How to Check Bigamy Cases in the Philippines: A Comprehensive Legal Guide

Bigamy, as defined and penalized under Philippine law, occurs when a person who is already legally married contracts another marriage without the first marriage having been legally dissolved or declared void. This article provides an overview of everything you need to know about bigamy in the Philippines, including its legal basis, elements, procedure, penalties, defenses, and relevant jurisprudence.

1. Legal Definition and Basis

In the Philippines, the crime of bigamy is governed by Article 349 of the Revised Penal Code (RPC), 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.”

Key Points:

Bigamy is a public crime: State authorities may initiate an investigation upon discovery that a person has allegedly contracted a second marriage while the first subsists.
The mere fact that the second (or subsequent) marriage was entered into while a prior valid marriage remained in force is enough to constitute bigamy.

2. Essential Elements of Bigamy

The Supreme Court of the Philippines has consistently upheld the following elements of bigamy:

The offender is legally married.
- A valid and existing first marriage must be proven. This is typically established by presenting the first marriage certificate or other official proof of marriage.
The first marriage has not been legally dissolved or, in case of an absent spouse, there is no judicial declaration of presumptive death.
- The first marriage must still be in force or must not have been annulled, declared null and void, or dissolved.
- If a spouse has disappeared, failing to obtain a proper court declaration of presumptive death means the first marriage still subsists for legal purposes.
The offender contracts a second or subsequent marriage.
- Proof of the second or subsequent marriage is usually the marriage certificate or similar official document.
The second or subsequent marriage has all the essential requisites for validity.
- Even if the second marriage eventually turns out to be null and void for reasons unrelated to the existence of a prior marriage, if it meets the formal requisites at the time it was celebrated, the act may still be prosecuted as bigamy.

3. How to Check for Bigamy in Actual Cases

When suspecting or investigating bigamy in the Philippines, individuals and law enforcement typically conduct the following checks:

Obtain Certified True Copies of Marriage Certificates
- Request certified true copies from the Philippine Statistics Authority (PSA) or the Local Civil Registrar.
- The first marriage certificate confirms the subsistence of the initial marriage. The second marriage certificate confirms the existence of another ceremonial and registered marriage.
Verify the Status of the First Marriage
- Check if there is any court decree of annulment, nullity of marriage, or legal separation. Note that legal separation does not dissolve the marriage bond and, therefore, does not allow remarriage.
- Check if a court has issued a Declaration of Presumptive Death in cases where one spouse was absent for a period specified by law (four years generally, or two years under exceptional circumstances). Absent such a declaration, the first marriage continues to exist legally.
Confirm the Date and Circumstances of the Second Marriage
- Ensure that the second marriage took place while the first was still in force. Prosecution hinges on showing that the accused contracted the subsequent marriage while fully aware of the subsisting first marriage.
Gather Documentary and Witness Testimonies
- Statements from those who witnessed either of the marriages can be used as supporting evidence.
- Official documents (marriage licenses, certificates, etc.) should be collected to verify the timeline of events.

4. Penalties for Bigamy

Under Article 349 of the Revised Penal Code:

The penalty is prisión mayor, which ranges from six (6) years and one (1) day to twelve (12) years.
The exact penalty within this range is determined by the court, taking into account aggravating or mitigating circumstances.

Because bigamy is a criminal offense, the offender faces not only imprisonment but also a possible criminal record that can affect future civil, social, or professional standing.

5. Defenses and Exceptions

While bigamy is a straightforward offense once its elements are met, certain exceptions or defenses may apply:

