Dear Attorney,
I am writing to seek clarification regarding my situation. I am in a relationship where I stand as the second wife, while the first wife lives abroad. The first wife allegedly obtained a CENOMAR (Certificate of No Marriage) and proceeded with another marriage despite her existing marital bond. I am unsure about the legal status of my own marriage, our property relations, and who might be entitled to the Social Security System (SSS) pension or other benefits.
As someone who is uncertain about my standing in Philippine family law, I would like to know my rights and liabilities, if any, with respect to our marital setup. I am especially worried about the effects of this arrangement on future inheritance or pension claims, considering there is a first wife who appears to have tried to contract another marriage in Japan. Could you kindly explain the extent of my rights and the implications of this scenario under Philippine law?
Thank you for your time. I appreciate your legal guidance in this matter.
Sincerely,
A Concerned Partner
LEGAL ARTICLE ON PHILIPPINE LAW:
Disclaimer: The information provided herein is for general legal education and must not be construed as legal advice tailored to a specific case. For accurate guidance, it is best to consult a licensed attorney in person.
I. Introduction
In the Philippines, marriages are governed by the Family Code (Executive Order No. 209, as amended by Executive Order No. 227). The Code treats the institution of marriage as an inviolable social contract, providing clear guidelines on its requisites, effects, and grounds for nullity or annulment. At the same time, other laws such as the Revised Penal Code (particularly on bigamy) and the Social Security Act (Republic Act No. 8282, as amended) impose various legal rights and obligations concerning marriages and their financial entitlements.
When confusion arises about the legality of one’s marriage—especially where a prior spouse or a subsequent spouse is involved—questions about validity, rights to property, pension, and other benefits follow. This article will shed light on second marriages, the concept of bigamy in Philippine law, the significance of a Certificate of No Marriage (CENOMAR), and how SSS pensions or other benefits are allocated under these circumstances.
II. The Concept of Marriage Under Philippine Law
Definition and Importance
Article 1 of the Family Code of the Philippines defines marriage as “a special contract of permanent union between a man and a woman entered into in accordance with law for the establishment of conjugal and family life.” It is the foundation of the family and is protected by the state. In Philippine jurisdiction, once a valid marriage exists, no second marriage can be contracted unless the first one is properly terminated or dissolved by either:- Death of one spouse;
- Declaration of Nullity or Annulment of Marriage; or
- Legal presumption of death under certain circumstances (Article 41 of the Family Code).
Certificate of No Marriage (CENOMAR)
A CENOMAR is an official certification from the Philippine Statistics Authority (PSA) stating that a person has not contracted any marriage in the Philippines. It is commonly required in marriage applications to establish that the marrying parties are free to wed. However, it only reflects data that is on record within the territory of the Philippines. If a marriage has not been registered or was solemnized abroad without proper reporting to the Philippine Embassy or Consulate, the CENOMAR might not reflect that existing marital tie.Importance of Marriage Registration
Marriages celebrated abroad by Filipinos should be registered with the Philippine Embassy or Consulate to ensure that these marriages are recorded. Failure to report such marriages can result in conflicting PSA records, which may lead to a situation where a CENOMAR is erroneously issued. This, in turn, can confuse those who rely solely on the PSA’s documents without verifying the actual status of the parties.
III. Bigamy and Other Consequences of a Second Marriage
Bigamy under the Revised Penal Code
Under Article 349 of the Revised Penal Code, bigamy is defined as the act of contracting a second or subsequent marriage before a former marriage has been legally dissolved, or before the absent spouse has been declared presumptively dead by means of a court declaration. Bigamy is punishable by imprisonment. In order for the charge of bigamy to prosper, there must be:- A valid first marriage;
- Subsequent marriage without the dissolution or legal termination of the first;
- Knowledge of both parties regarding the first existing marriage.
Effects on the Validity of the Second Marriage
If the second marriage was solemnized without a valid termination of the first marriage, the second marriage is generally considered void ab initio (void from the beginning). This means it has no legal effect, as though it never existed in the eyes of the law. Certain exceptions, such as those found in Articles 41 and 42 of the Family Code (on presumptive death of a spouse), may create a scenario where the second marriage is deemed valid unless a prior spouse surfaces. However, in the typical situation where the first marriage is still in force, any subsequent marriage is void.Implications for Property Relations
If the second marriage is void, property acquired by the parties of the void second marriage will not be governed by the usual community property or conjugal partnership rules that apply to valid marriages. Instead, property relations may fall under the provisions governing co-ownership for parties who cohabit without the benefit of a valid marriage (Article 147 or Article 148 of the Family Code, depending on the circumstances). This distinction significantly affects how assets will be distributed if the relationship is severed.Criminal Liability and Civil Remedies
The spouse who knowingly enters a second marriage without the termination of the first marriage risks criminal prosecution for bigamy. The first spouse, or even the second spouse upon discovering the deception, may file a complaint. Additionally, civil remedies, such as an action for declaration of nullity of marriage or for damages, may be pursued.
