Bigamy and Remedies
Defining Bigamy
Bigamy is the act of contracting a second or subsequent marriage while a lawful marriage still exists. In the Philippines, it is a criminal offense punishable under Article 349 of the Revised Penal Code. The law states that a person who contracts a second or subsequent marriage during the subsistence of a valid marriage is guilty of bigamy.
Legal Remedies for the Aggrieved Spouse
Annulment of Second Marriage: One of the primary remedies is to file for the annulment of the second marriage. This would render the second marriage null and void from the very beginning.
Criminal Case for Bigamy: Apart from civil remedies like annulment, the aggrieved spouse has the option to file a criminal case against the spouse who contracted the second marriage. Conviction of bigamy can lead to imprisonment.
Legal Separation: While this does not nullify the marriage, it allows the spouses to live separately and terminates conjugal property rights.
Evidence Required
Marriage Certificates: Authentic copies of marriage certificates proving both marriages are crucial.
Witness Testimonies: These can provide additional evidence to prove the second marriage.
Documentary Evidence: Any text messages, emails, or other documents that can provide proof of the second marriage.
Process and Procedure
Gathering Evidence: The first step in taking legal action is gathering all the evidence, such as the marriage certificate of the first and the second marriage.
Legal Counsel: Consult with a competent lawyer who specializes in family law to guide you through the legal intricacies.
Filing the Case: Once all documents are in place, a petition for annulment or a criminal complaint for bigamy can be filed.
Court Proceedings: After the case is filed, court proceedings will begin, which will include presentation of evidence, cross-examinations, and legal arguments.
Judgment: Once the court is satisfied that bigamy has been committed, a judgment will be issued which could include penalties such as imprisonment for the guilty party.
Conclusion
Bigamy is a serious offense with both civil and criminal implications. Understanding the legal avenues available is crucial for aggrieved parties seeking justice.