Bigamy and Nullity of Marriage Under Philippine Law

Below is a comprehensive discussion of Bigamy and Nullity of Marriage under Philippine law. This article explains relevant statutory provisions, notable Supreme Court rulings, and practical considerations within the Philippine legal framework.

I. Overview

A. Bigamy

Bigamy refers to the act of contracting a second or subsequent marriage while a valid first marriage still subsists. It is a criminal offense in the Philippines, punishable under the Revised Penal Code (RPC). The purpose of bigamy laws is to protect the sanctity of marriage and uphold public policy against multiple and overlapping marital relations.

B. Nullity of Marriage

A null and void marriage is one that is considered nonexistent from its inception—it has no legal effect. Under Philippine law (primarily in the Family Code), certain conditions render a marriage null and void ab initio. This classification is separate from “voidable marriages” (which are valid until annulled) and from “legal separation,” which does not sever the marital tie but provides certain reliefs to the spouses.

II. Legal Basis

A. Bigamy Under the Revised Penal Code

  1. Definition and Punishment

    • Article 349 of the Revised Penal Code penalizes bigamy.
    • It states: “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 final judgment, shall be punished by prisión mayor.”
    • Prisión mayor has a duration of six (6) years and one (1) day to twelve (12) years. The exact duration depends on aggravating or mitigating circumstances.

  2. Elements of Bigamy
    To secure a conviction, the prosecution must prove the following:

    1. The offender has been legally married.
    2. The marriage has not been legally dissolved (or, in case of absence, the spouse has not been declared presumptively dead by final judgment).
    3. The offender contracts a second or subsequent marriage.
    4. The second or subsequent marriage has all the essential requisites for validity (i.e., it is solemnized and meets the formal and essential requisites of marriage, except that the first marriage is still subsisting).

  3. Importance of the Declaration of Nullity or Annulment

    • If the first marriage is void ab initio or annulled by a final judgment before contracting the second marriage, there is no bigamy.
    • If the first marriage was invalid from the start (e.g., lacking the essential requisites, incestuous, or bigamous itself) but not yet judicially declared void at the time of the second marriage, an individual may still be liable for bigamy until they secure a judicial declaration of nullity.

  4. Notable Jurisprudence

    • Tenebro v. Court of Appeals (G.R. No. 150758, February 18, 2004): The Supreme Court ruled that even if the first marriage is eventually declared null and void, the absence of that judicial declaration before contracting a second marriage is enough to hold the accused liable for bigamy.
    • Mercado v. Tan (G.R. No. 137110, August 1, 2000): The Court emphasized that a mere private belief or admission of nullity of marriage is not binding unless declared by the court.

B. Nullity of Marriage Under the Family Code

The Family Code of the Philippines (Executive Order No. 209, as amended) enumerates grounds for declaring a marriage void ab initio. Notable relevant provisions include:

  1. Article 35 – Void marriages due to lack of formal or essential requisites:

    • Either party is below 18 years of age.
    • Solemnization without a valid marriage license (unless exempted by law).
    • Solemnization by an unauthorized person, except in specific extraordinary situations.
    • Marriage in violation of certain conditions of marriage of exceptional character.
    • Bigamous or polygamous marriages not falling under Article 41 (presumptive death).
    • Mistake in the identity of one of the parties.

  2. Article 36 – Psychological Incapacity:

    • Marriage is void if one (or both) parties is psychologically incapacitated to comply with the essential marital obligations.
    • The Supreme Court has refined the concept through jurisprudence, requiring gravity, juridical antecedence, and incurability of the condition.

  3. Article 37 & 38 – Incestuous and Void by Reason of Public Policy:

    • Marriages between ascendants and descendants, brothers and sisters (whether full or half-blood), and other relationships prohibited on grounds of consanguinity or affinity.
    • Marriages void by reason of public policy, such as step-parents and step-children.

  4. Article 40 – Prior Judicial Declaration of Nullity:

    • A judicial declaration of nullity is required before contracting a subsequent marriage.
    • This codifies the rule that one cannot simply assume their previous marriage is void; there must be a court decision declaring it so.

  5. Article 41 – Presumptive Death:

    • If a spouse has been absent for four consecutive years (or two years in case of danger of death circumstances) and the present spouse has a well-founded belief that the absent spouse is dead, that spouse may secure a judicial declaration of presumptive death.
    • A subsequent marriage entered in good faith, after securing the court order, is valid unless there is proof of reappearance of the absentee spouse.

  6. Article 45 – Grounds for Annulment (Distinguished from Nullity)

    • Voidable marriages can be annulled if certain circumstances exist (e.g., lack of parental consent, insanity, fraud, force, impotence).
    • These do not automatically make the marriage void; they require a court petition for annulment.

III. Interplay Between Bigamy and Nullity of Marriage

  1. Null and Void First Marriage

    • Even if the first marriage is void from the start—say, it was bigamous or lacked a license—the spouse(s) cannot simply disregard it.
    • They must seek a judicial declaration of nullity. The Supreme Court has repeatedly stated that for criminal liability for bigamy, the absence of a prior judicial declaration is critical.

  2. Pending Nullity Proceedings

    • If the first marriage has not yet been judicially declared void and one spouse contracts a new marriage, that second marriage forms the basis for a bigamy charge.
    • The pendency of the nullity case alone does not exempt the spouse from bigamy liability if they have not yet secured the final judgment before marrying again.

