People v Aragon

Accused Proceso Rosima married Maria Gorrea in the Philippine Independent Church in Cebu and
subsequently married Maria Faicol in the Santa Teresita church while his marriage was still subsisting with
Maria Gorrea.
After the marriage with Faicol, they established a residence in Iloilo. As the accused was then a travelling
salesman, he commuted between Iloilo and Cebu where he maintained his first wife. Maria Gorrea then died
in Cebu. Afterwhich, the accused brought Faicol to Cebu.
The accused aragon did not have a happy marital life in Cebu. Maria Faicol suffered injuries in her eyes
because she was physically abused by Aragon. He then allegedly sent Faicol to Iloilo for the purpose of
undergoing treatment for her eyes and during her absence, he married for the third time to Jesus Maglasang.
A case was filed against accused and was found guilty of bigamy. Athough accused denied his marriage with
Maria Faicol, the CFI held that the second marriage was fully established by the certificate of marriage and
also the testimony of Faicol and one of the sponsors of their wedding. ‘’
Whether accused committed bigamy – NO
A subsequent marriage contracted by any person during the lifetime of his first spouse is illegal and void from
its performance, and no judicial decree is necessary to establish its invalidity. Hence, the second marriage was
actually void in the first place.
When the action was instituted by the second wife, the second wife’s marriage with the appellant was not
renewed after the death of the first wife and before the third marriage was entered into. Hence, the last
marriage is a valid one and the complaint was dismissed.
Morigo v People
Lucio Morigo and Lucia Barrete were boardmates in Bohol for four years. They lost contacts when the school
year ended.
When Lucio received a card from Lucia Barrete from Singapore, constant communication took place between
them. They later became sweethearts.
In 1986, Lucia returned to the Philippines but left again for Canada to work there. While in Canada, they
maintained constant communication.
In 1990, Lucia came back to the Philippines and proposed to petition appellant to join her in Canada. Both
agreed to get married, thus they were married on August 30, 1990 in Bohol.
Lucia reported back to her work in Canada leaving appellant Lucio behind.
On August 19, 1991, Lucia filed with the Ontario Court a petition for divorce against appellant which was
granted on January 17, 1992 and to take effect on February 17, 1992.
On October 4, 1992, appellant Lucio Morigo married Maria Jececha Lumbago in Bohol.
On September 21, 1993, Lucio filed a complaint for judicial declaration of nullity of the first marriage on the
ground that no marriage ceremony actually took place.
October 19 Lucio was charged with bigamy
RTC convicted him and disregarded his defense that there was no valid marriage as it held that it is not a
defense in a charge of bigamy. Also, while their marriage was void, they still need to secure a judicial
declaration of the nullity of their marriage before they can be allowed to marry again.
With re the canadian divorce, it held that the court of a country in which neither of the spouses is domiciled
and in which one or both spouses may resort merely for the purpose of obtaining a divorce, has no jurisdiction
to determine the matrimonial status of the parties. As such, a divorce granted by said court is not entitled to
recognition anywhere.
W/N Lucio committed bigamy
Lucio’s marriage with lucia 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.
"This simply means that there was no marriage to begin with; and that such declaration of nullity retroacts to
the date of the first marriage. In other words, for all intents and purposes, reckoned from the date of the
declaration of the first marriage as void ab initio to the date of the celebration of the first marriage, the
accused was, under the eyes of the law, never married.
They already failed to check the first element of bigamy, which is that the accused must have been legally
marriage.
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.