Marriage Nullification for Bigamy and Non-Support

Disclaimer: The information provided here is for general educational purposes only and does not constitute legal advice. If you need guidance about your specific situation, you should consult a licensed attorney in the Philippines.

1. Introduction

Under Philippine law, the concept of “marriage nullification” typically falls under two broad categories:

  1. Declaration of Nullity of Marriage (for marriages that are void ab initio or void from the beginning).
  2. Annulment of Marriage (for marriages that are valid until annulled by the courts on specific grounds stated by law).

Bigamy (entering into a second or subsequent marriage while a first valid marriage subsists) can be a ground for declaring a marriage void. “Non-support,” however, is not an explicit legal ground to nullify a marriage under the Family Code. This article will explore:

  • The relevant legal provisions on bigamy as a ground for nullity of marriage.
  • What the law says about non-support and whether it can affect the validity of a marriage.
  • Possible remedies if one of the spouses is not fulfilling support obligations.

2. Legal Basis for Declaring a Marriage Void

2.1 Family Code of the Philippines

The Family Code of the Philippines (Executive Order No. 209, as amended) governs marriage, including its validity or invalidity. Key articles relevant to void marriages include:

  • Article 35 – Lists circumstances under which marriages are void.
  • Article 40 – Requires a final judgment declaring a previous marriage void before a subsequent marriage can be validly contracted.
  • Article 41 – Addresses situations where a spouse has been absent or presumed dead, but reappears.

2.2 Grounds for Nullity vs. Grounds for Annulment

  • Nullity (Void ab initio): The marriage is considered as though it never happened in a legal sense. Common grounds include:

    • One or both parties were below legal age and lacked parental consent (under certain circumstances).
    • Absence of a valid marriage license (except in marriages exempted by law).
    • Bigamous or polygamous marriages (unless falling under special exceptions, such as when a spouse is presumed dead under Article 41).
    • Incestuous marriages.
    • Marriages void by reason of public policy.
    • Psychological incapacity under Article 36 (though this requires a court proceeding to prove).

  • Annulment (Voidable marriages): The marriage is valid until a court annuls it based on grounds such as lack of parental consent (when one party is 18 to 21 years old), fraud, force or intimidation, impotence, or sexually transmissible disease unknown to the other spouse at the time of marriage.

3. Bigamy and Marriage Nullification

3.1 Definition of Bigamy

Bigamy exists when a person contracts a second or subsequent marriage without legally ending or securing the annulment/declaration of nullity of the first, still-valid marriage. In the Philippines:

  1. Criminal Aspect (Under the Revised Penal Code)

    • Bigamy is a criminal offense (Article 349 of the Revised Penal Code). A person who contracts a second marriage while a valid first marriage still subsists can be charged with bigamy.
    • The penalty for bigamy may range from prisión mayor to prisión correccional in its medium period, depending on the circumstances and modifications.

  2. Civil Aspect (Under the Family Code)

    • A second marriage contracted during the subsistence of a valid previous marriage is void from the beginning.
    • To remove doubt and for the spouse to remarry validly or settle related issues (e.g., property rights, legitimacy of children), the injured party may file a Petition for Declaration of Nullity based on bigamy.

3.2 Procedure for Declaration of Nullity Due to Bigamy

  1. Consult a Lawyer: Bigamy cases—both criminal and civil—can be complex. An attorney will evaluate evidence proving the subsistence of the first marriage and the validity of the subsequent marriage.

  2. Gather Documentary Evidence:

    • Original or certified true copy of the Marriage Certificate of the first marriage.
    • Original or certified true copy of the Marriage Certificate of the second (allegedly bigamous) marriage.
    • Any other relevant documents (proof that the first marriage was not declared void or annulled before contracting the second one).

  3. File a Petition in the Regional Trial Court (RTC):

    • The petitioner files a “Petition for Declaration of Nullity of Marriage” or “Petition to Declare the Second Marriage Void” in the Family Court having jurisdiction over the place where either spouse resides.
    • The court will evaluate evidence showing that a valid previous marriage existed at the time of the second marriage.

