Question: Can I file a case against my husband who married someone else even if we are not yet annulled?

Answer:

Yes, you can file a case against your husband for committing bigamy if he marries another person while your marriage is still legally recognized. Under Article 349 of the Revised Penal Code of the Philippines, bigamy is punishable by imprisonment and other penalties. The law explicitly states that marrying another person while one's previous marriage is still subsisting is a criminal offense.

What are the elements of Bigamy?

To successfully prosecute your husband for bigamy, you must establish the following elements:

The offender is legally married.
The marriage has not been legally dissolved or annulled.
The offender contracts a second or subsequent marriage.
The second or subsequent marriage has all the essential requisites for validity.

What evidence do I need?

You will need substantial evidence, such as marriage certificates and witness testimonies, to prove both marriages' existence. The validity of both marriages should be established for the case to proceed.

What are the possible penalties?

Upon conviction, your husband may face imprisonment ranging from 6 years and 1 day to 12 years, depending on the circumstances. There may also be additional civil liabilities attached to the conviction.

Can I file for annulment or legal separation simultaneously?

Yes, the filing of a bigamy case does not preclude you from pursuing an annulment or legal separation. In some instances, the bigamy conviction can be used as strong evidence in your annulment case to prove psychological incapacity or other grounds.

What if my husband argues that he believed our marriage was void?

A defense commonly raised in bigamy cases is the 'good faith' or 'belief' that the first marriage was void. However, this is not an automatic defense. Your husband would have to demonstrate due diligence in ascertaining the status of the first marriage before entering the second one. Mere belief without any concrete action to verify the marital status may not suffice.

Filing a case for bigamy is a serious legal matter. It is advised to consult a qualified family lawyer to help you navigate the intricacies of the law and to ensure that your rights are adequately protected.