Introduction

Bigamy, the act of entering into a second marriage while a prior marriage remains valid and subsisting, is a serious offense in the Philippines. Rooted in the country's strong emphasis on the sanctity of marriage as a social institution, bigamy is criminalized to protect family integrity and prevent deceit in marital relations. Under Philippine law, marriage is considered a special contract of permanent union between a man and a woman, governed by the Family Code and the Revised Penal Code. This article provides a comprehensive overview of bigamy in the Philippine context, including its legal definition, elements, criminal prosecution, civil remedies, procedural steps for filing cases, potential defenses, consequences, and related legal considerations. It is essential to note that while this discussion is based on established Philippine jurisprudence and statutes, consulting a licensed attorney for personalized advice is recommended, as individual circumstances may vary.

Legal Definition and Elements of Bigamy

Bigamy is defined under Article 349 of the Revised Penal Code (RPC) as the act of contracting a second or subsequent marriage before the former marriage has been legally dissolved, or before the absent spouse has been declared presumptively dead by a judgment rendered in the proper proceedings. The crime is committed regardless of whether the second marriage is celebrated in the Philippines or abroad, as long as it affects a Filipino citizen or occurs within Philippine jurisdiction.

To establish bigamy, the prosecution must prove the following essential elements beyond reasonable doubt:

Existence of a Prior Valid Marriage: The accused must have been legally married to another person at the time of the second marriage. This marriage must not have been annulled, declared null and void, or dissolved by death or legal separation (note that legal separation does not dissolve the marriage bond; it only allows spouses to live separately).
Subsistence of the Prior Marriage: The first marriage must still be valid and undissolved when the second marriage is contracted. If the first spouse is absent and presumed dead under Article 41 of the Family Code (after four years of continuous absence under extraordinary circumstances or two years under ordinary circumstances, with a court declaration), bigamy may not apply.
Contracting a Second Marriage: The accused enters into a subsequent marriage that would have been valid had the first marriage not existed. This includes civil or religious ceremonies that comply with formal requisites under the Family Code (e.g., marriage license, solemnizing officer).
Knowledge or Intent: While good faith (e.g., belief that the first marriage was invalid) can be a defense, the act itself is mala prohibita, meaning intent to commit the crime is presumed from the act, but lack of criminal intent due to mistake of fact may exonerate.

Jurisprudence, such as in the case of People v. Schneckenburger (G.R. No. L-48183, 1941), emphasizes that the second marriage must be valid in form to constitute bigamy. However, under modern rulings like Mercado v. Tan (G.R. No. 137110, 2000), even if the second marriage is void for lack of a marriage license, bigamy can still be charged if the other elements are met, though this has been nuanced in subsequent cases.

Bigamy applies to both men and women, and it is distinct from concubinage or adultery, which are crimes against chastity under Articles 333 and 334 of the RPC. Foreigners marrying Filipinos may also be liable if the act occurs in the Philippines.

Criminal Aspects: Nature and Penalties

Bigamy is a public crime, meaning it can be prosecuted by the state even without a complaint from the offended party, though typically initiated by the aggrieved spouse. The penalty under Article 349 of the RPC is prisión mayor, which ranges from six years and one day to twelve years of imprisonment. If aggravating circumstances are present (e.g., abuse of public position), the penalty may be increased.

The prescriptive period for bigamy is 15 years from the date of discovery, as it is punishable by an afflictive penalty (Article 90, RPC). Discovery often occurs when the second marriage is registered or becomes public knowledge.

In cases involving Muslims or indigenous peoples, the Code of Muslim Personal Laws (Presidential Decree No. 1083) allows polygamy under certain conditions, but this does not apply to non-Muslims. For non-Muslims, bigamy remains absolute.

Filing a Criminal Case for Bigamy

To file a criminal complaint for bigamy, follow these steps:

Gather Evidence: Collect documents proving the elements, such as:
- Marriage certificate of the first marriage from the Philippine Statistics Authority (PSA).
- Marriage certificate of the second marriage.
- Proof that the first marriage was not dissolved (e.g., no annulment decree, no death certificate).
- Witness affidavits, if available.
File a Complaint-Affidavit: The offended spouse (or any person with knowledge) files a sworn complaint-affidavit with the Office of the City or Provincial Prosecutor in the place where the second marriage was contracted or where the accused resides. Include all supporting documents.
Preliminary Investigation: The prosecutor conducts a preliminary investigation to determine probable cause. The accused is given an opportunity to file a counter-affidavit. If probable cause is found, the prosecutor files an information with the Regional Trial Court (RTC).
Arraignment and Trial: The accused is arraigned, pleads guilty or not guilty, and the case proceeds to trial. The prosecution presents evidence, followed by the defense.
Judgment: If convicted, the court imposes the penalty. Appeals can be made to the Court of Appeals and Supreme Court.

