MORIGO Versus. Some body
FACTS: Each other offered to marry, thus they were married on August 30, 1990 at the Iglesia de Filipina Nacionalat Catagdaan, Pilar, Bohol.
On August 19, 1991, Lucia filed towards Ontario Legal (General Division) good petition to possess divorce proceedings facing appellant which was provided by judge on January 17, 1992 and to take effect on February 17, 1992.
On October 4, 1992, appellant Lucio Morigo married Maria Jececha Lumbago at the Virgen sa Barangay Parish, Tagbilaran City, Bohol.
On September 21, 1993, implicated submitted a complaint having official statement away from nullity out of wedding in the Regional Trial Court from Bohol, docketed due to the fact Municipal Circumstances Zero. 6020. Brand new issue search (sic) and others, the new report from nullity out of accused’s marriage which have Lucia, on to the floor you to definitely no wedding ceremony actually occurred.
ISSUE: Won Morigo should have filed statement to your nullity out-of their marriage having Barrete ahead of his next y instance.
RATIO: Underneath the idea regarding retroactivity of a married relationship getting proclaimed gap ab initio, both were never ever hitched from the beginning. (más…)