Query: What are the legal implications of a person remarrying without having their previous marriage annulled in the Philippines?

In the Philippines, marriage is a legal and sacramental union that is intended to be indissoluble. The Family Code of the Philippines outlines strict rules regarding marriage, annulment, and remarriage. Remarrying without having a previous marriage annulled has significant legal implications and can result in criminal and civil liabilities.

1. Bigamy

Under Article 349 of the Revised Penal Code of the Philippines, bigamy is a criminal offense. Bigamy occurs when a person contracts a second or subsequent marriage without legally terminating or annulling the first marriage. The penalty for bigamy is imprisonment for a period ranging from six years and one day to twelve years.

For bigamy to be established, the following elements must be present:

The offender has been legally married.
The first marriage has not been legally dissolved or annulled.
The offender contracts a subsequent marriage.
The second marriage has all the requisites for validity except for the existence of the first marriage.

A spouse found guilty of bigamy can be prosecuted and sentenced to imprisonment. Additionally, this can lead to other legal consequences, such as the invalidation of the second marriage.

2. Civil Consequences

Beyond criminal penalties, the civil status of both marriages can be affected. The second marriage is considered void ab initio (invalid from the beginning) because it was contracted while the first marriage was still valid. Consequently, any legal benefits or rights that would typically arise from the second marriage, such as inheritance rights or spousal support, are not recognized under the law.

3. Annulment vs. Declaration of Nullity

It is crucial to distinguish between annulment and the declaration of nullity of marriage:

Annulment refers to a legal procedure declaring that a marriage is voidable due to specific legal reasons (e.g., lack of parental consent, psychological incapacity). A voidable marriage is considered valid until annulled.
Declaration of Nullity applies to marriages that are void from the beginning (e.g., bigamous marriages, underage marriages without proper consent). A void marriage is considered never to have legally existed.

If a spouse remarries without obtaining an annulment or a declaration of nullity, the legal system treats the first marriage as still valid, rendering the second marriage void.

4. Remedies and Legal Actions

For those who find themselves in a situation where their spouse has remarried without an annulment:

Filing a Complaint for Bigamy: The aggrieved spouse can file a criminal complaint for bigamy.
Petition for Declaration of Nullity: The aggrieved spouse can file a petition to have the second marriage declared void.

5. Legal Advice and Steps

Individuals facing such issues should seek legal advice from a family law attorney to navigate the complexities of annulment and bigamy laws. Legal counsel can assist in filing the appropriate petitions and complaints to protect one's legal rights and ensure compliance with Philippine laws.

In conclusion, remarrying without annulling a previous marriage in the Philippines is a serious legal matter with significant consequences. It is essential to follow the legal processes to dissolve or annul a prior marriage before entering into a new one to avoid criminal prosecution and civil complications.