Case Summary (G.R. No. 145226)
Key Dates
- 1974–1978: Morigo and Barrete board together in Tagbilaran.
- August 30, 1990: Alleged marriage of Morigo and Barrete at Pilar, Bohol.
- January 17, 1992 (effective February 17): Divorce granted by Ontario Court.
- October 4, 1992: Marriage of Morigo and Limbago in Tagbilaran.
- August 5, 1996: RTC conviction for bigamy.
- October 21, 1999: Court of Appeals affirms conviction.
- September 25, 2000: CA denies reconsideration.
- February 6, 2004: Supreme Court decision.
Procedural History
- RTC finds Morigo guilty of bigamy, sentences him to 7 months to 6 years+1 day imprisonment.
- CA affirms RTC judgment and denies reconsideration.
- Petitioner elevates matter by petition for review on certiorari to the Supreme Court.
Issues Presented
A. Whether criminal intent (mens rea) is indispensable in bigamy under the Revised Penal Code, and whether petitioner’s lack of intent exempts him.
B. Whether the doctrine in People v. Bitdu—that ignorance of law is no excuse—applies here.
C. Whether all circumstances favoring the accused’s innocence must be considered.
Applicable Law
- Article 349, Revised Penal Code (Bigamy): Requires (1) a valid first marriage, (2) its non-dissolution, (3) a subsequent marriage, and (4) validity of the second but for existence of the first.
- Family Code Articles 3 and 4: Formal requisites and voidability/voidness of marriage.
- Family Code Article 40: Judicial declaration of nullity as prerequisite to remarriage.
- Civil Code Articles 15 and 17: Recognition of foreign judgments and public policy.
Factual Findings
- No valid ceremony solemnized the 1990 union between Morigo and Barrete; they only signed a contract without a licensed officer or witnesses.
- Ontario divorce decree secured by Barrete in 1992 is not recognized under Philippine law.
- Morigo contracted a second marriage in 1992 with Limbago.
- In 1997, RTC Branch 1 declared the 1990 union void ab initio for lack of formal requisites. This judgment became final.
Court’s Analysis
- Elements of Bigamy: The Supreme Court reiterated that a legally binding first marriage is essential.
- Void ab initio: The final judgment in Civil Case No. 6020 invalidated the first union from its inception; legally, Morigo was never married to Barrete.
- Retroactivity: The nullity decision retroacted to August 1990, erasing any first marriage. Without a valid first marriage, element one of bigamy fails.
- Good Faith and Criminal Intent: Because the crime was not consummated (no first marr
Case Syllabus (G.R. No. 145226)
Procedural History
- Petition for review on certiorari filed before the Supreme Court seeking reversal of the Court of Appeals’ decision dated October 21, 1999 in CA-G.R. CR No. 20700, which affirmed the RTC of Bohol’s August 5, 1996 conviction of petitioner for bigamy.
- RTC, Branch 4, Bohol (Criminal Case No. 8688) convicted Lucio Morigo y Cacho of bigamy and sentenced him to imprisonment ranging from seven months of prisión correccional to six years and one day of prisión mayor.
- Petitioner’s motion for reconsideration before the Court of Appeals was denied by resolution dated September 25, 2000.
- While CA-G.R. CR No. 20700 was pending, the RTC, Branch 1, Bohol (Civil Case No. 6020) rendered a final judgment on October 23, 1997 declaring petitioner’s first marriage void ab initio.
- No appeal taken from the nullity decision; it became final and executory.
Facts of the Case
- Lucio Morigo and Lucia Barrete were boardmates in Tagbilaran City from 1974 to 1978 and lost contact thereafter.
- In 1984, Lucia, then in Singapore, reestablished correspondence with Lucio. Their courtship continued through letters while Lucia worked in Canada.
- Lucia returned to the Philippines in 1990 and they were married on August 30, 1990 at the Iglesia Filipina Independiente in Pilar, Bohol.
- On September 8, 1990, Lucia returned to her employment in Canada; on August 19, 1991 she filed a divorce petition in the Ontario Court (General Division).
- The Ontario court granted the divorce on January 17, 1992, effective February 17, 1992.
- On October 4, 1992, Lucio married Maria Jececha Lumbago at the Virgen sa Barangay Parish, Tagbilaran City, Bohol.
- On October 19, 1993, the City Prosecutor of Tagbilaran filed an informatio