Below is a comprehensive overview of the laws and legal principles that govern bigamy in the Philippines. This article draws from the Revised Penal Code of the Philippines, relevant provisions of the Family Code, and established jurisprudence to clarify the nature, elements, penalties, and other essential considerations concerning bigamy.

1. Definition and Legal Basis

1.1 Definition of Bigamy

Bigamy, in general terms, refers to the act of contracting a second or subsequent marriage before a validly existing prior marriage has been legally terminated, dissolved, or declared void. In the Philippines, a person is considered to have committed bigamy if, during the subsistence of a valid first marriage, they contract another marriage without meeting the legal requirements to do so.

1.2 Governing Law: Article 349 of the Revised Penal Code (RPC)

Article 349 of the Revised Penal Code of the Philippines explicitly punishes bigamy. It states:

"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."

Under this provision, the key elements of the offense are:

An existing valid marriage.
Contracting a second or subsequent marriage.
The absence of a legal declaration of nullity or annulment of the first marriage.
The absence of a judicial declaration of presumptive death of the first spouse (when such ground is alleged).

2. Elements of Bigamy

To understand bigamy fully, consider each of the following elements in detail:

Previous valid marriage
The existence of the first marriage must be proven. This usually involves presenting the marriage certificate or any other competent evidence showing the prior marriage’s validity.
Second or subsequent marriage
The accused must have contracted another marriage during the subsistence of the first. This likewise requires evidence of the subsequent marriage (e.g., a marriage certificate from the second marriage).
No judicial declaration dissolving the first marriage
Bigamy occurs only when the first marriage remains legally effective. A final judgment declaring the nullity or annulment of the first marriage, or a final decree of legal separation that converts to termination of the marriage (not just a separation in fact), precludes liability for bigamy.
- Annulment or Declaration of Nullity: A formal court decree stating that the marriage is void from the beginning or subsequently annulled.
- Judicial Declaration of Presumptive Death: If a spouse has been missing for four consecutive years (or two years in certain dangerous circumstances), the other spouse may file a petition under Article 41 of the Family Code to declare the absentee presumptively dead. Without such judicial declaration, contracting a second marriage can lead to bigamy charges.
Criminal intent / Awareness of existing marriage
Generally, bigamy is considered a felony by deceit (dolo). The prosecution need not prove a specific malicious intent to defraud, only that the offender was aware or should have been aware of the subsisting marriage.

3. Penalties

3.1 Prisión Mayor

Under Article 349 of the Revised Penal Code, bigamy is punishable by prisión mayor, which has a duration of six (6) years and one (1) day to twelve (12) years. Depending on the court’s discretion and any mitigating or aggravating circumstances, the exact length of the penalty can vary within that range.

3.2 Civil Liabilities

Apart from criminal liability, bigamy can also expose the offending spouse to civil liabilities for damages (e.g., moral and exemplary damages), particularly if the innocent spouse suffers emotional or financial harm from the bigamous act.

4. Key Legal Nuances and Defenses

4.1 Nullity of the Second Marriage

Once a criminal prosecution for bigamy is initiated, some accused argue that the second marriage is void from the start, thereby claiming no crime was committed. However, Philippine jurisprudence clarifies that the crime of bigamy is consummated by the mere act of contracting a second marriage while the first one subsists, regardless of whether the second marriage is void. The illegality of the second marriage does not negate criminal liability.

4.2 Good Faith and Honest Mistake of Fact

Good Faith Defense: If the accused genuinely believed the first marriage was already invalid or dissolved (e.g., reliance on a void judgment of annulment), it may be presented as a defense, but this is seldomly successful unless tied to a credible factual basis.
Mistake of Fact: If there is a legitimate error or misunderstanding (e.g., the accused reasonably believed the first spouse was already presumed dead after a valid judicial process), it could serve as a defense. However, absent a final court judgment of presumptive death, this defense generally fails.

4.3 Effect of Subsequent Declaration of Nullity of the First Marriage

If, after contracting a second marriage, the first marriage is subsequently declared null or void, it does not absolve the accused of bigamy. The relevant point in time is the status of the first marriage at the moment the second marriage was contracted. If the first marriage was still valid at that time, bigamy is committed.

4.4 Judicial Declaration of Presumptive Death Under the Family Code

Article 41 of the Family Code requires a formal petition to declare an absent spouse presumptively dead if the present spouse intends to remarry. Failure to secure such judicial declaration means the first marriage remains valid for all legal intents and purposes. Without the court’s declaration of presumptive death, any second marriage is generally considered bigamous.

