UNDERSTANDING THE LEGAL IMPLICATIONS OF MULTIPLE MARRIAGE CONTRACTS IN THE PHILIPPINES

Dear Attorney,

I hope this letter finds you well. I am writing to ask for your professional guidance regarding a matter that has caused me significant concern. It appears that there were two marriage contracts under my ex-husband’s name, and I am unsure about the legality and ramifications of this situation under Philippine law.

I want to understand my rights and the possible legal consequences arising from the existence of these two marriage contracts. My principal question is whether I have grounds for legal action, and what steps I should take to clarify and protect my legal status. I deeply appreciate your help in shedding light on this issue and providing me with an accurate understanding of my legal position.

Thank you in advance for your time, and I look forward to receiving any information or advice you can offer.

Sincerely,

A Concerned Individual

Introduction

When individuals in the Philippines encounter a situation involving two marriage contracts in the name of one person, numerous legal principles come into play. The possibility of bigamy or an otherwise invalid union may arise, especially if both marriages occurred without the dissolution of the previous bond. Filipino law is strict when it comes to marriage because it is considered an inviolable social institution protected by the Constitution and the Family Code. As such, understanding the relevant legal doctrines, processes, and potential criminal liabilities is crucial for anyone facing questions about multiple marriage contracts.

This article aims to serve as a comprehensive resource on the law governing bigamy, nullity of marriage, and the corresponding penalties for contracting more than one marriage in the Philippines. It discusses how the Family Code, the Revised Penal Code, and judicial precedents interpret such circumstances. In doing so, the discussion will illuminate the pathways an aggrieved party may pursue—whether those involve filing a criminal complaint for bigamy, seeking the nullity of a second marriage, or addressing other ancillary issues related to property, support, and possible civil damages.

Governing Laws on Marriage in the Philippines

  1. The Family Code of the Philippines (Executive Order No. 209, as amended):

    • Enacted in 1987, the Family Code is the primary legislation governing marriage, family relations, and related matters in the Philippines. It establishes the requirements for a valid marriage, outlines grounds for annulment, and provides guidelines for legal separation and the dissolution of marital ties, among other things.
    • Among the fundamental principles in the Family Code is the protection of marriage as an inviolable social institution. Therefore, any subsequent marriage entered into while the first marriage is still subsisting could be void from the start, unless the previous marriage was legally terminated through death, a court decree of nullity or annulment, or a recognized foreign divorce for a Filipino spouse under limited circumstances.

  2. The Revised Penal Code (Act No. 3815):

    • Bigamy is addressed under Article 349 of the Revised Penal Code, which penalizes any person who contracts a second or subsequent marriage without having legally terminated or declared null and void the first marriage.
    • As an offense against civil status, bigamy reflects the State’s strong interest in protecting the sanctity and exclusivity of the marital bond. Anyone proven to have contracted multiple marriages without satisfying legal requirements and formalities may face criminal prosecution.

  3. Other Relevant Laws and Jurisprudence:

    • Numerous Supreme Court decisions have interpreted the statutory elements of bigamy and clarified the difference between valid, void, and voidable marriages. These precedents help lawyers, judges, and litigants understand the application of the law in real-life scenarios involving multiple marriage contracts.

Validity of Marriage

Under Philippine law, a valid marriage requires:

  1. Legal Capacity of the Contracting Parties: They must be of legal age (at least eighteen years old) and must not be suffering from any impediment that bars marriage, such as a prior valid marriage.
  2. Consent Freely Given: Both parties must voluntarily give their consent before a solemnizing officer.
  3. Authority of the Solemnizing Officer: The officiant must be duly authorized by law to solemnize marriages.
  4. Marriage License: Generally, a marriage license must be secured, except in specific circumstances such as marriages of exceptional character (e.g., marriages in articulo mortis, or those in remote places).
  5. Marriage Ceremony: The ceremony must be performed publicly in the presence of at least two witnesses, with the parties declaring that they take each other as spouses.

If an individual was already married and that marriage remains subsisting, contracting another marriage is typically considered void and can also be subject to criminal prosecution for bigamy.

Bigamy: Definition and Penalties

Article 349 of the Revised Penal Code defines bigamy as follows:

“Any person who shall contract a second or subsequent marriage before the former marriage has been legally dissolved or before the absent spouse has been declared presumptively dead by means of a judgment rendered in the proper proceedings, shall be punished by prisión mayor.”

From this definition, four essential elements emerge:

  1. The offender has been legally married.
  2. The marriage has not been legally dissolved or, in the case of an absent spouse, no declaration of presumptive death has been issued.
  3. The offender contracts a second or subsequent marriage.
  4. The second or subsequent marriage would have been valid if not for the subsistence of the first marriage.

