged in
marriage before the first court on January 17, 1992
before his second the case filed (civil case)
marriage had been and to take effect on
marriage in order to be
dissolved. February 17, 1992.
free from the bigamy Doctrine: Morigo is not
case. guilty of bigamy even if
Civil Case: Declared the (October 4, 1992) -
he did not get a judicial
marriage between Lucio appellant Lucio Morigo
declaraXon of nullity of
Morigo and Lucia Barrete married Maria Jececha
the first marriage. First
void ab iniXo since no Lumbago at the Virgen sa
marriage was void ab
marriage ceremony Barangay Parish,
iniXo due to lack of
actually took place Tagbilaran City, Bohol.
ceremony and
solemnizing officer so it
(September 21, 1993) –
Code is the act of divorce against appellant
for the nullity of his Hence, he did not commit
contrac'ng a second which was granted by the
marriage with Barrete bigamy and is acquiged in
marriage before the first court on January 17, 1992
before his second the case filed (civil case)
marriage had been and to take effect on
marriage in order to be
dissolved. February 17, 1992.
free from the bigamy Doctrine: Morigo is not
case. guilty of bigamy even if
Civil Case: Declared the (October 4, 1992) -
he did not get a judicial
marriage between Lucio appellant Lucio Morigo
declaraXon of nullity of
Morigo and Lucia Barrete married Maria Jececha
the first marriage. First
void ab iniXo since no Lumbago at the Virgen sa
marriage was void ab
marriage ceremony Barangay Parish,
iniXo due to lack of
actually took place Tagbilaran City, Bohol.
ceremony and
solemnizing officer so it
(September 21, 1993) –
does not bear any legal
Morigo filed a complaint
effect.
This is a peXXon for for judicial declara'on of
review on cerXorari to nullity of marriage in the
reverse the decision on Regional Trial Court of
judgment of conviXon in Bohol. The complaint
the bigamy case which seeks the declaraXon of
was affirmed nullity of marriage with
Lucia, on the ground that
In affirming the assailed no marriage ceremony
judgment of convicXon, actually took place.
the appellate court
stressed that the (October 19, 1993) -
subsequent declaraXon of Morigo was charged with
nullity of Lucios marriage Bigamy in an InformaXon
to Lucia in Civil Case could filed by the City
not acquit Lucio. The Prosecutor of Tagbilaran,
reason is that what is with the Regional Trial
sought to be punished by Court of Bohol.
Ar'cle 349 of the Revised
Penal Code is the act of Judgement - August 5,
contracXng a second 1996, the RTC of Bohol
marriage before the first handed down its
marriage had been judgment in Criminal Case
dissolved. No. 8688, as follows:

WHEREFORE, foregoing
premises considered, the
Court finds accused Lucio
Morigo y Cacho guilty
beyond reasonable
doubt of the crime of
Bigamy and sentences
him to suffer the penalty
of imprisonment ranging
from Seven (7) Months of
Prision Correccional as
minimum to Six (6) Years
and One (1) Day of Prision
Mayor as maximum.