Dear Attorney,
I have a concern regarding filing a case of bigamy in the Philippines. Should the case be filed where the complainant currently resides, where the second marriage took place, or where the complainant and the respondent first married? Your guidance will be greatly appreciated.
—Concerned Spouse
Insights
Jurisdiction and Filing of Bigamy Cases in the Philippines
In the Philippines, bigamy is considered a criminal offense under Article 349 of the Revised Penal Code. Bigamy occurs when a person contracts a second or subsequent marriage before legally terminating or nullifying a prior marriage. The law, therefore, treats bigamy seriously as it directly violates the sanctity and exclusivity of marriage. One of the essential aspects of filing a bigamy case is determining the correct venue or jurisdiction for the filing of the case.
1. Venue for Criminal Cases:
In the Philippines, criminal cases are typically filed in the place where the crime was committed. The jurisdiction is usually determined by the location of the criminal act. In the case of bigamy, the key consideration is where the second marriage took place because this is the illegal act constituting the crime.
A. Filing in the Place Where the Second Marriage Took Place:
The crime of bigamy is consummated when the second marriage is contracted. Thus, the general rule is that the criminal complaint for bigamy should be filed in the jurisdiction where the second marriage was solemnized. This is the place where the act constituting bigamy occurred, and hence, the Regional Trial Court in that location would have jurisdiction to hear and decide the case.
Example: If the second marriage was conducted in Quezon City, the bigamy case should be filed before the Regional Trial Court of Quezon City.
B. Venue in Relation to the First Marriage:
While the second marriage is the crux of the bigamy offense, the first marriage plays an integral role in proving the offense. The existence of a valid and subsisting first marriage is a requisite for establishing bigamy. However, the filing of the case is not tied to the location of the first marriage. The first marriage is treated as evidence, and the venue for filing is where the illegal second marriage took place.
C. Residency as a Factor:
The complainant’s current place of residence does not generally determine the venue for filing the case. The primary consideration is the place where the second marriage took place, as this is where the criminal act occurred. However, there are provisions for changing the venue if it can be shown that a fair trial cannot be had in the place where the crime was committed due to issues such as bias or other justifiable reasons.
2. Elements of Bigamy:
To successfully prosecute a case of bigamy, the following elements must be established:
- There is a valid first marriage.
- The first marriage has not been legally dissolved or annulled at the time of the second marriage.
- The accused contracted a second or subsequent marriage while the first marriage was still subsisting.
- Both marriages were entered into voluntarily.
A. The Validity of the First Marriage:
The prosecution must present proof of the subsisting first marriage. This can be demonstrated through a copy of the marriage certificate, which is a public record. It is essential that the first marriage be valid and not null or void from the beginning.
B. The Second Marriage Must Be Proved:
The second marriage must also be proved through official documentation, typically the marriage certificate from the second marriage. It is this act of contracting a second marriage while the first remains valid that completes the crime of bigamy.
3. Defenses Against Bigamy:
While bigamy is a serious charge, there are recognized defenses that may absolve the accused from liability. These include:
A. Declaration of Nullity or Annulment of the First Marriage:
If the first marriage is declared null and void or annulled before the second marriage is contracted, bigamy does not apply. However, if the declaration or annulment occurs after the second marriage, the accused may still be held liable for bigamy, as the crime was already committed when the second marriage took place.
B. Absence of One of the Essential Elements:
If the prosecution fails to prove any of the essential elements of bigamy, the case may be dismissed. For example, if it can be shown that the first marriage was void ab initio (void from the start), the second marriage would not constitute bigamy since there was no valid first marriage to begin with.
C. Good Faith:
Though rarely accepted as a defense, some cases have entertained the concept of good faith, particularly where the accused genuinely believed that the first marriage had already been dissolved or annulled at the time of the second marriage. This defense, however, requires strong proof and is highly case-specific.
4. Penalties for Bigamy:
Under Philippine law, bigamy is punishable by prision mayor, which has a duration of six years and one day to twelve years. The penalty reflects the gravity of the offense and serves as a deterrent to those contemplating contracting multiple marriages without the proper legal dissolution of the previous ones.
5. Prescriptive Period for Bigamy:
The prescriptive period for filing a bigamy case is fifteen (15) years. This means that the complainant must file the case within fifteen years from the commission of the crime, which is from the date of the second marriage. After this period, the crime prescribes, and the state can no longer prosecute the offense.
Conclusion:
Bigamy is a complex offense that involves multiple legal considerations, from proving the existence of two marriages to determining the correct venue for filing the case. In most cases, the bigamy case is filed where the second marriage was solemnized, as this is the location where the criminal act occurred. It is important for individuals involved in such cases to seek competent legal counsel to ensure that their rights are protected and that the case is filed properly in accordance with Philippine law.