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Morigo vs. People GR 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 e changes of letters! they became sweethearts. They got married in "##$. Barrete went bac% to Canada for wor% and in "##" she filed &etition for divorce in 'ntario Canada! which was granted. (n "##)! Morigo married Lumbago. *e subse+uently filed a com&laint for ,udicial declaration of nullity on the ground that there was no marriage ceremony. Morigo was then charged with bigamy and moved for a sus&ension of arraignment since the civil case &ending &osed a &re,udicial +uestion in the bigamy case. Morigo &leaded not guilty claiming that his marriage with Barrete was void ab initio. -etitioner contented he contracted second marriage in good faith. (SS./: 0hether Morigo must have filed declaration for the nullity of his marriage with Barrete before his second marriage in order to be free from the bigamy case. */L1: Morigo2s marriage with Barrete is void ab initio considering that there was no actual marriage ceremony &erformed between them by a solemni3ing officer instead they ,ust merely signed a marriage contract. The &etitioner does not need to file declaration of the nullity of his marriage when he contracted his second marriage with Lumbago. *ence! he did not commit bigamy and is ac+uitted in the case filed.

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