Penalties for Bigamy:

  • Bigamy is punishable by prisión mayor, which ranges from six years and one day to twelve years. The exact duration of the penalty is determined by the court based on circumstances, such as aggravating or mitigating factors.
  • In addition to criminal punishment, a second marriage can be declared void ab initio (void from the start) under the Family Code.

Possible Civil and Criminal Remedies

  1. Criminal Action for Bigamy:

    • If you discover that your spouse, or ex-spouse, contracted another marriage without legally ending the first union, you may file a criminal complaint for bigamy at the Office of the City Prosecutor or Provincial Prosecutor.
    • A preliminary investigation will be conducted to determine if probable cause exists. If it does, the prosecutor will file an Information in court.

  2. Declaration of Nullity of the Second Marriage:

    • The second marriage is typically regarded as void ab initio if one of the contracting parties had an undissolved, subsisting marriage.
    • A petition for nullity of marriage can be filed in the Regional Trial Court (Family Court), specifically on the grounds that it lacks one of the essential or formal requisites for validity—chief among them being the fact of a prior existing marriage.
    • Upon the issuance of a final judgment declaring the second marriage void, both parties revert to their status prior to the ceremonial defect, effectively treating that marriage as though it never existed.

  3. Civil Implications of a Void Marriage:

    • A void marriage has consequences on property relations. Generally, the property regime that might have been established in a second, void marriage is also rendered void.
    • However, good faith by either party can affect how the courts will divide any acquisitions, especially if one spouse was unaware of the existing marriage and believed in the validity of the second marriage.
    • Matters of child legitimacy and support also arise, particularly if there are children born during the subsistence of a void marriage. Legitimate status remains protected if the marriage is considered void due to certain causes like psychological incapacity, but children from a bigamous union may be considered illegitimate. They do, however, retain inheritance and support rights from their biological parents.

Defenses and Exceptions

  1. Declaration of Presumptive Death:

    • If a spouse has been absent for four consecutive years (or two years under exceptional circumstances, such as danger of death), the present spouse may file a petition in court for a declaration of presumptive death. If granted, the present spouse may validly remarry without incurring criminal liability for bigamy.
    • However, if the absent spouse reappears or it is proven that the requesting spouse procured the declaration of presumptive death through fraud, the second marriage may be rendered void.

  2. Annulment or Declaration of Nullity of First Marriage:

    • If the first marriage was annulled or declared void from the start, the subsequent marriage would not be considered bigamous. The spouse contracting the subsequent marriage must ensure that a final judgment or decree is obtained beforehand to avoid any legal risk.

  3. Foreign Divorce:

    • Under Philippine law, if a Filipino citizen obtains a foreign divorce from a foreign spouse, that divorce may not automatically be recognized in the Philippines unless a judicial recognition of the foreign decree is sought.
    • If the ex-husband was a foreign national and obtained a valid foreign divorce, the Filipino spouse should confirm the dissolution of the first marriage by filing for judicial recognition in a Philippine court before remarrying.
    • For a Filipino spouse married to a foreign national who initiates a foreign divorce, the Filipino spouse may also benefit from the foreign divorce under certain conditions recognized by Philippine jurisprudence.

The Process of Filing a Case

  1. Gather Documentary Evidence:

    • Evidence of both marriages is crucial. This includes certified true copies of marriage certificates and any relevant court decrees concerning their validity or nullity.
    • If children or properties are involved, documents such as birth certificates, land titles, or property registrations may also be relevant.

  2. Consult Legal Counsel:

    • Engaging a lawyer skilled in family law will help navigate the complexities of bigamy or nullity cases. They can provide advice on the best strategies and help ensure that documents and pleadings comply with procedural rules.

  3. Filing a Criminal Complaint or Petition for Nullity:

    • A criminal complaint for bigamy is filed before the prosecutor’s office. The process includes submitting an affidavit-complaint accompanied by documentary evidence. After a preliminary investigation, the prosecutor may file charges in court if probable cause is found.
    • A petition for declaration of nullity of marriage is a separate civil case filed in the Regional Trial Court (Family Court). The petition must state the grounds for nullity and present evidence that the earlier marriage was never dissolved.

  4. Court Proceedings:

    • In criminal proceedings, the prosecution must prove guilt beyond reasonable doubt. The accused may present defenses, such as a valid dissolution of the prior marriage or a declaration of presumptive death.
    • In civil proceedings, the burden is on the petitioner to prove that the second marriage is void. The standard of proof is generally a “preponderance of evidence.”

