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    Cacho V People Digest 1

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    Onireblabas Yor Osicran
    Lucio Morigo was charged with bigamy for entering into a second marriage before his first marriage to Lucia Barrete was dissolved. Lucio claimed there was no actual marriage ceremony for his first marriage. The trial court originally convicted Lucio of bigamy but later declared his first marriage to Lucia null due to the lack of an actual marriage ceremony. The Supreme Court agreed that the first element of bigamy was not met since there was no valid first marriage to begin with, making the issue of Lucio's defense of good faith moot.

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    Cacho V People Digest 1

    Uploaded by

    Onireblabas Yor Osicran
    121 views2 pages
    Lucio Morigo was charged with bigamy for entering into a second marriage before his first marriage to Lucia Barrete was dissolved. Lucio claimed there was no actual marriage ceremony for his first marriage. The trial court originally convicted Lucio of bigamy but later declared his first marriage to Lucia null due to the lack of an actual marriage ceremony. The Supreme Court agreed that the first element of bigamy was not met since there was no valid first marriage to begin with, making the issue of Lucio's defense of good faith moot.

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    Cacho v People Digest 1

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    Lucio Morigo was charged with bigamy for entering into a second marriage before his first marriage to Lucia Barrete was dissolved. Lucio claimed there was no actual marriage ceremony for his first marriage. The trial court originally convicted Lucio of bigamy but later declared his first marriage to Lucia null due to the lack of an actual marriage ceremony. The Supreme Court agreed that the first element of bigamy was not met since there was no valid first marriage to begin with, making the issue of Lucio's defense of good faith moot.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    121 views2 pages

    Cacho V People Digest 1

    Uploaded by

    Onireblabas Yor Osicran
    Lucio Morigo was charged with bigamy for entering into a second marriage before his first marriage to Lucia Barrete was dissolved. Lucio claimed there was no actual marriage ceremony for his first marriage. The trial court originally convicted Lucio of bigamy but later declared his first marriage to Lucia null due to the lack of an actual marriage ceremony. The Supreme Court agreed that the first element of bigamy was not met since there was no valid first marriage to begin with, making the issue of Lucio's defense of good faith moot.

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    of 2

    [G.R. No. 145226.

    February 06, 2004]

    LUCIO MORIGO y CACHO, petitioner, vs.


    PHILIPPINES, respondent.

    PEOPLE

    OF

    THE

    LUCIO MORIGO y CACHO, petitioner, vs. PEOPLE OF THE PHILIPPINES,


    respondent.
    G.R. No. 145226. February 06, 2004.
    Facts:
    Lucio Morigo and Lucia Barrete were boardmates at the house of one Catalina Tortor
    at Tagbilaran City, Bohol for four years. Their communication was broken after school
    year 1977-1978. In 1984, Lucio received a letter from Lucia from Singapore. After an
    exchange of letters, the two became sweethearts. Lucia later returned to the Philippines
    but left again for Canada to work there. Nonetheless, the sweethearts maintained a
    constant communication. Lucia, later came back to the Philippines. The two agreed to
    get married, thus, they were married at Iglesia de Filipina Nacional at Catagdaan, Pilar,
    Bohol. Lucia reported back to her work in Canada leaving Lucio behind. Barely a year,
    August 19, 1991, Lucia filed with Ontario Court a petition for divorce which was granted
    and took effect in February of 1992. On October that year Lucia married Maria Lumbago
    also in Tagbilaran City. September 21, 1993, Lucio filed a complaint for nullity of
    marriage in Regional Trial Court of Bohol on the ground that there was no marriage
    ceremony actually took place. He was later charge with Bigamy filed by City Prosecutor
    of the Regional Trial Court of Bohol.
    The petitioner moved for the suspension of the criminal case invoking prejudicial
    question. The civil case is a prejudicial question to bigamy. The Court granted
    unfortunately denied by the motion for reconsideration of the prosecution.
    The Regional Trial Court of Bohol held Lucio guilty beyond reasonable doubt of bigamy.
    He filed an appeal to the Court of Appeals. While the case was pending in Court of
    Appeals, the trial court granted the petition for nullty of marriage since no marriage
    ceremony took place. No appeal was taken from this decision, thus, became final and
    executory. But the Court of Appeals denied the petition for lack of merit. Hence, the
    petition was elevated to the Supreme Court.
    Issue:

    Whether or not petitioner committed bigamy and if so, whether his defense of good faith
    is valid.
    Held:
    The first element of Bigamy as laid down in Bobis v. Bobis was not present.
    No marriage ceremony. What transpired was a mere signing of the marriage contract by
    the two, without the presence of a solemnizing officer. The mere signing of the same
    bears no semblance to a valid marriage and thus, needs no judicial declaration of nullity.
    The Supreme Court need not tarry on the issue of the validity of his defense of good faith
    or lack of criminal intent, which is moot and academic.

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