Below is a comprehensive discussion of the crime of Bigamy under Philippine law, including relevant statutes, elements, common defenses, procedural matters, and key points of jurisprudence. This is for general informational purposes only and does not constitute legal advice. For specific questions, always consult a qualified Philippine attorney.

1. Legal Basis: The Revised Penal Code

Bigamy in the Philippines is penalized under Article 349 of the Revised Penal Code (RPC), which states:

“Article 349. 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.”

Penalty for Bigamy

Prisión mayor has a duration of six (6) years and one (1) day to twelve (12) years.
The exact duration of imprisonment depends on any mitigating or aggravating circumstances, as determined by the court.

2. Elements of Bigamy

To secure a conviction for bigamy, all of the following elements must be established:

The offender is legally married.
There must be an existing, valid marriage at the time of contracting the second one.
The previous marriage has not been dissolved or declared void.
- If a marriage is annulled or declared void ab initio by a court in a final judgment, the person is free to marry again.
- A mere separation (even if legal separation) is not the same as a declaration of nullity or an annulment.
- A foreign divorce generally has no effect in the Philippines unless it complies with the requirements of Philippine law (and recognized as valid in the Philippines).
The offender contracts a second or subsequent marriage.
- There must be an act of formal marriage solemnization, abiding by at least the essential and formal requisites of marriage under Philippine law.
- Even if later declared void or voidable, if the second marriage ceremony took place under legal forms, it can still constitute bigamy.
Both marriages have all the essential or formal requisites (except for the existence of a prior undissolved marriage).
- The second marriage must appear to be valid on its face, aside from the legal impediment caused by the first undissolved marriage.

Note: The crime is consummated upon performance of the subsequent marriage ceremony while the first marriage is still subsisting.

3. Common Questions About Bigamy

3.1. What if the first marriage is void from the start?

Under Philippine jurisprudence, if the first marriage is void ab initio, there is technically no valid marriage that could have prevented the accused from contracting another marriage. However, it is important to note that the accused cannot, on their own, assume that the first marriage was void; a judicial declaration of nullity is generally required.

In Moreno v. Bernabe and other rulings, the Supreme Court held that a person who unilaterally treats a previous marriage as void and remarries without judicial declaration may still be prosecuted for bigamy. A declaration of nullity is usually necessary to remove any doubt as to the status of the first marriage.

3.2. What if the second marriage occurs abroad?

Even if the second (or subsequent) marriage is celebrated outside the Philippines, bigamy charges can still be filed in Philippine courts if the accused is a Filipino citizen and certain jurisdictional requirements under Philippine criminal law are met (e.g., the principle of territoriality may be nuanced by case law on extraterritorial offenses, but typically, the fact that the marriage abroad continues to have an effect in the Philippines can trigger prosecution). One must consult a lawyer to clarify how and where to file charges in such circumstances.

3.3. What if there is a divorce decree abroad?

Under Philippine law, divorce obtained abroad by a Filipino citizen is generally not recognized (Article 15 of the Civil Code; Family Code provisions). Only if the foreign divorce is validly obtained by a foreign spouse (i.e., the spouse who is a non-Filipino) and subsequently recognized by Philippine courts can the Filipino remarry without incurring bigamy liability.

3.4. Is prior knowledge or consent of the first spouse a defense?

No. Even if the first spouse knew or consented to the second marriage, bigamy is a public offense against the State. Spousal consent or forgiveness is generally not a defense.

4. Procedure for Filing Bigamy Charges

4.1. Who Can File the Case?

Bigamy is classified as a public crime. Thus, any person who has knowledge of the bigamous marriage—commonly the offended spouse but not necessarily limited to them—may file a complaint. Ultimately, the public prosecutor (fiscal), upon finding probable cause, files the appropriate information in court.

4.2. Where to File the Complaint

Criminal complaints are usually filed before the Office of the City Prosecutor or Provincial Prosecutor where the crime was committed. Under established doctrines, bigamy is considered consummated in the place where the second marriage ceremony was performed. Hence, the complaint is typically lodged in the locality where the subsequent marriage took place.