The offended spouse must file the complaint personally, as bigamy is one of the crimes where the pardon of the offended party extinguishes criminal liability (Article 344, RPC). If the offender is pardoned before the institution of the criminal action, prosecution may be barred.

Civil Aspects: Nullity of Marriage and Other Remedies

Bigamy renders the second marriage void ab initio (from the beginning) under Article 35(4) of the Family Code. This means it has no legal effect, and parties are treated as if never married. Civil cases can be filed concurrently or independently of criminal proceedings.

Filing for Declaration of Nullity of Marriage

Who Can File: The aggrieved spouse from the first marriage, the second spouse (if in good faith), or even the state through the Solicitor General in exceptional cases.
Venue and Jurisdiction: File a petition with the Family Court (or RTC designated as such) where either party resides.
Requirements:
- Petition outlining facts and grounds (bigamy as basis for nullity).
- Supporting documents: Marriage certificates, proof of bigamy.
- Psychological evaluation if needed (though not mandatory for bigamy grounds).
- Payment of filing fees.
Procedure:
- Service of summons to the respondent.
- Pre-trial conference.
- Trial where evidence is presented.
- Decision declaring the marriage null and void, with effects on property (absolute community or conjugal partnership liquidated), child custody, and support.

Under Article 40 of the Family Code, a judicial declaration of nullity is required before remarrying, even if the marriage is void.

Civil Damages and Other Actions

Damages: The aggrieved spouse can file a civil suit for moral and exemplary damages under Article 26 of the Family Code or Article 2219 of the Civil Code, claiming emotional distress, humiliation, or financial loss. This can be integrated into the nullity petition or filed separately in the RTC.
Property Relations: In the second marriage, if the second spouse was in good faith, they may be entitled to a share in acquired property as if in a co-ownership (Article 148, Family Code). If in bad faith, the bad-faith spouse forfeits their share.
Child Legitimacy: Children from the second marriage are considered legitimate if conceived before the nullity declaration (Article 54, Family Code), entitled to support and inheritance.
Administrative Actions: Report to the Civil Registrar for annotation of marriage certificates. Professional licenses (e.g., for lawyers or public officials) may be revoked if bigamy is proven, as it involves moral turpitude.

Step-by-Step Procedures for Filing Cases

Criminal Case Timeline

Day 1-30: Gather evidence and file complaint with prosecutor.
1-3 Months: Preliminary investigation.
6-12 Months: Trial in RTC.
1-2 Years: Appeals, if any.

Civil Case Timeline

Day 1-60: File petition for nullity.
3-6 Months: Pre-trial.
1-2 Years: Trial and decision.
Appeals similar to criminal.

Costs include filing fees (around PHP 5,000-20,000 for civil cases, variable for criminal), attorney's fees, and miscellaneous expenses.

Potential Defenses to Bigamy

Mistake of Fact: Genuine belief that the first spouse was dead or the marriage invalid (e.g., due to erroneous advice).
Presumptive Death: Valid court declaration under Article 41, Family Code.
Invalid First Marriage: If the first marriage was void (e.g., no capacity to marry), no bigamy.
Pardon by Offended Spouse: Express or implied condonation before filing.
Prescription: If more than 15 years from discovery.

Defenses must be proven during trial.

Consequences of Bigamy

Criminal: Imprisonment, fines, and civil interdiction (loss of parental authority).
Civil: Nullity of second marriage, property forfeiture for bad-faith party, potential loss of child custody.
Social and Professional: Stigma, disqualification from public office, or professional sanctions.
Immigration/International: May affect visa applications or extradition if committed abroad.

Related Laws and Considerations

Family Code (Executive Order No. 209): Governs marriage validity and nullity.
Revised Penal Code: Criminal provisions.
Anti-Violence Against Women and Their Children Act (RA 9262): Bigamy can be a form of psychological violence, allowing for protection orders.
Muslim Code (PD 1083): Exceptions for Muslims.
International Marriages: Governed by Article 26 of the Family Code; foreign divorces may not be recognized unless initiated by the alien spouse.
Recent Developments: Jurisprudence continues to evolve, with emphasis on protecting innocent parties and children. No absolute divorce exists in the Philippines, making bigamy more prevalent in cases of irreconcilable separations.

In summary, bigamy strikes at the core of Philippine family law, with robust criminal and civil mechanisms to address it. Victims are encouraged to seek legal counsel promptly to navigate these processes effectively and secure justice.