Below is a comprehensive discussion of the subject “Nullity of Marriage for a Second Spouse” under Philippine law. Please note that this article is for general informational purposes only and does not constitute legal advice. For personalized guidance, it is best to consult a Philippine attorney knowledgeable in family law.

1. Overview of Marriage Under Philippine Law

Under Philippine law, marriage is a special contract of permanent union between a man and a woman entered into in accordance with law. It is the foundation of the family and an inviolable social institution whose nature, consequences, and incidents are governed by law and not subject to stipulation (Article 1, Family Code of the Philippines).

1.1. Monogamy as the Governing Principle

A cardinal principle in Philippine family law is monogamy—an individual may only be married to one person at a time. Consequently, contracting a second marriage while still legally married to another (i.e., without the first marriage being legally dissolved or terminated) can give rise to legal consequences, including:

A criminal liability for bigamy (under the Revised Penal Code);
A civil declaration that the second marriage is void ab initio (void from the beginning).

2. What is Nullity (Void Marriage)?

A void marriage is one that is deemed invalid from its inception. In other words, it is as though it never existed. The Family Code of the Philippines enumerates specific grounds under which a marriage is considered void:

Contracted by any party below 18 years of age (even with the consent of parents or guardians).
Solemnized by someone who is not legally authorized to solemnize marriages (unless either or both parties believed in good faith that the solemnizing officer had the authority).
Solemnized without a license, except those expressly exempted by law.
Bigamous or polygamous marriages not falling under Article 41 of the Family Code (i.e., those not covered by presumptive death rules).
Contracted through mistake of identity of one of the parties.
Subsequent marriages that violate Article 53 of the Family Code (failure to comply with liquidation and distribution of properties following an annulment/legal separation).

A second marriage entered into by a person who has not validly terminated or dissolved the first marriage is almost always void ab initio under these provisions. This is the core concept for the “nullity of marriage for the second spouse.”

3. Second Marriages and Why They Are Typically Void

3.1. Bigamous or Polygamous Marriages (Article 35[4])

Article 35(4) of the Family Code states that “Bigamous or polygamous marriages not falling under Article 41 are void from the beginning.” Therefore, if a person who is still validly married to another spouse enters into another marriage contract, that marriage is void ab initio.

Example: Person A is married to Person B. Without obtaining a judicial declaration of nullity or annulment of the marriage to B—and while B is alive—A marries C. This second marriage is void by operation of law.

3.2. Exception: Presumptive Death (Article 41)

An important caveat exists under Article 41 of the Family Code, dealing with presumptive death:

If a spouse has been absent for four (4) consecutive years, or two (2) consecutive years if the absent spouse is in danger of death (e.g., aircraft crash, shipwreck, war, etc.), the present spouse may contract a subsequent marriage if:
- The spouse obtains a well-founded belief that the absentee is already dead; and
- A court declaration of presumptive death is obtained.
If these legal requirements are complied with, the subsequent marriage is considered valid until declared otherwise by a court.

Therefore, if the second marriage was entered into only after fulfilling the requirements of Article 41, that marriage is not automatically void for bigamy. Failing these requirements, however, the second marriage is void.

4. Legal Process of Declaring a Second Marriage Void

4.1. Who May File the Petition?

Under the Family Code, a petition to have a marriage declared void can be filed by the spouse concerned or by any interested party with a direct legal interest in the nullity of the marriage. In practice, however, it is most common for the spouse in the second marriage to initiate the petition to clarify marital status and future property rights.

4.2. Requirement of Judicial Declaration of Nullity

Article 40 of the Family Code states that for purposes of remarriage, a judicial declaration of nullity of a previous marriage is indispensable, even if the marriage is void from its inception. This means:

Even if the first marriage is inherently void, the spouse must still obtain a court decision declaring it void to validly enter a new marriage.
Likewise, for the second marriage, if one believes it is void because the first was never legally terminated or declared void, a judicial declaration of nullity may be sought.

Though the second marriage may be void ab initio, as a practical and legal matter, a court judgment is still required so that public records and the civil registry reflect this status.

4.3. Effect of a Judicial Declaration of Nullity

Once a decree of nullity is issued by a competent court:

The parties return to single status (as if they were never married).
Property relations that existed under the putative marriage are usually settled in the same proceeding.
Any children born under a void marriage can still be considered legitimate if the marriage was contracted in good faith by at least one party (this principle stems from jurisprudence, ensuring that children’s status is protected).