  5. Final Judgment and Enforcement:

    • In a criminal case, a conviction results in a penal sanction ranging from imprisonment to possible fines. Acquittal can result from insufficient evidence or a recognized exception.
    • In a civil case, a declaration of nullity (once final and executory) confirms that the marriage was void from its inception. This final judgment allows the parties to adjust their civil status, property relations, and other related issues accordingly.

Effects on Children and Property

  1. Children’s Status:

    • If a marriage is declared void due to bigamy, children born during this union are generally classified as illegitimate. However, they remain entitled to support from their biological parents and have certain inheritance rights under Philippine law.
    • In all cases involving children, the courts typically prioritize their best interests, ensuring they receive adequate support, education, and parental care.

  2. Property Distribution:

    • Even if the second marriage is declared void, the property acquired during that union might be subject to equitable distribution, particularly if one party acted in good faith.
    • If both parties were in bad faith—meaning they were aware that the marriage was invalid—the property distribution might differ, subject to the court’s determination.

  3. Successional Rights:

    • The second marriage, being void, confers no legitimate spousal rights in inheritance. However, the children from the void marriage can inherit from their biological parents, though as illegitimate heirs, their share may be different compared to legitimate children.

Best Practices and Preventive Measures

  1. Due Diligence:

    • Before entering into any marriage, both parties should verify the marital status of the other. Certified true copies of the would-be spouse’s Certificate of No Marriage (CENOMAR) from the Philippine Statistics Authority (PSA) or relevant civil registry may reveal previous or existing marital bonds.

  2. Judicial Confirmation of Marital Status:

    • If there is any doubt regarding the subsistence or validity of a prior marriage, legal steps should be taken to resolve the uncertainty. This may involve a petition for declaration of nullity, recognition of a foreign divorce decree, or confirmation of presumptive death in court.

  3. Legal Counsel and Documentation:

    • Consulting an attorney before remarriage or upon discovering multiple marriage contracts ensures that all relevant laws are followed.
    • Retaining copies of documents such as marriage certificates, court orders, and final judgments helps strengthen legal standing in potential litigation.

  4. Awareness of Criminal Liability:

    • Individuals must be aware of the serious consequences of entering into a second marriage without concluding or dissolving a subsisting marriage. Bigamy is a punishable offense, and ignorance of the law is not a valid defense.

Frequently Asked Questions (FAQs)

  1. Can someone be charged with bigamy even if the first marriage was not recorded or was performed informally?

    • Yes. Even informal or religious marriages can be recognized if they meet the essential and formal requisites. Proof of such a marriage, especially if it was solemnized by a person authorized under special circumstances, might suffice for a bigamy charge.

  2. Is the knowledge or ignorance of the second spouse relevant in a bigamy case?

    • Generally, bigamy focuses on the act of the already married individual who contracts a subsequent marriage. However, if the second spouse was also aware of the first subsisting marriage, both may face legal repercussions, though specific liabilities can vary.

  3. What happens if the first marriage was later declared void?

    • If the first marriage is declared void or was annulled, then legally, there may be no subsisting marriage at the time the second marriage was contracted. Nonetheless, an accused individual must secure a final decree prior to entering into a new marriage to avoid bigamy charges.

  4. Can one file for both criminal bigamy and nullity of marriage simultaneously?

    • Yes, a criminal action for bigamy can proceed independently from a civil action for nullity or annulment. However, the resolution of one case can sometimes affect the outcome or progression of the other.

  5. If a foreign spouse obtained a foreign divorce, is the Filipino spouse automatically free to remarry?

    • No. The Filipino spouse needs to seek judicial recognition of the foreign divorce in the Philippines for it to be valid domestically. Failing to do so could result in complications if they remarry.

Conclusion

Under Philippine law, marriage is a solemn and binding union, and the State requires strict compliance with both procedural and substantive requirements to maintain its integrity. Contracting more than one marriage simultaneously or without terminating a prior marriage leads not only to potentially void subsequent unions but also to criminal liability under bigamy provisions of the Revised Penal Code.

For individuals discovering that their spouse or ex-spouse may have entered into multiple marriages, the recommended course of action is to seek legal counsel promptly. A diligent lawyer will review the facts, gather essential documentary evidence, and determine whether a criminal complaint or petition for nullity is warranted. The legal proceedings can be complex, involving both civil and criminal dimensions, and the rights of children and property arrangements must be properly protected.

Ultimately, while these laws may appear stringent, they serve the important purpose of safeguarding the fundamental institution of marriage. By upholding the sanctity of this institution, Philippine law aims to protect not only the marital bond but also the welfare of families and children, ensuring clarity, fairness, and justice in all matters pertaining to marriage contracts.

Disclaimer: This content is not legal advice and may involve AI assistance. Information may be inaccurate.

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