Below is a general discussion on filing bigamy charges against a spouse under Philippine law. This information is provided for educational purposes only and does not substitute for the advice of a qualified attorney. If you need help with a specific case, please consult a licensed Philippine lawyer.

1. Definition and Overview

Bigamy is the act of contracting a second (or subsequent) marriage before a legally valid first marriage has been dissolved or declared void. Under Philippine law, bigamy is punished as a criminal offense. The main provision can be found in Article 349 of the Revised Penal Code, which states:

“Bigamy. — The penalty of prisión 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.”

Essentially, if your spouse marries another person while you are still legally married (and no valid judgment has dissolved your marriage or declared you presumptively dead), then you may have grounds to file bigamy charges.

2. Elements of Bigamy

To prove bigamy in court, the prosecution must establish the following:

The offender is legally married.
The accused must have already contracted a valid, subsisting marriage that has not been dissolved or declared void by final judgment.
The marriage is still in effect when the subsequent marriage is contracted.
No valid decree of annulment, declaration of nullity, or declaration of presumptive death has terminated the first marriage.
The offender contracts a second or subsequent marriage.
There must be another formal marriage ceremony or contract that purports to be valid under Philippine law.
No valid justification exists for the second or subsequent marriage.
For instance, the first spouse has not been declared presumptively dead under Article 41 of the Family Code, or the first marriage has not been dissolved in accordance with Philippine law.

If these elements are present, a criminal charge for bigamy may be pursued.

3. Related Legal Concepts

Presumptive Death (Article 41, Family Code)
If one spouse has been absent for four consecutive years (or two years, under certain circumstances such as danger of death), the present spouse may file a petition in court to declare the absent spouse presumptively dead for purposes of remarriage. A granted petition is a valid defense against bigamy charges because it effectively ends the first marriage for remarriage purposes. However, if the petition for presumptive death has not been judicially granted (or was fraudulently obtained), the new marriage may be vulnerable to a bigamy charge.
Nullity vs. Annulment of Marriage
- A null and void marriage (for example, a marriage contracted without a valid license or by minors below the lawful age without proper exceptions) is void from the beginning; theoretically, it never existed in law.
- An annullable marriage can be valid until a court declares it void based on grounds such as lack of parental consent, insanity, or fraud.
In both cases, until a court has issued a final judgment recognizing that the marriage is void or annulling it, the marriage is still treated as valid for bigamy purposes.
Psychological Incapacity (Article 36, Family Code)
One ground for declaring a marriage void is psychological incapacity, but as with other grounds, a formal court proceeding is required. The absence of a court declaration means the marriage is still legally valid.
Legal Separation vs. Declaration of Nullity/Annulment
A legal separation does not end a marriage. Even if spouses live apart through a legal separation decree, contracting another marriage can still be considered bigamy if the first marriage remains valid.

4. Penalties

Under Article 349 of the Revised Penal Code, the penalty for bigamy is prisión mayor, which ranges from six (6) years and one (1) day to twelve (12) years. The exact duration within that range is determined by the court, considering any mitigating or aggravating circumstances.

5. Jurisdiction and Venue

A criminal complaint for bigamy is typically filed with the Office of the City Prosecutor (or Provincial Prosecutor) where the second or subsequent marriage was contracted or registered. In certain instances, the place of marriage ceremony or the civil registry location is relevant in determining the proper venue.

6. Filing the Complaint

Here is a step-by-step outline of how one generally initiates a bigamy case:

Gather Evidence
- Proof of the first, valid marriage (e.g., certified true copy of the marriage certificate).
- Proof of the second or subsequent marriage (e.g., certified true copy of the subsequent marriage certificate, statements from witnesses who attended the second wedding, or documentary evidence that the marriage took place).
- Any additional evidence showing that the accused knew about the first marriage but still entered into the subsequent one.
Prepare an Affidavit-Complaint
- The complainant (often the aggrieved spouse) executes a Sinumpaang Salaysay (sworn statement) detailing the facts and allegations supporting the bigamy charge.
- This is typically done with the assistance of a private counsel or the Public Attorney’s Office.
File with the Prosecutor’s Office
- Submit the affidavit-complaint and supporting documents to the Office of the Prosecutor having jurisdiction over the place where the second or subsequent marriage was contracted.
- Pay any required filing fees or charges, if applicable.
Preliminary Investigation
- The prosecutor will conduct a preliminary investigation to determine if there is probable cause to charge the accused with bigamy.
- The accused may submit a counter-affidavit to refute the allegations.
- After examining all evidence, the prosecutor will decide whether to dismiss the complaint or file an Information in court.
Arraignment and Trial
- If the Information is filed in court, the accused is arraigned (formally charged in court), and a plea is entered.
- The case then proceeds to trial, where the prosecution must establish all the elements of bigamy beyond reasonable doubt.

