Below is a comprehensive discussion of Bigamy and Adultery under Philippine law, with references to key legislative provisions and case law principles. Please note that this article is for general informational purposes only and does not constitute legal advice. For any specific questions or concerns regarding your situation, consult a qualified attorney licensed in the Philippines.

I. Introduction

Bigamy and adultery are both criminal offenses under Philippine law, governed primarily by the Revised Penal Code (RPC). These offenses touch upon important aspects of family life and marital relationships in the Philippines. In addition, relevant provisions from the Family Code of the Philippines also have an impact on the civil aspects of these offenses, such as the validity of marriages and grounds for legal separation.

II. Bigamy

A. Definition and Legal Basis

Statutory Provision: Article 349 of the Revised Penal Code punishes the crime of bigamy.
Definition: Bigamy is committed when a person contracts a second (or subsequent) marriage before the first marriage has been legally dissolved or declared void.

B. Elements of Bigamy

To secure a conviction for bigamy, the prosecution must establish the following elements:

The offender is legally married;
The marriage has not been legally dissolved or, in the case of a void marriage, there has been no judicial declaration of nullity of that marriage at the time the second marriage is contracted;
The offender contracts a second or subsequent marriage; and
The second or subsequent marriage has all the essential requisites for validity, except that the offender is already married to another person.

C. Penalties

Under Article 349 of the Revised Penal Code, the penalty for bigamy is prisión mayor, which typically ranges from six (6) years and one (1) day to twelve (12) years.
The specific duration within that range depends on the courts’ discretion, guided by aggravating and mitigating circumstances.

D. Defenses and Exceptions

Judicial Declaration of Nullity or Annulment of First Marriage
- If the first marriage was declared void before the contracting of the second marriage, then bigamy does not arise.
- If the first marriage was annulled before the contracting of the second, bigamy does not arise.
Subsequent Declaration of Nullity Insufficient
- A later (post-second-marriage) court declaration of nullity or annulment of the first marriage does not retroactively absolve one from bigamy. The crime is considered consummated at the time the second marriage is contracted if no valid dissolution or nullity judgment existed yet.
Good Faith or Ignorance of the Existing Marriage
- Typically, lack of criminal intent or “good faith” is a weak defense. For example, even if a spouse believes that their first marriage is invalid (e.g., because of long separation, or a personally assumed invalidity), without a court judgment, such belief is insufficient to negate liability.

E. Civil Effects

Validity of Second Marriage: A second or subsequent marriage contracted without the proper dissolution/annulment/nullity of the first marriage is considered void ab initio (void from the beginning) under the Family Code.
Ground for Legal Separation or Nullity: The act of contracting a bigamous marriage can also be used as evidence of marital infidelity and may be invoked in subsequent legal actions (e.g., legal separation, psychological violence under Republic Act No. 9262 if applicable, etc.).

III. Adultery

A. Definition and Legal Basis

Statutory Provision: Article 333 of the Revised Penal Code punishes the crime of adultery.
Definition: Adultery is committed by any married woman who engages in consensual sexual intercourse with a man who is not her husband, and by the man who has carnal knowledge of her, knowing her to be married.

B. Elements of Adultery

For a conviction of adultery under Article 333, the following must be proven:

The woman is married;
She had sexual intercourse with a man who is not her husband;
The man (co-accused) knew that the woman was married; and
Such intercourse took place during the subsistence of the marriage.

C. Penalties

Under Article 333, the penalty for adultery is prisión correccional in its medium and maximum periods. This translates to a range of two (2) years, four (4) months, and one (1) day to six (6) years.

D. Key Points and Distinctions

Adultery vs. Concubinage
- Philippine law differentiates between adultery (committed by a married woman and her paramour) and concubinage (committed by a married man under specific circumstances with a mistress or paramour).
- Penalties for adultery and concubinage are not exactly the same, and the elements also differ.
Role of the Offended Spouse
- Adultery is a private crime. It cannot be prosecuted except upon a complaint filed by the offended spouse (the husband of the adulterous wife).
- If the offended husband pardons or condones the act—by express or implied means—this may extinguish the criminal liability.
Requirement of Proof
- To prove adultery, the prosecution needs evidence of actual sexual relations (e.g., eyewitness testimony, admissions, or other convincing proof).
- Direct evidence (such as being caught in flagrante delicto) is rare, so circumstantial evidence can be used but must be strong and convincing.

