Dear Attorney,
I am reaching out to inquire about the legal defense in relation to bigamy in the Philippines, particularly in the context of customary marriages among indigenous tribes. Is there any legal provision or article that would allow a subsequent marriage, considering our indigenous customs? I would appreciate any advice or clarification you can provide. Thank you very much for your help.
Sincerely,
A Concerned Spouse
Insights
In the Philippines, bigamy is a crime under Article 349 of the Revised Penal Code, which penalizes any person who contracts a second or subsequent marriage without the first one being legally dissolved. The law provides that such an act is punishable by imprisonment. However, there are certain circumstances where bigamy may be legally contested, particularly in relation to indigenous customary laws.
The Indigenous Peoples' Rights Act (IPRA) of 1997, or Republic Act No. 8371, grants recognition to the customs, traditions, and practices of indigenous cultural communities, including their marriage customs. Under this law, marriages performed in accordance with the customs of indigenous tribes may be recognized, even if they do not follow the same formalities as civil or religious marriages. However, this does not automatically exempt such marriages from the general laws on bigamy.
For bigamy charges to be defended on the basis of customary law, the defendant may need to argue that the first marriage, if performed under indigenous customs, does not fall within the definition of a valid marriage under civil law, or that there is an absence of willful violation due to good faith reliance on the customs of their community.
It’s also essential to understand that Philippine courts require the subsequent marriage to comply with civil law provisions for it to be considered valid. Failure to dissolve the first marriage, even if it is an indigenous customary marriage, would still be a violation of Article 349 unless a legal dissolution has occurred, either through annulment, legal separation, or declaration of nullity under Philippine family law.
Thus, while the IPRA protects indigenous customs, defending a bigamy case on this basis would require a nuanced argument, likely necessitating the presentation of the specific customs of the tribe in court and establishing that these customs provide an exemption or defense under the unique circumstances of the case.
In conclusion, while there is no outright exemption from bigamy laws for indigenous marriages, the recognition of these marriages under the IPRA may provide a basis for legal defense, depending on the facts and evidence presented. It's critical to seek proper legal guidance and representation when navigating such a defense in the context of bigamy.