Below is a comprehensive discussion of the concept of “Void Marriage Due to Bigamy” under Philippine law, with references to the relevant legal provisions and jurisprudential principles. Note that this is for general informational purposes and does not constitute formal legal advice. For specific legal concerns, it is always best to consult a qualified lawyer.

1. Definition of Bigamy

Under Philippine law, “bigamy” occurs when a person who is validly married contracts a second or subsequent marriage without first securing the legal termination of the prior marriage—whether through annulment, declaration of nullity, or death of the other spouse. Consequently, the second (bigamous) marriage is generally regarded as void ab initio (void from the very beginning).

Key Provisions

Article 35(4), Family Code of the Philippines (Executive Order No. 209, as amended)

“The following marriages shall be void from the beginning: … (4) Those bigamous or polygamous marriages not falling under Article 41.”
Article 349, Revised Penal Code

Penalizes bigamy as a crime. The punishment typically ranges from prision mayor (six years and one day to twelve years) if found guilty.

2. Void from the Beginning

2.1. Meaning of Void ab initio

A marriage that is void from its inception produces no legal effect—as though it never existed. Neither party acquires spousal rights and obligations. This includes rights to inheritance, spousal support, or other marital benefits. In contrast to voidable or annullable marriages (where a valid marriage exists until annulled), a void marriage has no binding force from the start.

2.2. Distinction from Other Void Marriages

While bigamous marriages are classified as void under Article 35(4), other grounds under the Family Code also render a marriage void (e.g., incestuous marriages, psychological incapacity, marriages without a valid marriage license). However, bigamous marriages have additional implications under criminal law, making them a special case.

3. Criminal Aspect of Bigamy

3.1. Legal Basis

Bigamy is specifically punishable under Article 349 of the Revised Penal Code. The elements of the crime of bigamy are:

An existing valid marriage prior to the second marriage.
Contracting a subsequent marriage during the subsistence of the first marriage.
The absence of a legal basis for the second marriage (i.e., the first marriage was not dissolved by death, declaration of nullity, annulment, or judicial declaration of presumptive death under Article 41 of the Family Code).

3.2. Public Offense

Because bigamy disturbs public order and the sanctity of marriage, the State can pursue criminal prosecution even if one spouse declines to press charges. A complaint from a spouse (or an interested party) is typically necessary to initiate criminal proceedings, but it remains a public offense once instituted.

4. Exceptions and Special Considerations

4.1. Declaration of Nullity of Prior Marriage

If the first marriage was already declared null and void by a final judgment before contracting the subsequent marriage, the second marriage would not be bigamous.
However, mere belief or a pending nullity suit is not enough; there must be a final, executory judgment of nullity or annulment of the first marriage before entering a new one.

4.2. Presumptive Death (Article 41, Family Code)

Under certain circumstances (e.g., the prior spouse has been absent for four consecutive years, or two years if the spouse disappeared under extreme danger), a petitioner may secure a judicial declaration of presumptive death. If the court issues such a declaration and the spouse remarries in reliance on that ruling, the second marriage is not bigamous—provided the procedural requirements of Article 41 are strictly followed.

4.3. Legal Separation vs. Declaration of Nullity

Legal separation merely allows spouses to live apart; it does not sever the marital bond. Thus, a second marriage after obtaining a decree of legal separation would still be bigamous.
Judicial declaration of nullity/annulment is what ends a marriage retroactively or from the time of final judgment, respectively.

5. Effect on Children (Putative Marriage Doctrine)

Children born in a bigamous marriage are generally illegitimate due to the invalidity of the marriage. However, putative marriage doctrine may provide certain benefits to children if at least one spouse had a well-founded belief in the validity of the marriage. This includes possible rights to support and inheritance from the parent who acted in good faith. Philippine jurisprudence often protects the rights of innocent children in such scenarios, but the exact entitlements can depend on court rulings interpreting the putative marriage doctrine in each case.

6. Process for Declaration of Nullity Due to Bigamy

Filing the Petition
– A party to the marriage or other interested party (usually a spouse) may file a Petition for Declaration of Nullity of Marriage in the proper Regional Trial Court (Family Court).
– The petition specifically alleges the existence of the first valid marriage and the subsequent (bigamous) marriage.
Submission of Evidence
– The petitioner must present the marriage certificate(s), proof of the subsistence of the first marriage (e.g., that it was not terminated by death or annulment), and any other evidence (e.g., testimonies).
Court Hearing and Decision
– If the court is convinced that the second marriage is bigamous, it will declare the marriage void ab initio.
– Once the decision becomes final, the parties can secure a judicial declaration of nullity, which must be annotated on the marriage certificate at the Philippine Statistics Authority (PSA) and in the Local Civil Registry.
Registration and Effects
– The court’s final decision must be registered with the civil registrar.
– From a legal standpoint, the parties in a bigamous union revert to their status as if they had never been married (under the second marriage).

7. Administrative and Practical Consequences

Status of the Parties
– Because a bigamous marriage is void, neither spouse in the second marriage is entitled to spousal benefits such as inheritance or legitimate status of children, subject to the putative spouse doctrine if applicable.
Property Regime
– The property acquired by the parties in a void bigamous marriage could be subject to the rules on co-ownership, if they acted in good faith or under the putative marriage doctrine. Otherwise, general civil law rules on ownership and partnership in property may apply.
Possibility of Criminal Liability
– The parties to the bigamous marriage (or at least the spouse who knowingly contracted a second marriage) may be prosecuted for bigamy under the Revised Penal Code.
Subsequent Marriages
– If the second spouse attempts another marriage without judicially clearing the record of the bigamous marriage, they may expose themselves to further criminal liability.
– Each new marriage while the first stands undissolved is independently considered bigamy.

8. Relevant Jurisprudence

Although specific case names change over time, the Supreme Court of the Philippines consistently holds that a second marriage entered into while the first remains valid—absent a judicial declaration of nullity of that first marriage or a judicial declaration of presumptive death—is void and can give rise to a bigamy charge. Key rulings stress the requirement of a judicial decree and that a mere separation or personal belief of nullity is never sufficient.

9. Summary of Key Points

Bigamous marriages are void from the start (Article 35(4), Family Code).
A pending annulment or nullity case does not permit contracting a new marriage; a final court decision is imperative.
Bigamy is both a civil and a criminal matter; civilly, the marriage is void, and criminally, the parties (particularly the spouse who knowingly entered into a second marriage) may be liable under the Revised Penal Code.
Exceptions exist where the first marriage is declared null and void, or the prior spouse is legally presumed dead through a judicial process.
Children of a void bigamous marriage are generally illegitimate, but may receive some protections if there was good faith and the putative marriage doctrine applies.
A bigamous marriage produces no spousal rights or obligations, but it may create co-ownership or other property interests under certain conditions of good faith.

Final Reminder

“Void Marriage Due to Bigamy” in the Philippines involves both civil and criminal dimensions. Civilly, the marriage is void from inception; criminally, the act may lead to imprisonment. Individuals who believe they are in—or suspect their spouse is in—a bigamous marriage are strongly advised to consult with a legal professional for personalized guidance.