Disclaimer: The information provided below is for general informational and educational purposes only, particularly within the Philippine legal framework. It should not be taken as legal advice. For specific questions or legal concerns about bigamy or any related matter, it is always best to consult a licensed attorney in the Philippines.

I. Introduction

Bigamy is a criminal offense in the Philippines, defined under Article 349 of the Revised Penal Code (RPC). It occurs when a person who is still legally married contracts a second or subsequent marriage without a valid termination or declaration of nullity of the first. Due to the country’s strong adherence to the sanctity of marriage, bigamy is treated seriously.

When facing suspicions or questions of bigamy, individuals, public officials, and legal practitioners often review official records, verify relevant documents, and (if needed) file criminal complaints. This article aims to provide an overview of:

The legal basis for bigamy in the Philippines.
The essential elements of a bigamy case.
Steps and methods to check or investigate potential bigamy.
Possible defenses to a charge of bigamy.
Penalties, jurisdiction, and related considerations.
Key jurisprudence insights.

II. Legal Basis and Definition

A. Revised Penal Code (Article 349)

Under Article 349 of the Revised Penal Code of the Philippines, bigamy is defined and penalized as follows:

"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, shall be guilty of bigamy."

From this definition:

A first, subsisting marriage must exist.
A second or subsequent marriage is contracted.
There is no valid termination, annulment, or legal declaration of nullity of the first marriage.
There is no judicial declaration that the absent spouse is presumptively dead (under Articles 41 and 42 of the Family Code or the old Civil Code provisions).

III. Elements of Bigamy

To prove bigamy, the prosecution (or the complaining party) must establish the following four elements:

Existence of a prior legal marriage: The accused must be validly married to someone. In Philippine jurisprudence, it is not enough to prove the ceremony; the marriage must be shown to have complied with the legal requirements (e.g., marriage license, authorized solemnizing officer, etc.).
Subsistence of the first marriage: The first marriage remains valid and has not been dissolved or declared void or annulled by final judgment. In the Philippines, one cannot simply assume a marriage is void from the beginning; there must be a judicial declaration of nullity or annulment (except in specific circumstances covered by law, such as foreign divorce recognized under certain conditions, or the reappearance of a spouse previously declared presumptively dead).
Celebration of a second (or subsequent) marriage: The accused contracts another marriage while the first valid marriage is still in force.
No valid cause or justification for the second marriage: For instance, there is no final court order annulling the first marriage, or the absent spouse is not judicially declared presumptively dead under the proper legal procedure.

Failure to establish any one of these elements may result in the dismissal or acquittal of a bigamy charge.

IV. How to Check or Investigate Potential Bigamy

If you suspect that someone may have entered into a second marriage while still legally married to a first spouse, you can undertake the following steps:

Gather Initial Information:
- Obtain personal details of both marriages: dates, places, names of parties, details of marriage licenses (if available).
- If possible, secure personal statements or affidavits from witnesses, family members, or the parties themselves.
Check Official Marriage Records:
- Philippine Statistics Authority (PSA) and Local Civil Registrar (LCR):
  Request Certificates of Marriage for both the allegedly first and subsequent marriages. The PSA and the Local Civil Registrar maintain marriage records. Officially certified copies of both marriage certificates are critical pieces of evidence in a bigamy investigation.
- Verify the Authenticity:
  Confirm that these documents are genuine by obtaining them directly from the PSA or LCR. Pay attention to the marriage license numbers, the date and place of issuance, and the name and designation of the solemnizing officer.
Check for Annulment or Nullity Decrees:
- If the subject claims that their first marriage was annulled or declared void, request a certified copy of the court decision or decree of nullity/annulment.
- Verify with the Regional Trial Court (RTC) where the annulment/nullity case was supposedly heard. Court decisions or finality certificates are needed. An ongoing or incomplete annulment proceeding does not dissolve the marriage.
Check for Presumptive Death or Foreign Divorce Recognition:
- Under certain conditions (e.g., if the spouse has been absent for four consecutive years, or two years if there is danger of death, and a judicial proceeding has declared the spouse presumptively dead), a subsequent marriage may be valid.
- A foreign divorce can be recognized in the Philippines only if obtained by an alien spouse and subsequently recognized by a Philippine court. Make sure to look for the judicial recognition of that foreign divorce. Without it, the first marriage may still be considered valid, leading to a potential bigamy case.
Consult Legal Counsel or Authorities:
- If sufficient documentation suggests a first valid marriage still subsists and a new marriage was contracted, one may consult the City Prosecutor’s Office or a private lawyer for advice on filing a criminal complaint.
- The criminal complaint for bigamy is typically filed with the Office of the Prosecutor in the place where the second (or subsequent) marriage was celebrated.
Obtain Additional Evidence:
- If the matter proceeds to court, further evidence like photos, testimonies, or any documents showing cohabitation or marital life with the second spouse may help strengthen the case.

