Requisites for A Valid Marriage

Lucio Morigo Y Cacho, petitioner, 

vs. People of the Philippines, respondent.
G.R. No. 145226, February 6, 2004

QUISUMBING, J.:

FACTS:

Lucio Morigo and Lucia Barrete are college sweethearts who got married on August
30, 1990. During that time, Barrete was working in Canada. On September 8, 1990, she
returned back to her work in the said country, leaving her husband behind. On August 19,
1991, Barrete filed with the Ontario Court a petition for divorce against Morigo. The divorce
petition was then granted.

On October 4, 1992, Morigo married Maria Jececha Lumbago. On September 21,

1993, he then filed a complaint for judicial declaration of nullity of his marriage Barrete in
the RTC in the ground that no marriage ceremony took place.

On October 19, 1993, Morigo was charged with Bigamy filed by the City Prosecutor
of Tagbilaran.

ISSUE:

Is the marriage of Morigo and Barrete valid?

RULING:

No. Article 3 of the Family Code states the formal requisites of a valid marriage are:
a) authority of the solemnizing officer; b) a valid marriage license, and; c) a marriage
ceremony which takes place with the appearance of the contracting parties before the
solemnizing officer and their personal declaration that they take place each other as
husband and wife in the presence of not less than two witnesses of legal age.

Article 4 states that “absence of any of the essential or formal requisites shall render
the marriage void ab initio.”

In this case, it was found out that there was indeed no marriage ceremony
performed between Morigo and Barrete by a solemnizing officer. Only mere signing of the
marriage contract by the two without the presence of a solemnizing officer was done, thus
the marriage was held as void ab initio.

The said instant petition was granted and petitioner was acquitted from the charge
of bigamy.