Bigamy in the Philippines: What to Do If Your Spouse Was Already Married

Introduction

In the Philippines, marriage is a sacred institution governed by strict laws that emphasize monogamy and the sanctity of the family unit. Bigamy, the act of entering into a second marriage while the first remains valid and subsisting, is a serious criminal offense that undermines these principles. This legal article explores the concept of bigamy within the Philippine legal framework, its elements, penalties, and the practical steps an individual should take upon discovering that their spouse was already married at the time of their union. Drawing from the Revised Penal Code, the Family Code, and relevant jurisprudence, this discussion aims to provide a comprehensive guide for affected parties, highlighting both criminal and civil remedies available under Philippine law.

Definition and Legal Basis of Bigamy

Bigamy is defined under Article 349 of the Revised Penal Code (RPC) as the contracting of 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 court of competent jurisdiction. This provision criminalizes the act, making it punishable as a felony.

The legal foundation for prohibiting bigamy stems from the Philippine Constitution, which recognizes the family as the basic unit of society and mandates the State to protect the institution of marriage. The Family Code of the Philippines (Executive Order No. 209, as amended) further reinforces this by declaring bigamous marriages void from the beginning under Article 35(4), which states that marriages contracted by any party during the subsistence of a previous marriage are null and void, except in cases covered by Article 41 (presumptive death of a spouse after four years of absence under ordinary circumstances or two years under extraordinary circumstances).

Jurisprudence from the Supreme Court, such as in cases like People v. Mendoza (1954) and Mercado v. Tan (2002), has consistently upheld that bigamy requires the existence of a valid prior marriage and the intentional entry into a second one without proper dissolution. Notably, even if the second marriage is celebrated abroad, Philippine courts may still prosecute if the offender is a Filipino citizen, as per the nationality principle in criminal law (Article 2 of the RPC).

Elements of the Crime of Bigamy

To establish bigamy as a criminal offense, the prosecution must prove the following elements beyond reasonable doubt:

Existence of a Valid First Marriage: The initial marriage must be legally valid and celebrated in accordance with Philippine law or recognized foreign laws if applicable. This includes compliance with essential requisites (legal capacity and consent) and formal requisites (authority of the solemnizing officer, marriage license, and ceremony).
Subsistence of the First Marriage: The prior marriage must not have been legally terminated at the time of the second marriage. Termination can occur through death, annulment, declaration of nullity, or a judicial declaration of presumptive death. Mere physical separation, legal separation (which does not dissolve the marriage bond under Article 63 of the Family Code), or de facto separation does not suffice.
Contracting a Second Marriage: The accused must have entered into a subsequent marriage that appears valid on its face, complete with a marriage ceremony and license. The second marriage need not be consummated; the mere celebration is sufficient.
Knowledge or Intent: While good faith is not a defense in bigamy (as it is a mala prohibita offense), the accused must have the criminal intent to contract the second marriage knowing the first subsists. However, ignorance of the law or mistaken belief in the dissolution of the first marriage does not excuse liability.

If any element is missing—such as if the first marriage was void—the charge of bigamy fails, but other offenses like illegal marriage (Article 350, RPC) or concubinage/adultery (Articles 333-334, RPC) might apply.

Penalties for Bigamy

Upon conviction, the penalty for bigamy under Article 349 of the RPC is prisión mayor, which ranges from six years and one day to twelve years of imprisonment. The court may impose the medium period (eight years and one day to ten years) unless aggravating or mitigating circumstances are present, such as voluntary surrender (mitigating) or abuse of public position (aggravating).

Accessory penalties include perpetual absolute disqualification from holding public office and deprivation of civil rights during imprisonment. In addition to criminal sanctions, the bigamous spouse may face civil liabilities, such as damages for moral and exemplary harm to the innocent party.

The prescription period for bigamy is 15 years from the date of discovery (Article 90, RPC), allowing complaints to be filed long after the act if the offense was concealed.

