Below is an extensive discussion of the legal principles, practical considerations, and potential consequences related to the act of a Filipino remarrying abroad while still legally married under Philippine law. This discussion is for general informational purposes only and does not constitute legal advice. For tailored guidance, consult a licensed attorney in the relevant jurisdiction.

1. Legal Framework in the Philippines

1.1. The Family Code of the Philippines (Executive Order No. 209)

The Family Code of the Philippines, which took effect on August 3, 1988, governs marriages involving Filipinos. Key provisions relevant to the issue of remarrying abroad include:

Article 1: Defines marriage as “a special contract of permanent union” between a man and a woman.
Article 2 and 3: Enumerate the essential and formal requisites for a valid marriage.
Article 26 (Paragraph 1): Recognizes the validity of marriages of Filipinos solemnized abroad if they comply with the formal requisites of the law where they were celebrated, provided these marriages are not contrary to Philippine law, public order, or public policy.
Article 26 (Paragraph 2): Governs recognition of a divorce obtained abroad by the foreign spouse, which may allow the Filipino spouse to remarry under certain conditions.

1.2. The Revised Penal Code (RPC)

Under the Revised Penal Code of the Philippines:

Bigamy (Article 349): Bigamy is committed when a person contracts a second or subsequent marriage without the first marriage having been legally dissolved or declared void. The penalty ranges from imprisonment of 6 years and 1 day to 12 years.

2. Bigamy and Its Consequences

2.1. Definition and Elements of Bigamy

A Filipino who is still legally married in the Philippines and contracts a second marriage (whether in the Philippines or abroad) may be exposed to criminal liability for bigamy. Under Philippine law, the elements of bigamy are:

The offender is legally married.
The marriage has not been lawfully dissolved or declared void.
The offender contracts a second or subsequent marriage.
The second or subsequent marriage has all the essential requisites for validity as determined by the law of the place where it is performed.

2.2. Penalties

If found guilty of bigamy, the offender faces:

Imprisonment of 6 years and 1 day to 12 years.
Possible civil liabilities, such as damages claimed by the offended party.

2.3. Criminal Complaint for Bigamy

A complaint for bigamy may be initiated by the first spouse or another interested party. Even if the second marriage took place abroad, Philippine courts can still assume jurisdiction if the second marriage is recognized as having taken effect relative to the Filipino spouse.

3. Recognition (or Non-Recognition) of the Second Marriage in the Philippines

3.1. General Rule: Second Marriage Is Invalid

As a rule, a subsequent marriage entered into by a Filipino while a prior valid marriage still exists is void ab initio (void from the start). Philippine law will not recognize the second marriage in the following situations:

The first marriage has not been annulled, declared void, or otherwise legally terminated.
The second marriage was contracted in any foreign jurisdiction without meeting the legal requirements of dissolution of the first marriage.

3.2. Exception: Foreign Divorce Obtained by the Foreign Spouse

Article 26(2) of the Family Code allows a Filipino spouse to remarry if the foreign spouse obtains a valid divorce overseas. This provision enables the Filipino spouse to have that foreign divorce recognized in the Philippines, thereby allowing remarriage.
This rule does not apply when two Filipinos obtain a divorce abroad. If both parties remain Filipino citizens at the time of the divorce, Philippine law generally will not recognize that divorce.

3.3. Dual Citizens and Divorce Abroad

In some interpretations (and jurisprudence), if a Filipino holds dual citizenship and one of the nationalities is that of the foreign country where a divorce was obtained, it might open a pathway to having that divorce recognized in the Philippines. This area is quite nuanced and typically requires a judicial petition for recognition of foreign judgment (i.e., the foreign divorce decree).

4. Pathways to End the First Marriage Under Philippine Law

Before considering any subsequent marriage, it is crucial to ensure the first marriage is dissolved or declared void under Philippine law. The options include:

Annulment – Grounds include lack of parental consent (for ages 18-21), insanity, fraud, force, intimidation, or undue influence, impotence, or sexually transmissible disease unknown to the other spouse at the time of marriage.
Declaration of Nullity of Marriage – Applicable where the marriage is void from the beginning, such as:
- Lack of a valid marriage license.
- Bigamous or polygamous marriages (unless falling under exceptional circumstances).
- Incestuous or void marriages as provided by law.
- Psychological incapacity under Article 36 of the Family Code.
Judicial Recognition of a Foreign Divorce – If the other spouse is a foreign national who obtained a foreign divorce, the Filipino spouse may file a petition in the Philippine courts for recognition of that foreign divorce. Upon recognition, the Filipino spouse can remarry.

Until a Philippine court issues a decree of annulment, nullity, or recognition of a foreign divorce, the original marriage subsists.

