How to Check Bigamy Cases in the Philippines
Disclaimer: The information provided below is for general educational purposes and does not constitute legal advice. Laws and regulations may change over time. For specific concerns or legal questions regarding bigamy cases in the Philippines, it is best to consult a licensed Philippine attorney.

1. Introduction

In the Philippines, marriage is highly regulated by law due to the country’s strong public policy on family and marital relations. Consequently, entering into multiple marriages without first securing the annulment or legal termination of a prior one can lead to a criminal charge of bigamy. This article will discuss the legal framework governing bigamy in the Philippines, explain the elements of the offense, outline the steps in verifying potential bigamous marriages, and describe the penalties and defenses involved.

2. Legal Basis for Bigamy

2.1 Revised Penal Code

The Philippine law penalizing bigamy is found under Article 349 of the Revised Penal Code (RPC). Under this provision, bigamy is committed by any person who contracts a second or subsequent marriage before the former marriage has been legally dissolved or before the absent spouse has been judicially declared presumptively dead.

2.2 Family Code of the Philippines

In addition to the RPC, relevant provisions of the Family Code of the Philippines (Executive Order No. 209, as amended) govern the rules on marriage, annulment, and legal separation. While the Family Code does not directly define the crime of bigamy, its provisions on the validity of marriage, grounds for nullity, and judicial declaration of presumptive death all play a role in determining whether a second marriage is valid or not.

3. Definition and Essential Elements of Bigamy

For a successful prosecution of bigamy in the Philippines, the following elements typically need to be established:

Existence of a valid first marriage
- The accused must have been legally married (i.e., the first marriage was valid under Philippine law).
Subsistence of the first marriage
- The first marriage must not have been dissolved at the time of contracting the second or subsequent marriage (e.g., no final judgment of annulment, no final judgment of nullity, or no judicial declaration of presumptive death).
Contracting of a second (or subsequent) marriage
- The accused must have undertaken a subsequent marriage ceremony, using the proper legal process (though ultimately invalid if bigamous).
Knowledge that the previous marriage is still in force
- It must be shown that the accused knowingly contracted the new marriage despite the existence of the valid first marriage.

4. How to Check or Verify if a Marriage is Bigamous

4.1 Gather Information and Official Documents

Obtain the individual’s certificates of marriage
- Philippine Statistics Authority (PSA) Certified Documents: If the marriage took place in the Philippines, an official copy of the Marriage Certificate can be requested from the PSA.
- Local Civil Registrar’s Office: You can also verify records of marriage at the local civil registrar of the place where the marriage was registered.
- Foreign Marriage Documents: If a spouse is suspected of contracting marriage abroad, request the foreign marriage certificate from the relevant foreign registry or the Philippine embassy/consulate where the marriage might have been reported.
Check marital status in official records
- If a person is claiming that the first marriage was annulled, declared null and void, or otherwise dissolved, ask for a Certificate of Finality from the court that granted the nullity, annulment, or dissolution.
- If someone alleges that a spouse was declared presumptively dead, ask for the Court Order or Decision (and the Certificate of Finality) declaring the spouse legally dead.

4.2 Look for Red Flags in Documentation

Dates of Marriage and Annulment: See if the date of the second marriage occurred before the issuance of a final decision dissolving the first marriage or declaring the spouse presumptively dead.
No Judicial Declaration: Even if a spouse has been physically absent for many years, the absence of a judicial declaration of presumptive death means the first marriage is still valid.

4.3 Verify Through Government Agencies

National Bureau of Investigation (NBI): Though primarily focused on criminal records, an NBI clearance may help in verifying if there are existing warrants or criminal complaints, including bigamy-related cases, against a person.
Office of the Civil Registrar General (PSA): Verify if the person in question has multiple records of marriage on file.

5. Filing a Bigamy Case

5.1 Who May File

Under Philippine law, the party with direct interest—often the first or second spouse—can file the bigamy complaint, although anyone with knowledge of the crime may provide information to authorities. The complaint may be lodged at the City or Provincial Prosecutor’s Office where the second marriage took place or where the accused resides.

5.2 Steps in the Legal Process

Filing a Complaint-Affidavit
- The complainant (often the aggrieved spouse) executes a sworn affidavit outlining the circumstances of the alleged bigamy, attaching supporting documents (marriage certificates, annulment documents, etc.).
Preliminary Investigation
- The prosecutor evaluates the complaint, ensures there is probable cause, and decides whether to file an information (formal charge) in court.
Issuance of a Warrant of Arrest
- If an information is filed, the court may issue a warrant of arrest for the accused.
Arraignment and Trial
- The accused is arraigned and enters a plea. Trial proceeds with the prosecution and defense presenting evidence.
Judgment
- The court renders a decision based on whether the elements of bigamy have been proven beyond reasonable doubt.

6. Penalties for Bigamy

Under Article 349 of the Revised Penal Code, bigamy in the Philippines is punishable by prisión mayor, typically ranging from six (6) years and one (1) day to twelve (12) years. The duration within that range depends on the specific circumstances and any aggravating or mitigating factors.

7. Possible Defenses in Bigamy Cases

Invalidity of the First Marriage
- If the accused can show that the first marriage was void from the start (e.g., lack of a valid marriage license, a defect in the solemnizing officer’s authority, or other grounds for nullity), the charge of bigamy may fail.
Judicial Declaration of Nullity or Annulment Before the Second Marriage
- If the accused can prove that the first marriage was legally terminated or declared void with finality before contracting the second marriage, bigamy charges generally do not stand.
Declaration of Presumptive Death
- If the accused obtained a final and executory court order declaring the first spouse presumptively dead before contracting the second marriage, the bigamy complaint might fail.
Honest Mistake of Fact
- The accused can claim they had a genuine belief that the first marriage was invalid, or that it had been legally dissolved. However, Philippine courts typically require more than mere assertion; there must be a valid reason or basis for this belief (e.g., erroneous official records or strong documentation).

8. Practical Tips and Reminders

Secure Certified True Copies: Always get certified true copies of marriage certificates, court orders, or other relevant documents to ensure authenticity.
Double-Check All Dates: The timeline of events—first marriage date, second marriage date, dates of annulment or nullity—often determines whether bigamy is committed.
Consult a Lawyer: Bigamy is a serious crime, and the procedures for verifying documents, filing cases, and mounting defenses require professional legal guidance.
Be Aware of Procedural Requirements: Missing documents or filing in the wrong jurisdiction can delay or derail the case. Ensure that all documents submitted are complete and consistent with procedural rules.

9. Conclusion

Bigamy in the Philippines is a grave offense that underscores the Philippine legal system’s emphasis on the sanctity and exclusivity of marriage. To establish bigamy, one must prove the subsistence of a valid first marriage at the time a second marriage was contracted. Individuals wishing to verify whether a marriage is bigamous can start by examining official documents, comparing timelines, and investigating any judicial orders affecting marital status. If there is sufficient ground to believe bigamy has been committed, a criminal case may be filed with the relevant prosecutorial office.

Because of the complexities involved—particularly in verifying valid court decrees, gathering documentary proof, and navigating Philippine legal procedures—it is strongly recommended to seek professional legal advice to understand your rights and obligations fully.