IV. CENOMAR Issues and Conflicting Marriage Records
Erroneous Issuance of CENOMAR
A CENOMAR might be issued due to incomplete or non-updated records. For example, if the first wife in this scenario got married abroad but never reported it to the Philippine Embassy or Consulate, the PSA might not have any record of that marriage, thereby generating a CENOMAR. This can create a deceptive appearance of singleness.Consequences of Relying Solely on a CENOMAR
Individuals who rely only on a CENOMAR issued in the Philippines, especially if they are aware of a prior marriage abroad, may be placing themselves in legal jeopardy. If the first marriage still subsists in reality—even if not recorded or recognized yet by the PSA—the second marriage will remain void.Rectifying Marriage Records
To avoid confusion, parties should ensure that all marriages are properly registered. If the first wife’s marriage was indeed validly contracted abroad, the correct procedure is to have that marriage reported to the Philippine Embassy or Consulate so that the Philippine government’s records are updated. Conversely, if there is already a pending case for declaration of nullity or annulment of the first marriage, it should be properly recorded upon finality of judgment.
V. SSS Pension and Other Benefits in a Second-Wife Scenario
General Rule on Dependents
Under the Social Security Act, the spouse and minor children of a member are considered primary beneficiaries entitled to receive benefits such as death benefits, pension, and other entitlements. If the marriage is valid under Philippine law, the lawful spouse is prioritized. If there is a conflict regarding who the lawful spouse is, the SSS or other government agencies may require documentation and a legal determination of the valid marriage.Hierarchy of Beneficiaries
- Primary Beneficiaries: The legitimate spouse, legitimate dependent children, and, under certain conditions, legitimate parents (if there are no legitimate children or a spouse) are typically the first in line to receive SSS benefits.
- Secondary Beneficiaries: If no primary beneficiaries exist, then secondary beneficiaries (illegitimate children, other dependents) may file a claim.
When two women claim to be the wife of a deceased SSS member, the issue boils down to which marriage is valid under Philippine law. The second wife, if her marriage is void, generally has no standing to claim as a legal spouse.
Process of Claiming SSS Benefits
Upon the death of an SSS member, a spouse or other beneficiary files a claim with the SSS. The SSS may require:- A copy of the marriage certificate from the PSA (or from the Local Civil Registrar, if not yet available at the PSA).
- Birth certificates of the dependent children.
- Other evidence to verify the authenticity and validity of the marriage, especially if there are conflicting claims.
If the second wife attempts to claim benefits, but the first wife is still alive and her marriage to the member is still valid, it is the first wife who will generally be recognized as the legal spouse. The second wife’s claim might fail unless she can prove that the first marriage had been legally terminated or that her marriage meets the requirements under the law (e.g., presumptive death declared by a court, making her marriage arguably valid until proven otherwise).
SSS Decision and the Courts
If conflicting claims arise, the SSS may hold the release of benefits until the parties obtain a court order determining which marriage is valid. In certain circumstances, the SSS might allow partial releases to dependent children to protect their interests, but the spouse’s share may be withheld pending resolution of the dispute.
VI. Legal Remedies for the Second Wife
Petition for Declaration of Nullity or Annulment of Marriage
If the second wife sincerely believes that the husband’s previous marriage was invalid or can be annulled, she might consider supporting the husband’s petition for declaration of nullity or annulment of his prior marriage. However, until that process reaches finality, the husband is presumed to still be legally married to the first wife. Therefore, the second marriage remains void if it was contracted while the first marriage was still in existence.Representation of the Husband
Typically, it is the spouse who should initiate legal action to rectify his or her own marital status. The second wife may not always have direct standing to file certain actions, but she can encourage or assist her partner in clearing up his legal marital records. This may involve:- Locating the first wife and clarifying the status of her new “marriage,” which might also be legally void if her first marriage was never terminated.
- Filing the necessary pleadings and petitions in court for the declaration of nullity or annulment.
Claiming Damages or Filing Complaints
If the second wife was deceived into believing that her husband was single or legally capable of contracting marriage, she might have grounds for filing a complaint for damages. Alternatively, if she wishes to extricate herself from the relationship, she may pursue a case for declaration of nullity of marriage based on the existence of the husband’s prior valid marriage.Protection of Children’s Rights
If children were born from the second marriage, their status will be that of illegitimate children (assuming the second marriage is indeed void), unless and until the first marriage is declared null and void, or is otherwise terminated. These children will still be entitled to child support from the father and may inherit from him under certain conditions, although they typically have fewer inheritance rights compared to legitimate children.