Prior Marriage Declared Null and Void (Ab Initio)
- If the first marriage was void from the start (e.g., one of the parties was below the legal age and did not have proper consent, or a lack of a valid marriage license), it is as though no marriage existed at all.
- Nonetheless, a judicial declaration of nullity is crucial; you cannot simply claim the first marriage was void without a proper court judgment (except in limited circumstances where the law prescribes that the marriage is void without the need for a separate judicial declaration, such as marriages within prohibited degrees of consanguinity).
Judicial Declaration of Presumptive Death
- If a court has declared one spouse presumptively dead under Articles 41 and 42 of the Family Code, the second marriage celebrated thereafter would generally not be considered bigamous.
- However, this defense is valid only if the required judicial proceedings were followed, and an official decree exists before contracting the second marriage.
Good Faith or Lack of Intent (Rare and often not enough on its own)
- Bigamy is considered a crime of malum prohibitum (prohibited by law to protect public policy and good morals), and it does not necessarily require specific criminal intent beyond intentionally contracting the second marriage.
- Courts rarely accept “good faith” if the accused did not secure the necessary decree (e.g., annulment or presumptive death). The law imposes the duty to verify the dissolution of the prior marriage.
Subsequent Declaration of Nullity of the First Marriage
- Even if the first marriage is eventually declared null and void after the second marriage was contracted, that does not necessarily erase the fact that bigamy was committed at the time of contracting the subsequent marriage.
- The crucial date is the point at which the second marriage was entered into.

6. Procedure and Filing of the Bigamy Case

Filing a Complaint or Affidavit
- A private complainant (often the aggrieved spouse) may file a complaint-affidavit with the City or Provincial Prosecutor’s Office.
- Supporting documents (marriage certificates, court decrees, witness affidavits) must be submitted to establish probable cause.
Preliminary Investigation
- The prosecutor conducts a preliminary investigation to ascertain whether there is sufficient ground to continue the criminal case in court.
- If the prosecutor finds probable cause, an Information for Bigamy is filed in court.
Arraignment and Trial
- Once in court, the accused will be formally arraigned and asked to enter a plea (guilty or not guilty).
- Trial proceeds with the presentation of evidence and witnesses from both prosecution and defense.
Judgment
- If found guilty, the accused faces prisión mayor.
- In some cases, fines or civil liabilities (e.g., damages to the aggrieved spouse) may also be imposed.

7. Relevant Jurisprudence

Several Supreme Court decisions have clarified the nature of bigamy:

Tenebro v. Court of Appeals (G.R. No. 150758, February 18, 2004)
- Held that a judicial declaration of nullity of the first marriage obtained after the celebration of the second marriage does not exempt the accused from criminal liability for bigamy.
Mercado v. Tan (G.R. No. 137110, August 1, 2000)
- Clarified that a void marriage under the Family Code still requires a judicial declaration of nullity; one cannot unilaterally treat a marriage as void without a court decree for purposes of remarriage.
People v. Santiago
- Emphasized that to establish bigamy, it must be proven that the second marriage was valid in its formal requirements at the time it was entered into.

Through these rulings, Philippine jurisprudence underscores that bigamy is a crime that protects not only the marital bond but also public policy, good morals, and the sanctity of marriage.

8. Practical Tips and Reminders

Always Verify Marital Status: If you suspect your future spouse or partner is previously married, require a Certificate of No Marriage Record (CENOMAR) or a Certificate of Marriage Record from the PSA.
Secure Court Decrees: Before contracting a subsequent marriage, ensure that you have the certified true copy of the final and executory court decision annulling or declaring null the previous marriage, or a decree declaring the previous spouse presumptively dead.
Consult a Lawyer: If you have reason to believe bigamy has taken place or if you are being accused of bigamy, consult a lawyer. Each case has unique circumstances that may affect the outcome.

9. Conclusion

Bigamy in the Philippines is a serious criminal offense that carries a hefty prison term. The law demands strict proof that the accused had a valid and subsisting first marriage and still proceeded to contract a second one. While defenses exist, they generally revolve around demonstrating the nonexistence (void ab initio) or valid dissolution of the prior marriage before the subsequent marriage took place, backed by judicial declarations when necessary.

If you suspect bigamy or are facing bigamy charges, seek professional legal advice to navigate the complexities of the Family Code, the Revised Penal Code, and relevant jurisprudence. It is crucial to obtain proper documentation and court orders to clarify any doubt about marital status before entering into another marriage.

Disclaimer: This article is for general informational purposes only and does not constitute legal advice. Laws and their interpretations can change; it is always recommended to consult a qualified lawyer for guidance on specific legal issues.