5. Practical Implications for the Second Marriage

5.1. Non-Registration of the Second Marriage

If a Filipino marries abroad without dissolving the first marriage:

The second marriage cannot be registered with the Philippine Embassy or the Philippine Statistics Authority (PSA). If presented for registration, it would be deemed invalid due to the existing first marriage.
Any visa applications or legal processes that require proof of a valid civil status may reveal the prior undissolved marriage.

5.2. Inheritance and Property Rights

Because the second marriage is not recognized under Philippine law:

Property rights acquired during the second “marriage” might face legal disputes.
Children born of the second marriage may be considered illegitimate under Philippine law, affecting inheritance rights and legitimacy status.

5.3. Immigration or International Issues

If the spouse from the second marriage is a foreign national, there might be complications in immigration petitions or family sponsorships because the legality of the marriage can be questioned, especially if discovered that the Filipino spouse is still married under Philippine law.

6. Enforcement and Discovery

Filing a Complaint
The offended party (the first spouse) or even third parties may file a criminal complaint for bigamy.
Investigation
During an investigation or legal process (e.g., an application for a Philippine passport in a new marital name, property transactions, or inheritance claims), authorities may discover the existing first marriage.
Automatic Nullity vs. Judicial Declaration
In Philippine law, even if the second marriage is void from the start, a judicial declaration is often necessary to conclusively establish that the marriage is void for certain legal processes.

7. Frequently Asked Questions (FAQs)

Q1. What if the first spouse informally agrees to the second marriage?

An informal agreement or mutual consent does not dissolve the first marriage. Only a judicial decree of annulment, nullity, or a recognized foreign divorce can end the first marriage.

Q2. Can a Filipino divorce another Filipino abroad and remarry?

Generally, no—Philippine law does not recognize a divorce obtained by two Filipino citizens, even if the divorce is valid in the foreign country where it was procured. They would still need an annulment or declaration of nullity in the Philippines.

Q3. Is there a way to avoid criminal prosecution for bigamy if the second marriage is already done?

If a second marriage has occurred, the Filipino might pursue a declaration of nullity of the first marriage or a recognition of a valid foreign divorce (if applicable). However, contracting a second marriage before formally ending the first can still expose the person to bigamy charges. Each case is fact-specific, and legal counsel is indispensable.

Q4. What about a church wedding abroad?

Religious ceremonies, wherever conducted, are subject to civil law requirements. If the first marriage is still valid, any subsequent ceremony (civil or religious) may be considered void under Philippine law, and bigamy charges can still apply.

Q5. Could the second marriage be valid in the foreign country, even if invalid in the Philippines?

Yes, it is possible for the second marriage to be valid under the laws of another country. However, that does not alter its status under Philippine law. Within the Philippines (and for Filipinos abroad, depending on diplomatic and consular activities), the second marriage remains void, and the Filipino can be prosecuted for bigamy.

8. Practical Recommendations

Seek Legal Advice Early
Before planning to remarry abroad, consult a Philippine-licensed attorney to discuss options such as annulment, nullity, or recognition of foreign divorce.
Resolve the First Marriage
Ensure the first marriage is legally terminated through a final and executory judgment of annulment or nullity, or, if applicable, a judicial recognition of foreign divorce before entering a new marriage.
Verify Documentation
- Secure the Certificate of Finality for annulments/nullity decrees.
- Obtain a Court Recognition Order for a foreign divorce decree where appropriate.
- Have the marriage record updated with the Philippine Statistics Authority (PSA) to reflect any court decisions.
Consider International Law Implications
In addition to Philippine law, the laws of the country where the second marriage would take place might impose their own requirements (e.g., proof of legal capacity to marry, divorce papers, etc.). Falsely declaring single status can lead to legal repercussions abroad as well.
Transparency with Foreign Authorities
If applying for residency or citizenship in another country based on the second marriage, failure to disclose the ongoing Philippine marriage can result in denial of applications, revocation of immigration benefits, or charges of fraud.

9. Conclusion

Remarrying abroad while still legally married in the Philippines carries serious legal risks—chief among them potential charges of bigamy, non-recognition of the second marriage, inheritance and legitimacy complications, and immigration difficulties. Under Philippine law, a marriage remains valid until a court decree of annulment or nullity or a recognized foreign divorce terminates it. No new marriage can be validly contracted by a Filipino until the first marriage is conclusively ended.

Because of these complexities, individuals contemplating remarriage abroad must fully understand the legal landscape. It is highly advisable to seek professional legal counsel in both the Philippines and the foreign jurisdiction to avoid possible criminal charges and to protect the rights of all parties involved.