Bigamy Elements Philippines

What Constitutes Bigamy

Bigamy is a criminal offense under Philippine law, specifically outlined under Article 349 of the Revised Penal Code. It occurs when a person contracts 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 judicial decree.

Essential Elements of Bigamy

To establish a case for bigamy, the following elements must be present:

First Marriage: The accused must be legally married, and the first marriage has not been annulled or dissolved.
Second Marriage: The accused contracted a subsequent marriage while the first is still subsisting.
Knowledge of First Marriage: The accused must be aware that the first marriage has not yet been dissolved, or that no judicial declaration has been made regarding the presumptive death of the absent spouse.
Lack of Judicial Declaration: The accused contracted the second marriage without obtaining a judicial declaration of nullity or annulment of the first marriage or a judicial declaration of presumptive death of the absent spouse.

Legal Consequences

The penalties for bigamy are severe, with imprisonment ranging from prision mayor to reclusion temporal (6 years and 1 day to 20 years). Additionally, the guilty party may also be ordered to pay moral and exemplary damages to the offended spouse.

Defenses against Bigamy Charges

There are several defenses against bigamy:

Lack of Capacity: The accused may argue that they were not legally capable of marrying at the time of the first or second marriage.
Good Faith: Another defense could be that the accused genuinely believed that the first marriage was null and void, or that the first spouse was already dead.
Foreign Divorce: If the first marriage was dissolved through a foreign divorce that is recognized in the Philippines, it could serve as a defense.
Judicial Declaration: The accused may defend themselves by showing that there was a judicial declaration of nullity, annulment, or presumptive death prior to the second marriage.

Conclusion

Bigamy is a serious criminal offense that carries substantial legal penalties. A case for bigamy is established through the presence of specific elements as set forth in the Revised Penal Code. The accused can defend themselves by providing evidence that negates one or more of these elements, or that otherwise proves their lack of criminal intent. Legal advice should be sought immediately if facing charges for bigamy.