7. Common Defenses

Invalidity of the First Marriage
- The accused may argue that the first marriage is null and void from the beginning, meaning it never had legal effect. However, note that a mere claim of nullity is insufficient; a final court decision is typically necessary to establish that the first marriage was void ab initio.
Judicial Declaration of Nullity or Annulment Obtained Prior to the Second Marriage
- If, before the second marriage, the accused lawfully secured a final judgment declaring the first marriage null or annulling it, bigamy does not apply.
Declaration of Presumptive Death
- The accused may argue that the first spouse was judicially declared presumptively dead under Article 41 of the Family Code, allowing him or her to remarry.
No Subsequent Marriage
- If the ceremony in question was not a legal marriage (e.g., no proper license, or a sham ceremony not meeting legal requirements), the crime of bigamy may not be established.
Good Faith / Lack of Knowledge
- Although bigamy is considered a malum prohibitum (where criminal intent is typically not an element), the accused might try to argue that he or she was misled to believe the first marriage was dissolved (e.g., forged court orders, fraudulent documents, or the spouse claiming an annulment had already been granted). Whether this argument succeeds depends on the circumstances, but it can be raised.

8. Notable Supreme Court Decisions and Jurisprudence

Tenebro v. Court of Appeals, G.R. No. 150758 (2004)
- The Supreme Court underscored that bigamy can exist even if the first marriage is later declared null and void. The focus is the existence of a subsisting marriage at the time the second marriage was contracted.
Mercado v. Tan, G.R. No. 137110 (2000)
- Clarified certain issues on presumptive death and remarriage. While the facts centered on remarriage after a judicial declaration, the case illustrates how a court’s formal declaration matters to avoid criminal liability.
Moreno v. Bernabe, G.R. No. 144583 (2003)
- Reiterated that for a marriage to be considered void from the beginning, there must be a judicial declaration of nullity. Until such a declaration is secured, the marriage is presumed valid.

These cases highlight that the critical moment for determining criminal liability is the point of contracting the second marriage while the first marriage is still legally existing. Whether the first marriage is later annulled or declared void does not generally absolve a person from bigamy if, at the time of the second marriage, the first marriage had not yet been dissolved by final judgment.

9. Practical Considerations

Civil Aspects
- Aside from criminal liability, bigamy may have civil repercussions. For instance, the second marriage is typically void, affecting property relations, legitimacy of children, and spousal support claims.
Reconciliation and Forgiveness
- Even if the first spouse forgives the offending spouse, bigamy is considered a crime against public interest and is prosecuted by the State. A private settlement or withdrawal of the complaint does not automatically dismiss the criminal case, though it may lead to practical considerations for prosecutors.
Importance of Proper Legal Counsel
- Given the complexity of family and criminal laws, parties should seek legal counsel immediately upon discovering potential bigamy.
Timeframe
- Criminal actions for bigamy are subject to the rules on prescription (the period after which the crime can no longer be prosecuted). Under the Revised Penal Code, bigamy generally prescribes in fifteen (15) years from the commission of the offense. Ensure you consult the applicable rules and recent Supreme Court decisions on when prescription starts to run (often from the time the crime is discovered).

10. Summary

Bigamy is a criminal offense in the Philippines punishable by up to twelve years’ imprisonment.
A valid, existing first marriage that is not dissolved or annulled prior to contracting a subsequent marriage satisfies the key element of bigamy.
Filing bigamy charges involves collecting evidence, executing a sworn affidavit, and going through preliminary investigation by a prosecutor.
Key defenses revolve around proving that the first marriage was already invalid, annulled, or dissolved, or that the second marriage is not legally valid.
Supreme Court jurisprudence consistently emphasizes that a judicial declaration of nullity or dissolution must exist prior to entering another marriage to avoid liability for bigamy.

Important Note

This article provides a broad outline of legal concepts under Philippine law on bigamy. Because every case has unique facts and nuances, it is vital to consult a Philippine-licensed attorney for personalized advice or representation.