Simplified Query: Is it legal for a person to remarry if their previous marriage has not been annulled?

Under Philippine law, marriage is a legally binding contract that can only be dissolved through specific legal processes. One of the key issues that arise in this context is the legality of remarrying when a previous marriage has not been annulled. This issue touches upon the concept of bigamy and its legal consequences.

Bigamy Defined

Bigamy is defined under Article 349 of the Revised Penal Code of the Philippines, which states that "the penalty of prision 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."

Legal Requirements for Remarriage

For an individual to legally remarry, their previous marriage must be terminated by one of the following means:

Annulment: A legal declaration that a marriage is null and void.
Declaration of Nullity: A court decision that a marriage is void from the beginning.
Legal Separation: This does not allow for remarriage but permits the couple to live separately.
Presumptive Death: If a spouse has been absent for a certain period, they can be declared presumptively dead by the court.

Without one of these legal determinations, any subsequent marriage is considered bigamous and, therefore, illegal.

Legal Consequences of Bigamy

Engaging in bigamy has severe legal repercussions in the Philippines:

Criminal Charges: The person can be charged with bigamy, which is punishable by imprisonment.
Void Marriage: The second marriage is automatically considered void ab initio (from the beginning), meaning it has no legal effect.
Civil Liability: The offending party may also be liable for damages to the other spouse.

Exceptions and Special Circumstances

There are specific instances where what might appear to be bigamy might not result in legal consequences:

Good Faith Belief of Death: If the spouse genuinely believes that the other spouse is dead and this belief is based on reasonable grounds, they may avoid criminal liability.
Subsequent Annulment or Declaration of Nullity: If the previous marriage is annulled or declared void after the subsequent marriage, the bigamous charge may be reevaluated, though this is a complex legal matter often requiring judicial intervention.

Conclusion

Remarrying without the annulment of a previous marriage is considered bigamy under Philippine law, with significant legal consequences. It is crucial for individuals to ensure that their previous marriage has been legally dissolved before entering into a new one to avoid criminal charges and ensure the validity of their new marriage.