What Is Bigamy in the Philippines | The Felony of Bigamy
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In this post, we shall discuss what is bigamy in the Philippines. A judicial declaration of nullity of a previous marriage is necessary before a subsequent one can be legally contracted. One who enters into a subsequent marriage without first obtaining such judicial declaration is guilty of bigamy. This principle applies even if the earlier union is characterized by statutes as “void.”((Mercado vs. Tan, G.R. No. 137110, August 1, 2000))

Bigamy is the act of entering into a marriage with one person while still being legally married to another. In cultures where monogamy is mandatory, bigamy is considered illegal and a criminal offense, though the laws and punishments vary by jurisdiction.

A person who knowingly enters into a bigamous marriage is committing a crime. Even if a couple is separated, their marital status remains unchanged, and if one of them enters into another marriage, it will be considered bigamy.

An individual who is in the process of divorcing their spouse is considered legally married until the divorce becomes final or absolute under the law of the relevant jurisdiction. Accidental incidents of bigamy are also possible, where a person who believes that their first marriage is over marries another person without knowing that their first marriage is still legally binding.

What is Bigamy in the Philippines?

Bigamy in criminal law is a form of marital misconduct that involves the act of marrying someone while still being legally married to another person. The Revised Penal Code of the Philippines defines bigamy as follows:

Bigamy. – The penalty of prision mayor shall be imposed upon any person who shall contract a second 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.((Article 349, Revised Penal Code))

Bigamy is a criminal offense that involves the act of contracting a second or subsequent marriage before the former marriage has been legally dissolved, or before the absent spouse has been declared presumptively dead. Thus, any person who marries someone while still being legally married to another person commits the crime of bigamy.

Elements of Bigamy 

In order to establish a case of bigamy in the Philippines, certain elements must be present. The elements of bigamy are as follows:

  • The offender must have been legally married to another person.
  • The offender contracts a second or subsequent marriage.
  • The former marriage has not been legally dissolved, or the absent spouse has not been declared presumptively dead.

These elements are important in proving a case of bigamy. The prosecution must show that the accused was legally married to another person and that they contracted a second or subsequent marriage without dissolving the former marriage or declaring the absent spouse presumptively dead. If all these elements are present, then the accused can be charged and found guilty of the crime of bigamy.

Penalties for Bigamy

The penalties for bigamy in the Philippines are classified as Afflictive Penalties.((Article 25, Revised Penal Code)) Article 349 of the Revised Penal Code stipulates that the penalty for bigamy is imprisonment of prision mayor, which ranges from six years and one day to 12 years. In addition to imprisonment, the offender may also be disqualified from certain rights and privileges.((Article 42,  in relation to Article 30, Revised Penal Code))

Moreover, any person found guilty of bigamy may be disqualified from inheriting from the estate of the other spouse. The guilty party may also be disqualified from running for public office or holding any public position in the country.

It’s worth noting that bigamy is also grounds for annulment of the subsequent marriage. Thus, any person who is a victim of bigamy can file for annulment and seek legal remedies against the accused.

How can you prove bigamy?

In order to prove the crime of bigamy it is necessary that there a prior subsisting valid marriage, which can foremost be established by a marriage certificate. In short, the latter is a documentary evidence that can prove the fact of a prior subsisting marriage. The aggrieved party is the one who has that prior subsisting valid marriage.

Second, the aggrieved party or the private complainant must also prove that her or his spouse contracted a subsequent marriage. This second marriage, had it not been for the existence of a prior marriage that is legal and legitimate, would be considered as valid under the law. This fact can also be established by a marriage certificate or a CENOMAR (Certificate of No Marriage).

What is an example of bigamy?

Supposing H got married to W. Their marriage is valid in all respects. During the course of their married life. H engaged in an extra-marital affair with X. H left his spouse W in favor of X. H and X, then, lived as husband and wife.  After living for a period of 10 years as common law spouses, H and X got married. H thought that since W did not anymore bother to look and find him, he thought that W had already accepted her fate in her first marriage with H.

Learning that H got married with X, W secured a Certificate of No Marriage under the name of H. In the PSA record which W obtained from the Philippine Statistics Agency (PSA), therein indicate the marriages of H, one with W and another with X which is on a later date than the marriage of H and W.

This is a clear case of Bigamy punishable under the Revised Penal Code.

Who can file bigamy charges?

Ordinarily, the offended spouse is the one who files charges against his offending spouse, when the latter contracted subsequent marriage whilst the first one still validly subsists. The offended spouse refers to the one who is legally married to the offender, and their marriage has not yet been legally dissolved.

While it is the offended spouse who normally pressed bigamy charges, still, any peace officer or other public officer charged with the enforcement of the law violated can file such complaint against the offending spouse. Bigamy is not crime which cannot be prosecuted de officio, unlike Adultery and Concubinage which complaint must be solely and exclusively initiated by the offended spouse.

Is bigamy bailable in the Philippines?

Bigamy is a bailable offense. It is a felony. The commission thereof is penalized by an imprisonment ranging from six (6) years and one (1) day to twelve (12) years, otherwise known as Prision Mayor. Under the Rules of Criminal Procedure, it provides that:

Bail, a matter of right; exception. — All persons in custody shall be admitted to bail as a matter of right, with sufficient sureties, or released on recognize as prescribed by law or this Rule (a) before or after conviction by the Metropolitan Trial Court, Municipal Trial Court, Municipal Trial Court in Cities, or Municipal Circuit Trial Court, and (b) before conviction by the Regional Trial Court of an offense not punishable by death, reclusion perpetua,((Imprisonment ranging from 20 years and 1 day to 40 years)) or life imprisonment.((Section 4, Rule 114 of the Rules of Criminal Procedure))

Since the penalty of incarceration ranges only from 6 years and 1 day to 12 years, it follows that bail is a matter of right for those individuals who are charged with such crime.

Can the second wife file bigamy in the Philippines?

The second wife can still file Bigamy charges against his present spouse, provided that their own separate marriage is valid and legitimate. Meaning, the first marriage of the offending [present] spouse has been dissolved or terminated in accordance with law prior to the celebration of the second marriage between the second wife and the offending [present] spouse. Therefore, in the eyes of the law, only their marriage is the one subsisting. If the offending [present] spouse married another woman other than his second wife, the former is guilty of Bigamy.

Final Thoughts

Bigamy is a crime and it is unlawful punishable by imprisonment. Loosely, it may be considered a form of fraud or deceit.  The subsequent marriage, subject of the bigamy, is void or invalid, and any children born from the bigamous marriage may be considered illegitimate.

Ultimately, the legality and morality of bigamy is a complex issue that depends on many factors, including cultural norms, religious beliefs, and legal systems.

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RALB Law | RABR & Associates Law Firm

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