Query: Is a second marriage valid while the first marriage still exists?
In the Philippines, the legality of a second marriage when the first marriage is still valid is a clear-cut issue under the Family Code of the Philippines. Philippine law is unequivocal in stating that a second marriage, undertaken while the first marriage is still in effect, is void from the beginning. This legal stance is based on the principle that Philippine law does not recognize polygamous marriages and adheres strictly to monogamous marital relationships.
Article 35(4) of the Family Code explicitly states that a marriage contracted by any person during the subsistence of a previous marriage is illegal and void from its inception, unless the prior marriage was annulled or dissolved. The only exception to this rule is if the spouse from the first marriage had been absent for four consecutive years and the spouse present had a well-founded belief that the absent spouse was already dead. In such cases, judicial declaration of presumptive death is necessary.
The repercussions of contracting a second marriage under the belief that the first is dissolved, without proper legal confirmation (such as a court annulment or declaration of nullity), are severe. Such an act constitutes bigamy, a criminal offense under Philippine law, specifically under Article 349 of the Revised Penal Code. A person found guilty of bigamy can face imprisonment and other legal penalties.
In practice, it is crucial for individuals to ensure that their previous marriage is legally terminated through appropriate judicial proceedings before entering into another marriage. This process typically involves obtaining an annulment, a declaration of nullity, or a recognition of foreign divorce, depending on the circumstances. The failure to do so not only invalidates the subsequent marriage but also exposes the individuals involved to potential criminal charges.
This legal framework emphasizes the importance of the sanctity of marriage and the need to uphold marital laws that protect the rights and legal standing of individuals. It is also a reflection of the country's commitment to upholding the values of marital fidelity and the foundational principles of family law.
For anyone considering remarriage in the Philippines, it is advisable to consult with a legal expert to ensure that all prior marital commitments are legally concluded to avoid the significant legal complications that come with a void second marriage.