Simplified Query: What was the legal provision regarding bigamous marriages in the Philippines before the Family Code was established?
In the Philippines, before the Family Code of 1987 came into effect, bigamous marriages were governed by the Revised Penal Code (RPC). The RPC is a comprehensive law that outlines various offenses and their corresponding penalties, and bigamy is specifically addressed in Article 349.
Legal Provision
According to Article 349 of the Revised Penal Code, any person who contracts a second or subsequent marriage without legally dissolving the first marriage is guilty of bigamy. The penalty for bigamy, as stated in the provision, is prision mayor, which typically ranges from six years and one day to twelve years of imprisonment.
Definition of Bigamy
Bigamy is defined as the act of marrying someone while still being legally married to another person. The law considers this as an offense against civil status, as it disrupts the legal and societal institution of marriage.
Application and Enforcement
Before the Family Code was enacted, the RPC was the primary law governing family-related matters, including bigamy. The burden of proof for a bigamy case under the RPC was on the prosecution, which needed to demonstrate the existence of a prior valid marriage and the subsequent marriage.
Notable Exceptions
The RPC, as well as later laws, acknowledged certain exceptions to bigamy charges. For instance, if the first marriage was legally annulled or if the spouse in the first marriage was declared absent or dead through appropriate legal proceedings, subsequent marriages were not considered bigamous.
Overlap with the Family Code
When the Family Code was introduced in 1987, it provided clearer and more detailed regulations on marriage, divorce, and annulment. However, the provision in the RPC regarding bigamy remained effective and applicable, with the Family Code complementing and enhancing the legal framework related to marriage and family matters.
Conclusion
Before the Family Code, bigamous marriages in the Philippines were primarily addressed by Article 349 of the Revised Penal Code, which criminalized the act and imposed strict penalties on offenders. This provision provided a foundational legal stance against bigamy and set the stage for the more comprehensive regulations introduced later by the Family Code.