5. Legal Consequences for the Second Spouse

5.1. Criminal Liability (Bigamy)

Entering into a second marriage during the subsistence of a valid first marriage can expose the contracting spouse to a charge of bigamy under the Revised Penal Code (Article 349). Bigamy is committed by “any person who shall contract a second or subsequent marriage before the former marriage has been legally dissolved.” Penalties include:

Prision mayor, which typically ranges from 6 years and 1 day to 12 years (the specific duration depends on aggravating or mitigating circumstances).

Importantly, even if the second spouse did not know about the first marriage, the spouse who had knowledge of the existing, undissolved marriage may still be prosecuted for bigamy.

5.2. Property Consequences

A void marriage has implications on property acquired during that marriage:

If the second marriage is declared void, then no valid property regime (e.g., absolute community of property or conjugal partnership) arises between the parties.
The property acquired in good faith by one or both parties during the void marriage can be subject to co-ownership rules.
A court may determine shares of the parties based on proof of their contributions, aligning with general civil law on co-ownership.

5.3. Children of a Void Second Marriage

Children born of a void marriage can still be legitimate if the marriage was entered into in good faith by at least one of the parents (this is based on jurisprudential interpretations of the Family Code, and is sometimes referred to as the “doctrine of putative marriage”). If neither parent acted in good faith, then the children would generally be classified as illegitimate. However, good faith by one parent (most commonly the second spouse who was unaware of the existing marriage) will protect the children’s status.

6. Grounds and Procedures for the Second Spouse to Seek Nullity

6.1. Filing a Petition for Declaration of Nullity

If the second spouse discovers that the first marriage has not been legally dissolved, the second spouse can file a petition for Declaration of Nullity of Marriage under Rule 2 of A.M. No. 02-11-10-SC (the Rules on Declaration of Absolute Nullity of Void Marriages). The key points to prove in court would be:

Existence of the first marriage (with supporting certificate of marriage and other documentary evidence);
Valid subsistence of the first marriage at the time of the second marriage (no valid annulment, nullification, or death certificate).

If proven, the court will decree that the second marriage is void from the start.

6.2. Good Faith Defense and Reliefs

If the second spouse entered into the second marriage in good faith, believing that the other spouse was single (perhaps the other spouse concealed the fact of a prior marriage), the second spouse may be spared from criminal liability for bigamy.
However, the second spouse may still need to seek a formal decree of nullity to clear record and determine property rights and the status of children.

7. Important Philippine Supreme Court Cases

Wiegel vs. Sempio-Diy – Emphasizes that a judicial declaration of nullity of the prior marriage is necessary.
Niñal vs. Bayadog (G.R. No. 133778, March 14, 2000) – Clarifies the doctrine that children born of a void marriage are legitimate if at least one of the spouses was in good faith.
Moreno vs. Bernabe – Highlights that the remedy to correct one’s civil status is to file an action in court for Declaration of Nullity, underscoring the necessity of a judicial proceeding.

These cases reaffirm that no matter how clear it is that a marriage was void, you cannot assume its non-existence without a court-issued decree.

8. Practical Reminders and Tips

Always Secure a Judicial Declaration – Even if you believe a prior marriage is void, obtain a final court judgment before entering into a second marriage.
Check Official Records – Obtain certified true copies of marriage contracts and other pertinent documents from the Philippine Statistics Authority or the Local Civil Registrar.
Consult a Lawyer Early – Because the consequences of bigamy are severe, and the property/child status implications are complicated, professional legal advice is essential.
Good Faith Matters – For criminal liability and the legitimacy status of children, your knowledge (or lack thereof) and good faith play a major role.
Court Proceedings are Mandatory – Voluntary agreements or private settlements do not carry legal effect in voiding a marriage; only the court can declare nullity and issue orders binding on third parties (e.g., civil registrars).

9. Conclusion

In the Philippines, any second marriage entered into while a valid first marriage still subsists is, by default, void ab initio due to bigamy—unless narrowly exempted under the rules on presumptive death (Article 41) or the first marriage was previously and validly declared null by the court. This area of law touches on both family and criminal law, making it vital for individuals in such situations to understand the legal processes involved, potential liabilities, and the status of properties and children.

Disclaimer: This guide provides general information only and does not replace independent legal counsel. Any person facing questions or disputes on nullity of marriage, bigamy, or related issues in the Philippines should consult a qualified lawyer for advice specific to their situation.