E. Civil Implications

Grounds for Legal Separation
- Under the Family Code (Article 55), “sexual infidelity” is a ground for legal separation.
- A spouse who proves adultery can seek legal separation without necessarily pursuing criminal proceedings, though many choose to do both.
Psychological Incapacity
- While adultery per se may not directly constitute psychological incapacity for the purposes of a declaration of nullity under Article 36 of the Family Code, a pattern of infidelity coupled with other behaviors could potentially be used to prove psychological incapacity if it shows a deeply rooted inability to comply with marital obligations.
Effects on Property Relations and Child Custody
- Adultery by itself does not automatically disqualify a spouse from child custody, although it can be considered in determining moral fitness as a parent.
- Property relations remain governed by the Family Code provisions on absolute community or conjugal partnership, unless a legal separation or other proceeding has been filed and adjudicated.

IV. Related Procedural Issues

A. Criminal Prosecution

Jurisdiction: Cases of bigamy and adultery are filed with the Regional Trial Courts (RTC) that have territorial jurisdiction over the place where the offense was committed.
Private Crimes: Adultery and concubinage are considered private crimes. They require initiation by the offended spouse. Bigamy, however, can be prosecuted as a public offense in which a complaint can be initiated by any competent person or the State.

B. Bar to Prosecution / Double Jeopardy

Article 344 of the Revised Penal Code provides that if the offended spouse pardons one of the guilty parties in an adultery (or concubinage) case, then both the guilty parties (the spouse and the paramour) are considered pardoned.
Separate Civil and Criminal Liability: A criminal case for bigamy or adultery is distinct from civil actions (e.g., declaration of nullity, annulment, legal separation), but factual findings in one case may have an impact on the other.

C. Grounds for Complaint Dismissal

Death of the Offended Party (in the case of private crimes like adultery) generally extinguishes the right to continue with the case.
Prescriptive Period: Adultery prescribes in five (5) years, while bigamy prescribes in fifteen (15) years. If no action or complaint is filed within these periods, the right to prosecute may be lost.

V. Practical Considerations

Protecting One’s Rights
- For a person suspecting their spouse of bigamy (e.g., discovering a second marriage certificate), securing certified true copies of the marriage contracts and relevant documents, then consulting an attorney, is crucial.
- For those suspecting adultery, collecting admissible evidence (documentary, testimonial, or electronic) before filing a complaint is essential, bearing in mind the stringent proof requirements.
Intersection with Family Law Cases
- A spouse who has been a victim of bigamy or adultery may have simultaneous or subsequent civil remedies, including legal separation, declaration of nullity, annulment, or even suits for moral damages depending on the circumstances.
Avoiding Personal Liability
- If a person is unsure of the status of their previous marriage (e.g., separated for years but no judicial decree), it is imperative to secure a court declaration of nullity or annulment before entering another marriage.
- Believing that the first marriage is invalid (without a court’s decree) is not sufficient to avoid criminal liability for bigamy.
Possible Implications Under Other Laws
- VAWC Law (R.A. No. 9262): Marital infidelity can, in some scenarios, be deemed psychological or emotional violence under the Anti-Violence Against Women and Their Children Act.
- Support and Custody: Even if adultery or bigamy has been committed, parents must still fulfill support obligations to their children.

VI. Conclusion

Bigamy and adultery are serious offenses under Philippine law, reflecting the State’s high regard for the sanctity of marriage and the integrity of the family. Understanding the elements, penalties, and defenses to these crimes is crucial for anyone dealing with such issues. Equally important is recognizing the interplay between criminal liability under the Revised Penal Code and the civil remedies under the Family Code.

Anyone confronted with potential bigamy or adultery situations should seek professional legal counsel to guide them through the complexities of filing criminal complaints, pursuing civil remedies, and protecting their rights within the framework of Philippine law.

Disclaimer

This article provides general information on bigamy and adultery in the Philippine legal context. It should not be taken as legal advice. For detailed guidance and application of the law to a specific set of facts, please consult a qualified Philippine attorney.