4.3. Required Evidence

Typical supporting documents include:

Certified true copies of both marriage certificates (the first and the alleged subsequent marriage).
Certificate of No Record of Annulment or Declaration of Nullity from the local civil registrar or the Philippine Statistics Authority (PSA) to show that no valid court decision set aside the first marriage.
Testimonies from witnesses attesting to the existence of the two marriages.
Affidavit of the offended party (if applicable).

Upon completion of preliminary investigation and if probable cause is found, the prosecutor’s office files the Information for bigamy before the Regional Trial Court, which then acquires jurisdiction over the case.

5. Defenses in Bigamy Cases

Judicial Declaration of Nullity of the First Marriage
A final and executory judgment declaring the first marriage void prior to the second marriage generally negates bigamy charges.
Death of the First Spouse
If the first spouse died prior to the second marriage, obviously no crime exists.
Recognition of Foreign Divorce
If one spouse is a foreign national who secured a valid divorce abroad that was subsequently judicially recognized in the Philippines, the Filipino spouse can validly remarry.
Absence of an Essential/Requisite of Marriage
If the second marriage was itself void for reasons such as lack of a marriage license, or an invalid officiant with no authority, it may not meet the basic elements of bigamy. (However, this line of defense can be tricky; the courts usually look at the face of the marriage certificate and the semblance of a valid ceremony.)
Lack of Proof of First Marriage
If, for some reason, the prosecution fails to prove the validity of the first marriage (e.g., incomplete or missing records, or forged documents), bigamy may not stand.

6. Selected Jurisprudence

Mercado v. Tan (G.R. No. 137110) – Clarified the principle that a judicial declaration of nullity is necessary before one can remarry.
People v. Mendoza – Emphasized that prior spousal consent or knowledge does not negate bigamy.
Atienza v. Brillantes – Reiterated that the place of the second marriage is the jurisdiction where the bigamy case can be filed.

These cases underscore the Supreme Court’s stance that contracting a second marriage without a formal court declaration ending the first marriage almost invariably results in criminal liability for bigamy.

7. Prescription of the Crime

Criminal liability for bigamy prescribes in fifteen (15) years under Article 90 of the Revised Penal Code (since the penalty is prisión mayor). This means the State can no longer prosecute the offense once 15 years have passed from the date of the commission of the crime (i.e., the date of celebration of the second marriage). In practice, computation of the prescriptive period can become a point of contention, so it is best determined on a case-by-case basis by the court.

8. Practical Points and Reminders

Always Secure a Court Declaration
Before remarrying, a party from a problematic or questionable prior marriage should always seek a court declaration of nullity, annulment, or recognition of foreign divorce. A personal belief that the first marriage was void or the use of a mere separation agreement is insufficient.
Public Offense
Because bigamy is a public crime, any private agreements or “forgiveness” between spouses do not automatically bar the criminal complaint.
Effect on Children
Although bigamy focuses on the criminal aspect, it may also have ramifications for legitimacy and inheritance rights of children. Civil law issues often arise parallel to the criminal case.
Consult a Lawyer
Both the accused and the offended spouse(s) should consult lawyers to fully understand the implications—whether pursuing a complaint or building a defense.

9. Conclusion

Bigamy in the Philippines is a serious offense penalized under Article 349 of the Revised Penal Code. It can arise when a person contracts a second marriage without having a legally valid termination of the first. The formal requisites of marriage in the Philippines are strict, and only a judicial declaration of nullity or valid recognition of foreign divorce can clear the path for a subsequent valid marriage. Filing charges typically involves proving the existence of the first undissolved marriage, showing the second marriage was contracted, and establishing that no valid court decree dissolved the earlier union. Because of the complexity and gravity of the potential penalties, individuals facing bigamy issues—whether as complainants or accused—are strongly advised to seek professional legal counsel.

Disclaimer: This article provides general legal information based on Philippine law. It does not substitute for personalized legal advice. For any specific situation, especially those involving multiple marriages, foreign divorces, or complex timelines, consult a licensed Philippine attorney.