VII. Potential Liabilities and Defenses
Criminal Liability for Bigamy
The party who knowingly marries a second time without dissolving the first marriage can be held criminally liable. If the second wife lacked knowledge of the first marriage, she might be able to plead good faith as a defense, although typically the complaint for bigamy focuses on the spouse who contracted the second marriage.Void Marriages and Community Property
Since the second marriage is void, the usual community or conjugal property regime does not apply between the husband and the second wife. Rather, they become co-owners of any property acquired from their joint contribution (Article 148 of the Family Code) if they knew about the existing marriage. If they were in good faith, Article 147 applies, but that is typically interpreted more favorably to the “common-law” spouse who was deceived.Estoppel and Innocent Party
A second wife who had no knowledge of the first marriage at the time of contracting the second marriage may invoke her being an innocent party. This could matter in civil cases for property distribution. She may not be estopped from claiming a share of assets that she contributed to acquiring, even if the marriage is declared void.
VIII. Practical Steps Moving Forward
Confirm the Existence and Status of the First Marriage
- Check the PSA records for a marriage certificate between the husband and his first wife.
- Verify with the local civil registrar or the Philippine Embassy/Consulate if the overseas marriage was reported.
- Determine if there has ever been a petition for declaration of nullity or annulment of that marriage.
Initiate Legal Proceedings if Necessary
If the first marriage is still valid, the husband must file a Petition for Declaration of Nullity or for Annulment, depending on the circumstances, if he hopes to contract a valid marriage in the future. The second wife could also file a petition for declaration of nullity of her marriage to the husband to sever any confusion about her status.Exercise Caution in Processing SSS or Other Government Benefits
- The second wife, if designated as a beneficiary, may face challenges if the validity of the marriage is questioned.
- If the first wife emerges and presents proof of a valid, subsisting marriage, the first wife’s claim to the SSS benefits will supersede the second wife’s claim.
Consult a Lawyer
The intricacies of bigamy, nullity, annulment, and pension claims are best navigated with professional legal advice. A licensed Philippine attorney can assess your specific case, help gather evidence, and represent your interests in court or in administrative agencies.
IX. Frequently Asked Questions
Will an unregistered marriage abroad affect Philippine records?
Yes. If the marriage is not reported, it may not appear on Philippine government databases. However, if the marriage is validly celebrated under foreign law, it is typically recognized under Philippine law, subject to compliance with certain requirements of comity and the Family Code.What if the second marriage was entered in good faith?
If the second wife had no knowledge of the first marriage, she might not be criminally liable for bigamy, but the marriage can still be declared void. Good faith may entitle the innocent party to certain property claims under co-ownership.Can the second wife receive any share of the estate if the husband dies?
If the marriage is void, she is not considered a legal heir. However, any illegitimate children born out of this union would have the right to a portion of the father’s estate. The second wife may claim for property she directly contributed to acquiring, under the rules of co-ownership or under Articles 147 or 148 of the Family Code.Is the first wife’s new marriage valid if she obtained a CENOMAR?
No. If her first marriage was never terminated, any subsequent marriage is similarly void. The CENOMAR’s inaccuracy or incompleteness does not dissolve the first marriage.Who decides if the second wife can claim SSS benefits?
Ultimately, the SSS or the courts will require evidence of a valid marriage. If the second marriage is void, the second wife is not considered a legal spouse for SSS purposes.
X. Conclusion
In the Philippines, marital status is of utmost importance in determining a person’s eligibility for spousal benefits, distribution of properties, and the validity of second or subsequent marriages. An existing, valid marriage prevents a person from contracting a new one, rendering any subsequent marriage void ab initio unless very specific conditions (like presumptive death declarations) are met. A CENOMAR can be misleading when certain details—particularly foreign marriages—are not recorded in Philippine registries.
Where a husband’s first marriage remains valid and undissolved, his subsequent marriage will generally hold no legal effect. In such a scenario, the rightful SSS benefits and pensions upon his death would typically be vested in the first wife or any legitimate children. The second wife may face complex legal challenges and must consider remedies such as seeking a declaration of nullity of marriage, inquiring about annulment or nullity of the first marriage, or clarifying the co-ownership of any properties acquired during the void union.
Individuals entangled in such marital controversies are urged to consult an attorney well-versed in family law. Legal counsel ensures that they understand their rights, responsibilities, and possible courses of action. It is crucial for all parties to recognize the severe repercussions of contracting a second marriage without first lawfully dissolving the initial union. By proactively addressing these legal issues, the parties involved can prevent future complications, particularly in claiming pensions, insurance, and other spousal benefits.
In conclusion, the scenario of being a “second wife,” especially where the first spouse might still be legally married or might have contracted another possibly void marriage abroad, is fraught with legal ramifications in the Philippines. A thorough examination of the circumstances, guided by expert legal counsel, is paramount for protecting one’s rights and clarifying obligations. The best first step is gathering all relevant documents, verifying the marital records (both local and overseas), and seeking comprehensive legal guidance to navigate the complexities of family law and social security benefits.
This article aims to provide an extensive overview of the laws and regulations involved. However, no two cases are exactly alike. For specific legal concerns, it is recommended to consult with a qualified lawyer who can tailor legal strategies to the unique facts of each situation.