  3. Good Faith Defense

    • A common misconception is that “good faith” or a belief that the first marriage is invalid is enough to avoid bigamy charges. It is not.
    • The law requires a judicial declaration or a final judgment of nullity to avoid liability.

  4. Consequences of Bigamous Marriages

    • A bigamous marriage itself is void ab initio under Article 35(4) of the Family Code.
    • Nevertheless, the criminal liability remains unless there was a valid judicial declaration prior to contracting the subsequent marriage.

IV. Procedural Aspects

A. Filing a Bigamy Charge

  • Bigamy is an offense that can be prosecuted motu proprio by the State, but typically the offended spouse or other interested parties initiate or provide the necessary evidence.
  • To initiate a complaint, the offended party may file a complaint before the Office of the City or Provincial Prosecutor.
  • The prosecutor will conduct a preliminary investigation to determine probable cause and, if found, file an Information in court.

B. Petition for Declaration of Nullity

  • A spouse (or both spouses jointly in some instances of psychological incapacity petitions) may file a Petition for Declaration of Nullity of Marriage before the Regional Trial Court (Family Court) in the jurisdiction where either spouse resides.
  • The court process includes:
    1. Filing of the petition, compliance with jurisdictional requirements;
    2. Service of summons to the other spouse;
    3. Pre-trial conference;
    4. Trial on the merits (including presentation of evidence, witnesses, etc.);
    5. Decision declaring the marriage void or dismissing the petition.
  • Once the decision becomes final and executory, the parties can annotate it on the marriage records and the civil registry.

C. Legal Effects of a Declaration of Nullity

  • Once the marriage is declared void, it is considered as if it never existed.
  • However, for property relations:
    • If both parties acted in good faith, their property regime is governed by co-ownership rules.
    • If one party acted in bad faith, that party forfeits his or her share in favor of their children or the innocent spouse (Article 147 & 148 of the Family Code on property regimes for void marriages).
  • For children born of a void marriage:
    • If both parents are in good faith, children are considered “legitimate” under specific provisions of law (Article 54 of the Family Code).
    • Otherwise, children have rights akin to illegitimate status, but still with support and inheritance rights from their biological parents.

V. Common Misconceptions

  1. “If the first marriage was void, the second marriage is automatically valid.”

    • Wrong. A judicial declaration of nullity is still required prior to contracting a second marriage.

  2. “Psychological incapacity can be used to avoid bigamy charges easily.”

    • Not so. Proving psychological incapacity in court involves stringent requirements (under Santos v. Bedia-Santos and Republic v. CA and Molina), and a mere allegation does not dissolve the first marriage instantly.

  3. “Civil annulment can retroactively legitimize a second marriage.”

    • A declaration of nullity or annulment affects the first marriage, but does not automatically cure the criminal liability for bigamy if the second marriage was contracted before the court declaration became final.

  4. “Good faith or ignorance of the first marriage’s validity absolves bigamy.”

    • The Supreme Court has consistently ruled that a mistaken belief in the nullity of the first marriage, without a judicial decree, is not a defense.

VI. Practical Considerations and Advice

  1. Secure Legal Representation

    • Criminal charges for bigamy can lead to lengthy imprisonment. It is crucial to consult a lawyer if you are facing or contemplating bigamy charges.
    • If seeking a declaration of nullity, an experienced family law practitioner can guide you in preparing and substantiating your case.

  2. Obtain Judicial Declaration Before Remarrying

    • If you suspect your first marriage is void (e.g., bigamous, lacking a license, or psychologically incapacitated partner), do not remarry until you obtain a final judgment of nullity.
    • Not doing so exposes you to criminal liability.

  3. Check Civil Registry Records

    • In certain cases, unscrupulous individuals may hide or misrepresent their marital status. Conduct due diligence by checking the Philippine Statistics Authority (PSA) or the local civil registry to confirm whether a potential spouse is legally free to marry.

  4. Timelines for Presumptive Death

    • If your spouse has been missing for a considerable period, consult legal counsel on the process for declaration of presumptive death under Article 41 of the Family Code.
    • Only after securing that declaration (if granted) can you safely contract another marriage.

  5. Property Settlement

    • Even in void marriages, property issues can be complex. Settlement of property rights must be addressed in the same nullity petition or in a separate proceeding, depending on the circumstances.

VII. Conclusion

Bigamy and the nullity of marriage are intertwined areas of Philippine law that focus on protecting the integrity of marriage and ensuring that legal relationships are upheld by proper judicial process. A marriage that is void ab initio does not free a party to remarry unless and until a court officially declares it null. Contracting a second marriage without that declaration can result in criminal liability for bigamy.

In all instances, the key rule is judicial intervention. Whether one is seeking to avoid criminal liability for bigamy or to clarify their civil status, the law and jurisprudence mandate securing a final and executory judgment on the status of the prior marriage. Familiarity with the relevant provisions of the Revised Penal Code and the Family Code, as well as careful observance of legal processes, is crucial in navigating these issues within the Philippine legal system.

Disclaimer: This article is provided for general informational purposes only and does not constitute legal advice. For specific concerns or legal assistance, individuals should consult a licensed Philippine attorney who can take into account the particular facts and circumstances of each case.

Disclaimer: This content is not legal advice and may involve AI assistance. Information may be inaccurate.

Privacy Policy

Terms of Use

Lawyer Login

 
 
Privacy Policy         Terms of Use         Lawyer Login