Discovering Bigamy: Initial Steps and Evidence Gathering

Upon suspecting or confirming that your spouse was already married, it is crucial to act promptly and methodically to protect your rights. Bigamy often comes to light through discrepancies in documents, statements from relatives, or official records. Here are the initial steps:

Verify the Facts: Obtain certified copies of marriage certificates from the Philippine Statistics Authority (PSA) or the local civil registrar where the marriages were registered. Check for annotations indicating annulment or nullity. If the first marriage was abroad, request verification from the Department of Foreign Affairs (DFA) or the relevant embassy.
Gather Supporting Evidence: Collect affidavits from witnesses, photographs, correspondence, or other documents proving the subsistence of the first marriage and the celebration of the second. Digital evidence, such as social media posts or emails, may also be admissible under the Rules on Electronic Evidence.
Consult a Lawyer: Engage a family law attorney experienced in matrimonial cases. They can advise on confidentiality, potential counterclaims (e.g., if the bigamous spouse accuses you of knowing about the prior marriage), and the interplay between criminal and civil proceedings.
Protect Personal Safety and Assets: If the discovery leads to conflict, consider filing for a protection order under Republic Act No. 9262 (Anti-Violence Against Women and Their Children Act) if applicable. Secure joint properties and financial records to prevent dissipation.

Do not confront the spouse immediately if it could lead to evidence tampering or personal risk; instead, prioritize legal documentation.

Legal Remedies: Criminal Prosecution

The primary criminal remedy is filing a complaint for bigamy:

File a Complaint-Affidavit: Submit this to the Office of the City or Provincial Prosecutor in the jurisdiction where the second marriage was celebrated or where the offender resides. The complaint must detail the elements of the crime and attach evidence.
Preliminary Investigation: The prosecutor conducts an investigation, allowing the accused to file a counter-affidavit. If probable cause is found, an information is filed in the Regional Trial Court (RTC).
Trial and Judgment: The case proceeds to trial, where the prosecution bears the burden of proof. Acquittal may occur if the first marriage is proven void, but conviction leads to imprisonment.

Note that only the offended spouse (from the first or second marriage) can initiate the complaint, as bigamy is a private crime under Article 344 of the RPC. However, if the offended spouse is incompetent or deceased, relatives may file. Pardon or condonation by the offended spouse extinguishes criminal liability.

Legal Remedies: Civil Actions

Parallel to criminal proceedings, pursue civil remedies to address the invalid marriage:

Petition for Declaration of Nullity: File this in the RTC of your residence under Article 35(4) of the Family Code. The petition must prove the bigamous nature, leading to a court declaration that the marriage is void ab initio. This restores single status and affects property relations (absolute community or conjugal partnership is terminated, with liquidation favoring the innocent spouse).
Annulment if Applicable: If grounds like psychological incapacity (Article 36) coexist, annulment may be sought, but nullity is more straightforward for bigamy.
Support and Custody: The innocent spouse may claim support pendente lite (during litigation) under Article 198 of the Family Code. Children born of the bigamous marriage are considered legitimate if conceived in good faith (Article 164), entitling them to support, inheritance, and custody preferences for the mother if under seven years old (Article 213).
Damages: Sue for moral, exemplary, and actual damages in a separate civil action or integrated into the nullity petition.

The Supreme Court in Toring v. Toring (2010) emphasized that a criminal conviction for bigamy is not a prerequisite for declaring the marriage null, allowing civil actions to proceed independently.

Consequences for the Parties Involved

For the Bigamous Spouse: Criminal conviction, potential disbarment if a professional (e.g., lawyers under the Code of Professional Responsibility), and loss of parental authority if unfit.
For the Innocent Spouse: Emotional and financial distress, but legal protections include property rights (innocent spouse gets a larger share in liquidation under Article 147 or 148 for cohabitation regimes) and priority in custody.
For the First Spouse: They may join as a complainant and seek damages.
For Children: Legitimacy is preserved if the second marriage was in good faith; otherwise, they are illegitimate but still entitled to support.

Third parties, like the solemnizing officer, may face liability for illegal marriage if aware of the bigamy.

Prevention and Legal Safeguards

To avoid bigamy scenarios:

Conduct due diligence before marriage, including PSA checks for Civil Registry records.
Ensure compliance with marriage license requirements, which include affidavits of no legal impediment.
For remarriages, obtain a court decree of annulment/nullity or presumptive death.

Republic Act No. 10655 (2015) decriminalized premature marriages but did not affect bigamy laws. Ongoing legislative proposals aim to introduce absolute divorce, which could reduce bigamy incidents by providing easier dissolution options, but as of now, annulment and nullity remain the primary means.

Conclusion

Bigamy in the Philippines is not merely a personal betrayal but a grave violation of law that carries severe criminal and civil repercussions. If you discover your spouse was already married, swift action through evidence gathering, criminal complaints, and civil petitions is essential to safeguard your rights and achieve justice. While the process can be arduous, the legal system provides robust mechanisms for redress, ensuring the protection of innocent parties and the integrity of marriage. Consulting legal professionals early is key to navigating this complex terrain effectively.