  4. Court Hearing and Decision:

    • If the court is satisfied that bigamy exists, it will issue a decision declaring the second marriage void ab initio.
    • A final judgment of nullity is required for the marital status to be officially recognized as never having existed with the second spouse.

  5. Effect of the Nullity Decree:

    • Property relations arising from the void marriage may also be settled during the proceedings, especially for property acquired during the second marriage.
    • The legitimacy status of children born to the second marriage is also addressed by law (generally, children conceived or born of a void marriage are still considered legitimate if conceived in good faith, but specific rules and jurisprudence may apply).

4. Non-Support: Legal Implications and Remedies

4.1 Non-Support as a Ground for Nullity or Annulment?

Under the Family Code, non-support is not a listed ground for:

  • Declaration of Nullity, or
  • Annulment of Marriage.

A spouse’s failure or refusal to provide support does not, by itself, render the marriage void or voidable. Thus, there is no direct “marriage nullification” on the basis of non-support alone.

4.2 Legal Remedies for Non-Support

Even though non-support does not nullify a marriage, spouses and children have legal remedies to compel the provision of support:

  1. Civil Action for Support

    • A spouse or child who is not receiving adequate support may file a civil case (a “Petition for Support”) in court.
    • The court can issue an order directing the defaulting spouse to provide regular financial support.

  2. Criminal Action Under Specific Laws

    • In certain instances, non-support (or economic abuse) can be addressed under Republic Act No. 9262 (Anti-Violence Against Women and Their Children Act) if it amounts to economic abuse or psychological abuse.
    • The aggrieved spouse/child can seek protection orders and other relief from the court.

  3. Legal Separation

    • While non-support alone is not one of the explicit grounds for legal separation, the broader concepts of “abandonment” or “desertion” (which typically include withdrawal of financial support) may be invoked if accompanied by the spouse’s decision to leave the conjugal home for more than one year without justifiable cause (Article 55 of the Family Code).
    • Legal separation, however, does not sever the marital bond; it merely separates property relations and living arrangements. The spouses remain married to each other, but certain consequences (like disqualification from inheriting from each other) apply if legal separation is granted.

  4. Mediation and Settlement

    • Family courts often encourage mediation to resolve support issues. Spouses may arrive at a compromise or settlement on financial support.

5. Important Points to Consider

  1. Bigamy

    • Second (and subsequent) marriages contracted while a previous valid marriage subsists are void ab initio.
    • The aggrieved spouse may file criminal charges for bigamy and/or seek a judicial declaration that the second marriage is void.

  2. Non-Support

    • Not a ground for declaring a marriage void or voidable.
    • Spouses or children seeking financial relief must use other remedies such as a petition for support, legal separation (if tied to abandonment), or a complaint under RA 9262 (in cases of economic abuse).

  3. Court Declaration is Essential

    • Even if a marriage is evidently bigamous, a court declaration is still necessary to conclusively establish its void nature.
    • You cannot simply deem a marriage void on your own; a court order is required to reflect the marriage’s nullity in official records.

  4. Effect on Children

    • Children conceived or born under a void marriage may have specific protections under the Family Code (e.g., legitime, inheritance rights under certain conditions). Always consult a lawyer on how these rules may apply.

  5. Criminal vs. Civil Proceedings

    • Bigamy can be pursued both criminally (under the Revised Penal Code) and civilly (Petition for Declaration of Nullity). However, each proceeding has different requirements, burdens of proof, and outcomes.

6. Conclusion

Marriage Nullification for Bigamy is well-established under Philippine law: a bigamous marriage is considered void from the start and can be declared so by the courts. On the other hand, non-support does not render a marriage void or voidable. Instead, spouses and children suffering from a lack of support may resort to civil or, in some cases, criminal remedies to compel support. They may also consider whether the facts fit a legal separation ground or constitute economic abuse under RA 9262.

To navigate these issues—especially given the complexities of Philippine family law, property rights, and criminal procedures—it is crucial to seek legal advice from a qualified attorney who can analyze the specific facts of each case and recommend the best course of action.

Disclaimer: This content is not legal advice and may involve AI assistance. Information may be inaccurate.

Privacy Policy

Terms of Use

Lawyer Login

 
 
Privacy Policy         Terms of Use         Lawyer Login