V. Possible Defenses in a Bigamy Case

While bigamy is a serious offense, certain defenses or justifications may exculpate an accused:

Void Ab Initio or Invalid First Marriage Without Need of a Judicial Declaration:
Under very limited scenarios (e.g., absence of a marriage license in a purely civil wedding), the first marriage might be considered void from the beginning. However, Philippine jurisprudence generally requires a judicial declaration of nullity before contracting a subsequent marriage to avoid criminal liability.
Judicial Annulment or Declaration of Nullity Prior to Second Marriage:
Presenting a certified copy of a court decision showing that the first marriage was declared null and void or annulled before the second marriage is a complete defense.
Spouse Declared Presumptively Dead by a Court:
If the accused had secured a proper court decree declaring the first spouse presumptively dead under Article 41 of the Family Code (or the relevant provisions under the old law), the subsequent marriage may be valid.
Recognition of Foreign Divorce:
If the accused was the foreigner or the spouse was a foreigner who initiated a divorce abroad and that divorce was recognized by a Philippine court (through a separate recognition proceeding), the first marriage is effectively terminated under Philippine law.
Lack of Intent or Mistake of Fact (Rare and Difficult to Prove):
For instance, if the accused can prove they genuinely believed their previous marriage was lawfully terminated (based on erroneous legal advice or falsified documents they reasonably relied on). These are highly fact-specific situations.

VI. Penalties, Prescription, and Jurisdiction

A. Penalty

Under Article 349 of the RPC, the penalty for bigamy is prisión mayor, which ranges from 6 years and 1 day to 12 years. The exact duration within this range depends on aggravating and mitigating circumstances.

B. Prescription of the Crime

Generally, crimes punishable by prisión mayor have a prescriptive period of 15 years under the Revised Penal Code. This means if no legal action is taken within 15 years from the commission of bigamy (or from its discovery, under certain interpretations), prosecution may no longer be pursued.

C. Jurisdiction

Criminal jurisdiction typically lies with the Regional Trial Court (RTC) of the place where the second (or subsequent) marriage was contracted. The complaint is usually initiated before the local prosecutor’s office, which then files an information in court if it finds probable cause.

VII. Important Jurisprudential Points

Judicial Declaration of Nullity
Philippine Supreme Court decisions emphasize that for a person to avoid bigamy charges when the first marriage is voidable or suspected to be void from the start (e.g., psychological incapacity, lack of license, or other grounds under the Family Code), that person must first obtain a court declaration of nullity before contracting a subsequent marriage.
Recognition of Foreign Divorce
If the spouse is a foreigner who obtains a divorce outside the Philippines, the Filipino spouse may remarry only after a Philippine court grants recognition of that foreign divorce in a separate legal proceeding. Failure to do so can result in a bigamy charge.
Burden of Proof
The prosecution has the burden to prove beyond reasonable doubt all elements of bigamy. If the marriage certificates or official records presented in court do not sufficiently establish the validity of either marriage, or if the accused can present a valid legal defense, acquittal is possible.

VIII. Practical Tips and Reminders

Always Secure a Judicial Decree of Nullity or Annulment: Never assume a marriage is void or automatically dissolved. Under Philippine law, a judicial declaration or recognized foreign judgment is crucial.
Use PSA-Authenticated Documents: PSA (formerly NSO) records carry more weight as evidence in bigamy investigations and court proceedings.
Consult Professional Legal Help: Each bigamy case can have unique circumstances—especially those involving separation de facto (without formal annulment), foreign divorces, or presumptive death. Engaging a lawyer helps navigate the complexities.
Act Promptly: If you believe bigamy has been committed, remember that the crime can prescribe after a certain period. Delayed action might prevent prosecution.

IX. Conclusion

Bigamy in the Philippines is a serious criminal offense that upholds the principle of “one at a time” in terms of valid marriages. Whether you are investigating a potential bigamy case or assessing your own marital status, understanding the key elements, verifying official records, and clarifying any prior court decrees or foreign divorce recognitions are crucial steps. Ultimately, because bigamy implicates both private rights (the marital relationship) and public policy (the State’s interest in protecting the institution of marriage), Philippine laws and courts treat such matters with strict scrutiny.

If you suspect bigamy or find yourself involved in a complex marital situation, consult a qualified Philippine attorney who can offer personalized guidance and ensure that you navigate the legal requirements effectively.