5. Procedure and Prosecution

5.1 Who May File the Complaint

Typically, the offended spouse initiates the criminal complaint for bigamy. However, the State may also prosecute the offender because bigamy is considered an offense against public interest (i.e., it undermines the sanctity and stability of marriage and the family).

5.2 Venue of the Case

The criminal complaint for bigamy is typically filed in the Regional Trial Court (RTC) of the place where the second marriage was contracted or where the marriage certificate was registered.

5.3 Evidentiary Requirements

To convict someone of bigamy, the prosecution must prove:

The existence of the first marriage.
The subsistence of that first marriage at the time of contracting the second marriage.
The subsequent marriage ceremony or registration (even if abroad, as long as it is recognized or can be proven in the Philippines).
No valid court decree terminating the first marriage or declaring the absent spouse presumptively dead before the second marriage.

6. Effects on Property Relations and Other Civil Aspects

6.1 Property Regime

If the first marriage subsists, any property acquired in the context of the bigamous second marriage can face complications regarding ownership and succession. The law generally deems the second marriage void for purposes of establishing property relations, meaning the property regime of the first marriage may remain controlling.

6.2 Succession and Inheritance

Children born of a bigamous marriage are not illegitimate per se if the second marriage was contracted in good faith by at least one of the parties, subject to certain rules in the Family Code. However, questions of legitime and inheritance rights often arise, particularly when the second marriage is declared void.

6.3 Annulment or Declaration of Nullity of the Second Marriage

If the second marriage is declared void in civil proceedings, the parties need to settle property rights, custody, and other auxiliary matters. But again, such a declaration does not necessarily extinguish criminal liability for bigamy incurred at the time the second marriage was contracted.

7. Bigamy Compared to Other Marriage-Related Offenses

7.1 Adultery and Concubinage

Adultery (Article 333 of the RPC) and concubinage (Article 334 of the RPC) refer to sexual infidelity, not the act of contracting another marriage.
Bigamy requires proof of a second marriage while the first is subsisting, whereas adultery or concubinage can be committed even without any remarriage.

7.2 Illegal Marriage (Article 350, RPC)

Illegal marriage penalizes contracting marriage knowing certain legal impediments exist (e.g., contracting marriage without fulfilling legal formalities).
Bigamy specifically focuses on having a prior valid marriage still in force, which is a separate and more serious offense.

8. Common Scenarios and Legal Commentary

Second Marriage Contracted Abroad
Even if the second marriage takes place outside the Philippines, a Filipino citizen can still be prosecuted for bigamy upon return or if the court in the Philippines acquires jurisdiction. The critical question remains whether the first marriage was terminated under Philippine law before the second was contracted.
Separated in Fact, No Court Action
A mere de facto separation (living apart without a court decree) does not terminate the first marriage. Contracting another marriage under such circumstances constitutes bigamy.
Spouse Missing or Presumed Dead Without Court Order
A spouse’s absence, even for many years, is insufficient to justify a second marriage unless a court has rendered a valid judgment of presumptive death.
Void Ab Initio First Marriage vs. Bigamy
If the first marriage is truly void from the beginning (for instance, due to lack of a marriage license or an unqualified officiant), the accused may offer this fact as a defense—provided that voidness of the first marriage has been declared by a competent court or is demonstrable under clear evidence of absolute nullity. However, Philippine jurisprudence strongly favors a requirement for judicial declaration of nullity before remarrying to avoid bigamy charges.

9. Conclusion

Bigamy in the Philippines is a serious offense reflecting the strong legal protection of marriage as a social institution. Article 349 of the Revised Penal Code underscores that a person who contracts a second marriage while a prior one still subsists, without the required judicial declaration of nullity or presumption of death, commits bigamy. The penalties involve imprisonment ranging from six (6) to twelve (12) years, along with the possibility of civil damages to the aggrieved party.

Key Takeaways:

Always secure a final court decree (annulment, nullity, or judicial declaration of presumptive death) before contracting a new marriage.
Good faith defenses are difficult to uphold without credible factual and legal bases.
Subsequent declaration of nullity or dissolution of the first marriage does not negate the criminal act of bigamy if the second marriage was contracted before that declaration.
Bigamy charges can have significant legal and financial repercussions, affecting not just personal relationships but also property regimes, inheritance, and potential civil liabilities.

Individuals facing questions or legal issues related to bigamy should consult a qualified Philippine attorney to navigate the complexities of family law, criminal law, and the courts’ procedural requirements.