Disclaimer: The following discussion is provided for general informational purposes only and does not constitute legal advice. For specific concerns or cases, it is always best to consult a qualified attorney in the Philippines.

Overview of Bigamy in the Philippines

Bigamy, in Philippine law, refers to the act of contracting a second or subsequent marriage by someone who is still legally married to another person. It is a criminal offense defined and penalized under the Revised Penal Code (RPC), specifically under Article 349.

Under Article 349, the crime of bigamy is committed by any person who shall contract a second or subsequent marriage without the first marriage having been:

Legally dissolved, or
Declared void by a court of competent jurisdiction.

Key Points in the Law

Legal Dissolution of Marriage: In the Philippine setting, a marriage is not considered legally dissolved until there is a final judgment of annulment, nullity, or a final decree of legal separation (although legal separation alone does not dissolve the marriage bond, it merely separates bed and board).
Declaration of Nullity: Even if a marriage is void from the beginning (e.g., psychological incapacity under Article 36 of the Family Code, or other grounds), there must be a court declaration of nullity. Without such judicial declaration, the first marriage is still presumed valid, and a second marriage entered into can constitute bigamy.

Elements of Bigamy

To secure a conviction for bigamy, the following elements must generally be proven:

That the offender is legally married.
That the marriage has not been legally dissolved (or declared void) at the time the offender contracts the subsequent marriage.
That the offender contracts a second or subsequent marriage.
That the second or subsequent marriage would have been valid, had it not been for the subsistence of the first marriage.

All these elements must be present for bigamy to be considered committed.

Penalty for Bigamy

Pursuant to Article 349 of the Revised Penal Code, bigamy is generally punished by prisión mayor. Under the current parameters of the Revised Penal Code, prisión mayor ranges from six (6) years and one (1) day to twelve (12) years. The exact duration of imprisonment to be imposed is typically left to the discretion of the court, following the rules on indeterminate sentence and taking into account aggravating or mitigating circumstances.

Common Defenses or Exceptions

Judicial Declaration of Nullity or Annulment Before Second Marriage
If the first marriage had already been judicially declared null or void before contracting the subsequent marriage, bigamy does not apply. This is because one of the elements (an existing valid first marriage) would be missing.
Subsequent Declaration of Nullity
A tricky scenario arises if the first marriage was void from the start (void ab initio), but had not yet been judicially declared as such when the second marriage was contracted. The Supreme Court of the Philippines has repeatedly ruled that, for criminal liability to attach, it is not enough that the first marriage was void in fact; the person must have sought and secured a court declaration. Absent this, the first marriage is presumed valid, supporting a bigamy charge.
Lack of Knowledge
If someone can prove that they had no knowledge of the earlier, valid marriage of their partner (e.g., the second spouse truly believed the other was single, due to deception), this can be a mitigating or exculpatory factor—although it typically applies to the second spouse’s good faith rather than the criminal liability of the spouse who contracted both marriages.
Mistake of Fact
A rarer defense is if the accused believed in good faith that the first marriage was validly terminated, but this defense generally requires extraordinary proof—merely alleging belief that a marriage was annulled without an actual court decree is usually not sufficient.

Prescription (Time Limits to File the Case)

The prescriptive period for bigamy under Philippine law has been clarified by the Supreme Court in various decisions. In criminal cases, prescription is the period within which a criminal complaint or information must be filed. If the period lapses, the right of the State to prosecute is extinguished.

The rule, as clarified in cases like People v. Bayot, is that the period to file a bigamy case begins not necessarily on the date of the celebration of the second marriage but usually from the time the offense was discovered by the aggrieved party or by State authorities.
Bigamy has a relatively long prescriptive period (often set by the RPC at 15 years, but always verify the latest amendments or interpretations).

Effect of Subsequent Annulment of First Marriage

A recurring question is: If, after contracting the second marriage, the first marriage is declared null, does that remove criminal liability for bigamy?

Generally, no. The Supreme Court has held that the criminal act of bigamy is assessed at the time of celebration of the second marriage. If at that moment, the first marriage was still deemed valid (no judicial declaration of nullity), then bigamy was already consummated. A later annulment or declaration of nullity of the first marriage does not retroactively extinguish criminal liability.

Bigamy vs. Concubinage or Adultery

Adultery (for a married woman and her paramour) or Concubinage (for a married man under specific circumstances) are separate crimes under the Revised Penal Code dealing with marital infidelity. These offenses do not require a second marriage.
Bigamy focuses on the act of entering into another legal marriage contract while one is still subsisting.

An important distinction is that bigamy is punishable whether or not the accused is cohabiting with another person—what matters is the execution of the second (or subsequent) marriage contract.

Court Procedure & Where to File

Filing a Complaint: An offended party (usually the abandoned spouse) or the State (through the prosecutor’s office) can initiate a complaint for bigamy.
Venue: Typically filed with the Office of the Prosecutor that has jurisdiction where the second marriage was contracted, because that is where the criminal act took place.
Preliminary Investigation: The prosecutor evaluates the complaint to determine if there is probable cause.
Arraignment and Trial: If the prosecutor finds probable cause, an Information for bigamy will be filed in court, and the trial will proceed according to the Rules on Criminal Procedure.

Practical Considerations

Proof of Subsisting Marriage: In bigamy prosecutions, it is crucial to establish with official documents (e.g., marriage certificates) that the first marriage had not been annulled, dissolved, or declared void before the subsequent marriage.
Proper Certification from the PSA (Philippine Statistics Authority): Typically, the prosecutor or the complaining spouse will secure authenticated copies of the relevant marriage certificates and negative certification of annulment/nullity to show there was no final court decision dissolving the first marriage.
Possibility of Civil Liability: While bigamy is primarily a criminal offense, the spouse who was wronged may also consider civil actions for moral damages, etc., although such claims are typically ancillary or require a separate civil complaint.

Illustrative Example

Spouse A and Spouse B are legally married.
Without obtaining an annulment or a declaration of nullity for this marriage, Spouse A contracts another marriage with Spouse C.
Even if Spouse A and Spouse B have lived apart for many years, or if Spouse B refused to sign annulment papers, as long as no final judicial decree dissolving the first marriage exists, Spouse A can be prosecuted for bigamy.
The prescriptive period would typically start running once Spouse B or the relevant authorities discover the second marriage.

Notable Jurisprudence

Tenebro v. Court of Appeals (G.R. No. 150758, February 18, 2004): The Supreme Court reiterated that a judicial declaration of nullity of the first marriage obtained after the celebration of the second marriage does not bar a prosecution for bigamy.
People v. Borromeo and other cases: Emphasize that a subsequent judicial declaration of nullity does not exculpate the accused from bigamy committed at the time the second marriage was contracted.
Marquez v. Marquez (discussed in lower courts and various decisions): Illustrates how a later recognition or nullity decree does not retroactively cure the crime of bigamy.

Conclusion

In the Philippines, bigamy is a serious criminal offense aimed at protecting the sanctity and exclusivity of the marital bond. A person remains legally bound by the existing marriage until there is a final and executory judgment of annulment, nullity, or dissolution (in the specific legal contexts allowed by Philippine law). Contracting another marriage without resolving the first one invariably leads to liability for bigamy, punishable by imprisonment under the Revised Penal Code.

For individuals who feel they may be affected—either as an accused or a victim—it is essential to:

Seek immediate legal advice,
Gather all relevant documentation (marriage certificates, court decisions, etc.), and
Understand how the law and the courts apply in your specific circumstances.

Always consult a Philippine-licensed attorney to navigate the complexities of bigamy charges, potential defenses, and proper legal proceedings.