Republic of the Philippines

MOOT COURT
BICOL COLLEGE
Daraga, Albay

Lucio Morigo
Petitioner,

-versus- CRIMINAL CASE NO. 0001

FOR: BIGAMY
_____________________________
PEOPLE OF THE PHILIPPINES
Respondent.
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MEMORANDUM

The petitioner, by the undersigned counsel, respectfully submits this Memorandum.

THE CASE

Lucio Morigo (Lucio, for brevity) married Lucia Barrete (Lucia, for brevity), who then reported back to
her work in Canada eight days after their marriage. A year later, Lucia filed a petition for divorce against Morigo
before the Ontario Court, which petition was granted. Lucio married Maria Lumbago (Maria, for brevity) and
eventually filed a complaint for judicial declaration of nullity of his marriage to Lucia with the Family Court on
the ground that no marriage ceremony had taken place. Soon after, a charge of bigamy was filed against Lucio by
Maria. Lucio moved for suspension of the arraignment on the ground that the civil case for judicial nullification
of his first marriage posed a prejudicial question in the bigamy case.
In the meantime, the marriage of Lucio with Lucia was declared void for absence of marriage ceremony.

FACTS OF THE CASE

In order that this Honorable Court may be enlightened and guided in the judicious disposition of the above-
entitled case, cited hereunder the material, relevant, and pertinent facts of the case, to wit:
1. Petitioner is Lucio Morigo, married first to Lucia Barrete who, eight days after such marriage, went
back to Canada to report back to her work.
2. Lucia thereafter filed a petition for divorce in Canada, specifically before the Ontario Court, on which
petition was duly granted, after a year into their marriage with petitioner.
3. Petitioner contracted another marriage with Maria Lumbago, and thereafter filed before the Family
Court for judicial declaration of nullity of his marriage with Lucia on the ground that a marriage
ceremony had not taken place between them.
4. Maria, soon after, filed a charge of bigamy against petitioner, on which said petitioner moved for the
suspension of the arraignment on the ground that the civil case filed by him for the judicial nullification
of his first marriage posed a prejudicial question in the said bigamy case.
5. Thereafter, the marriage of said petitioner with Lucia, for absence of marriage ceremony, was declared
void.

THE ISSUES

1. Whether or not the first marriage between Lucia and Lucio is valid.
2. Whether or not Lucia was capacitated to remarry by virtue of the divorce decree obtained in Canada.
3. Whether or not Lucio can be charged with bigamy as result of his second marriage

ARGUMENTS AND DISCUSSIONS

1. No. The marriage is void ab initio since there was no marriage ceremony by a solemnizing officer that
actually took place. Articles 3, Paragraph 3 and Article 4 of the Family Code provide:
 Article 3. The formal requisites of marriage are:
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(3) A marriage ceremony which takes place with the appearance of the contracting parties before the
solemnizing officer and their personal declaration that they take each other as husband and wife in the
presence of not less than two witnesses of legal age. (53a, 55a)

Article 4. The absence of any of the essential or formal requisites shall render the marriage void ab
initio, except as stated in Article 35 (2).

A defect in any of the essential requisites shall render the marriage voidable.

An irregularity in the formal requisites shall not affect the validity of the marriage but the party or
parties responsible for the irregularity shall be civilly, criminally and administratively liable.

Absence of marriage ceremony which is a formal requisite for a valid marriage makes it void ab initio.
Hence, there was no marriage that actually transpired. Under the principle of retroactivity of marriage, a union
that is declared void ab initio has never actually existed. Under the eyes of the law there is no actual marriage
between Lucio and Lucia. The contract is deemed null and bears no legal effect.

2. No. The divorce decree obtained by Lucia from the Canadian Court is not valid or cannot be
recognized in the Philippines pursuant to Article 15 of the Civil Code which states that, “Laws relating
to family rights and duties or the status, conditions, and legal capacity of persons are binding upon
citizens of the Philippines even though living abroad” and also given the fact that the divorce is
contrary to public policy in our jurisdiction. Furthermore, according to Article 17 of the Civil Code a
declaration of public policy cannot be rendered ineffectual by a judgment promulgated in a foreign
jurisdiction. Thus, in the case wherein the Filipina wife Lucia obtained a divorce decree abroad will
remain in the eyes of Philippine law as not having been divorced.

3. No. Lucio cannot be charged with bigamy. Article 4, Paragraph 1 of the Family Code states that:

“The absence of any of the essential or formal requisites shall render the marriage void ab initio,
except as stated in Article 35(2)”

Thus, the absence of a marriage ceremony and consent freely given in the presence of a solemnizing
officer which are formal and essential requisites respectively shall render the marriage void ab initio.
Hence, when a marriage is void from the beginning, there is no marriage to speak of in reference to the
crime of bigamy. Thus, Lucio cannot be charged with such crime.

The Article 349 of the Revised Penal Code defines the crime bigamy as:

“The penalty of prision mayor shall be imposed upon any person who shall contract a second marriage
or subsequent marriage before the former marriage has been legally dissolved, or before the absent spouse
has been declared presumptively dead by means of a judgment rendered in the proper proceedings.”

Furthermore, it has been enunciated that the requisites of bigamy are the following:
1. The offender has been legally married.
2. The first marriage has not been legally dissolved, or in case of his or her spouse is absent, the
absent spouse has not been judicially declared presumptively dead
3. He contracts a second or a subsequent marriage.
4. The subsequent marriage would have been valid had it not been for the existence of the first.

PRAYER

WHEREFORE, it is respectfully prayed for of this Honorable Court that judgment be rendered acquitting
the petitioner for the criminal case at hand, and for such other and further relief as this Honorable Court may
deem just and equitable in the premises.
Daraga, Albay, Philippines, October 11, 2016