Letter to a Lawyer

Dear Attorney,

Good day! I would like to seek your legal guidance on a matter regarding the validity of my marriage. I recently got married, but I later discovered that my spouse had already been previously married to another person. My concern now is whether our marriage is considered valid or void under Philippine law, given this situation. I understand that there might be legal implications, and I would like to clarify what steps I need to take moving forward.

Hoping for your expert advice. Thank you.

Sincerely,

A Concerned Spouse

Understanding the Validity of Subsequent Marriages Under Philippine Law: A Comprehensive Legal Discussion

I. Introduction: Marriages and the Concept of Validity in Philippine Law

Marriage is a special contract of permanent union under the Family Code of the Philippines, which imposes obligations on both parties as well as legal consequences that extend to issues like property relations, inheritance, and legitimacy of children. The question of whether a marriage is valid or void from the beginning (void ab initio) depends on various legal requirements. One such requirement is the capacity of both parties to marry. In cases where one of the spouses is already married at the time of the second marriage, the validity of the subsequent marriage is seriously called into question.

In the situation presented, where a person marries another individual who has been previously married, the second marriage typically falls under the category of “bigamous” marriages, which have specific legal consequences. This article aims to thoroughly explore the legal aspects of such a marriage and its implications under Philippine law, particularly under the Family Code of the Philippines.

II. The Legal Framework: Family Code of the Philippines

The Family Code of the Philippines, particularly under its provisions on marriages, clearly outlines the requisites for a valid marriage. Among the essential requisites are the legal capacity of both parties who intend to marry and their mutual consent freely given during the solemnization of marriage. For legal capacity, Article 5 of the Family Code specifically requires that both parties be free from any legal impediment to marry each other. One of the clearest legal impediments is the existence of a prior, still-valid marriage.

Under Article 35 of the Family Code, a marriage is void ab initio (from the very beginning) in certain circumstances. One such ground for declaring a marriage void is when it is bigamous or polygamous. Article 35(4) specifically states that:

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

III. What Constitutes a Bigamous Marriage?

In Philippine law, a bigamous marriage occurs when a person, still legally married to another, enters into a second marriage without the prior marriage having been annulled or declared null and void. The law prescribes specific consequences for such a marriage, which will be explored in detail.

Definition of Bigamy: Bigamy arises when one of the parties to a marriage is still validly married to another person, with that marriage still subsisting. It becomes a criminal offense under Article 349 of the Revised Penal Code, which penalizes any person who contracts a second or subsequent marriage before the previous marriage has been legally dissolved or before the absent spouse has been judicially declared presumptively dead.
The Legal Effect of Bigamous Marriages: A marriage contracted by someone who is already married is void ab initio under the Family Code. This means that the second marriage has no legal effect and is treated as if it never existed. The nullity of the marriage is absolute, meaning no legal rights or obligations arise from such a union, including those related to property relations, spousal support, or inheritance rights.

IV. Exceptions Under Article 41: Declaration of Presumptive Death

An important exception to the rule on bigamy arises under Article 41 of the Family Code, which allows for a second marriage to be considered valid in very limited circumstances. Article 41 provides that a second marriage may be entered into if the spouse of the first marriage has been absent for four consecutive years (or two years if there is a danger of death, such as in cases of shipwreck or armed conflict) and the present spouse has a well-founded belief that the absent spouse is already dead. However, before contracting the second marriage, the present spouse must secure a judicial declaration of presumptive death of the absent spouse.

In this context, the second marriage entered into after obtaining a judicial declaration of presumptive death is deemed valid unless the absent spouse reappears. In such a case, the second marriage is terminated by the reappearance of the absent spouse.

V. Remedies and Legal Actions: Annulment vs. Declaration of Nullity

When dealing with bigamous marriages, one of the important questions that arise is the appropriate legal remedy. Should the affected spouse file for an annulment or a declaration of nullity of marriage?

Annulment: Annulment is not applicable in cases of bigamous marriages. Annulment presupposes that the marriage is valid until annulled, and that the grounds for annulment occurred after the marriage. Since a bigamous marriage is void ab initio, annulment is not the proper remedy.
Declaration of Nullity: For a bigamous marriage, the appropriate remedy is a declaration of nullity under the Family Code. A petition for the declaration of nullity of marriage is filed with the Regional Trial Court (Family Court) in order to obtain a judicial declaration that the marriage was void from the beginning.

In the case of bigamous marriages, the declaration of nullity confirms that the second marriage never had any legal existence. This legal action is crucial in order to establish the legal status of the parties, especially in matters involving property, custody, and the legitimacy of any children born during the void marriage.

VI. Criminal Implications: Bigamy as a Crime

Aside from the civil consequences of a void marriage, bigamy is also a criminal offense under Philippine law. As mentioned, Article 349 of the Revised Penal Code penalizes bigamy with a penalty of prision mayor, which is imprisonment ranging from six years and one day to twelve years. The elements of bigamy as a criminal offense are:

The offender has been legally married.
The first marriage has not been legally dissolved, or the spouse has not been judicially declared presumptively dead.
The offender contracts a second or subsequent marriage.
The second or subsequent marriage has all the essential requisites for validity (i.e., the marriage would have been valid if not for the existence of the first marriage).

The crime of bigamy is prosecuted upon complaint of an interested party, usually the first spouse. It is important to note that even if the second marriage is declared void, the offending spouse may still be held criminally liable for bigamy.

VII. Rights and Status of Children Born of a Void Marriage

One of the most important concerns for individuals involved in a void marriage is the status and rights of children born of that union. Under Philippine law, children born of a void marriage are considered illegitimate. However, under Article 54 of the Family Code, children conceived or born before the judgment of annulment or declaration of nullity of the marriage shall be considered legitimate.

In bigamous marriages, since the marriage is void ab initio, children are generally classified as illegitimate, except in the instance where a declaration of presumptive death was judicially secured, and the second marriage was validly contracted under Article 41 of the Family Code. The distinction between legitimate and illegitimate children affects inheritance rights, parental authority, and the use of the father’s surname.

VIII. Property Relations in Bigamous Marriages

The property relations in bigamous marriages are equally complex. Since a bigamous marriage is void, the property relations between the parties are governed not by the rules on conjugal property or absolute community of property, but by the rules on co-ownership.

Under a void marriage, the parties do not acquire property as legal spouses, and therefore, any property acquired during the supposed marriage is considered as co-owned. Each party is entitled to their proportionate share of the property based on their respective contributions. In cases where one party is in bad faith, the party in good faith may be entitled to a larger share of the property.

IX. Conclusion: Navigating Legal and Personal Consequences

In summary, the marriage in question is likely void ab initio due to the legal impediment of a prior, subsisting marriage. This conclusion is based on the provisions of the Family Code of the Philippines and the Revised Penal Code concerning bigamous marriages. A declaration of nullity of marriage is the proper civil remedy, while criminal liability for bigamy may also arise if the spouse’s first marriage was still in effect when the second marriage occurred. Moreover, issues concerning the legitimacy of children and property rights must be carefully addressed within the legal framework governing void marriages.

For individuals in similar circumstances, it is important to seek proper legal advice and take timely action to clarify their legal status and protect their rights. The intricacies of family law, particularly in cases of void marriages, require meticulous legal guidance to navigate both the civil and criminal aspects of the situation.