Bigamy Law in the Philippines: A Comprehensive Legal Overview

Introduction

In the Philippine legal system, bigamy stands as a significant criminal offense rooted in the country's strong emphasis on the sanctity of marriage and family as foundational institutions of society. Governed primarily by the Revised Penal Code (RPC) of 1930, as amended, bigamy reflects the Philippines' unique position as one of the few nations globally—alongside the Vatican—where absolute divorce remains unrecognized for the general population. This absence of divorce heightens the relevance of bigamy laws, as individuals seeking to remarry without proper legal dissolution of prior unions often fall afoul of these provisions.

The Philippine Constitution (1987) underscores the inviolability of marriage under Article XV, Section 2, declaring it a social institution protected by the State. This constitutional mandate informs the criminalization of bigamy, which is seen as a direct assault on marital fidelity and public order. Over the years, jurisprudence from the Supreme Court and lower courts has refined the application of bigamy laws, addressing nuances such as good faith, foreign divorces, and the interplay with civil family laws. This article explores the definition, elements, penalties, defenses, procedural aspects, related laws, and notable case law surrounding bigamy in the Philippine context, providing a thorough examination for legal practitioners, scholars, and the public.

Definition and Legal Basis

Bigamy is explicitly defined and penalized under Article 349 of the Revised Penal Code (Act No. 3815, as amended):

"The penalty of prision mayor shall be imposed upon any person who shall contract 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."

This provision criminalizes the act of entering into a polygamous marriage without terminating the prior one through legally recognized means. It is a public crime (delito publico), prosecutable by the State regardless of the offended party's consent or complaint, emphasizing its impact on societal morals rather than merely private harm.

The law distinguishes bigamy from related concepts:

Concubinage and Adultery (Articles 333-334, RPC): These pertain to extramarital sexual relations without a subsequent marriage.
Illegal Marriages (Article 350, RPC): Covers marriages performed without legal authority or in violation of formal requisites, which may overlap with bigamy if a void marriage is contracted.
Polygamy: While bigamy typically involves two marriages, the law's language ("second or subsequent") encompasses polygamy broadly.

For Muslim Filipinos, the Code of Muslim Personal Laws (Presidential Decree No. 1083) allows polygamy under specific conditions (up to four wives, with strict requirements for justice and consent), but this is an exception limited to adherents of Islam and does not apply to the general population. Attempts to contract multiple marriages outside this framework still constitute bigamy.

Elements of the Crime

To establish bigamy, the prosecution must prove the following elements beyond reasonable doubt, as outlined in landmark cases like People v. Aragon (G.R. No. L-5930, 1954):

Existence of a Prior Valid Marriage: The offender must have been legally married. This marriage must possess all essential and formal requisites under the Family Code (Executive Order No. 209, as amended), such as legal capacity, consent, authority of the solemnizing officer, marriage license, and ceremony.
Non-Dissolution of the Prior Marriage: The first marriage must not have been legally dissolved. In the Philippines, dissolution options are limited:
- Annulment (Articles 45-54, Family Code): Declares the marriage void ab initio due to grounds like psychological incapacity, fraud, or lack of consent.
- Declaration of Nullity (Articles 35-44, Family Code): For inherently void marriages, e.g., those involving minors without parental consent or bigamous unions themselves.
- Legal Separation (Articles 55-67, Family Code): Allows separation a mensa et thoro (from bed and board) but does not dissolve the marital bond, thus not permitting remarriage.
- Presumptive Death (Article 41, Family Code): Requires a court declaration after four years of absence (or two years under extraordinary circumstances) for the present spouse to remarry.
- Foreign divorces obtained by Filipino citizens are generally invalid under Article 15 of the Civil Code (nationality principle), unless the divorce was initiated by a foreign spouse (as per Republic v. Manalo, G.R. No. 221029, 2018).
Contraction of a Second or Subsequent Marriage: The offender must enter into another marriage ceremony that would be valid if not for the subsisting prior marriage.
Validity of the Second Marriage: The subsequent marriage must have all requisites for validity except for the bigamous nature. If the second marriage is void for other reasons (e.g., no license), bigamy may not apply, potentially shifting to illegal marriage charges.

These elements must concur, and the crime is consummated upon the celebration of the second marriage, regardless of cohabitation or consummation.

Penalties and Aggravating/Mitigating Circumstances

The standard penalty for bigamy is prision mayor (6 years and 1 day to 12 years imprisonment). Under the Indeterminate Sentence Law (Act No. 4103, as amended), sentences are typically imposed with a minimum and maximum term, allowing for parole eligibility.

Aggravating Circumstances (Article 14, RPC): May increase the penalty, e.g., if committed with abuse of public position (a public official marrying again) or in contempt of authority.
Mitigating Circumstances (Article 13, RPC): Could reduce the penalty, such as voluntary surrender or lack of intent to cause harm, though intent is not an element (bigamy is mala in se but strict in application).
Civil Consequences: The second marriage is void ab initio (Article 40, Family Code), affecting property regimes, legitimacy of children (who are considered legitimate if conceived in good faith), and support obligations.
Accessory Penalties: Perpetual disqualification from public office or profession if applicable (Article 349 does not specify, but general RPC rules apply.

In practice, courts may suspend sentences for first-time offenders under Probation Law (PD 968, as amended) if the maximum term is not exceeding 6 years, though this is discretionary.

Defenses and Exculpatory Circumstances

Defenses in bigamy cases often factual or based on legal presumptions:

Good Faith Belief in Dissolution: If the accused reasonably believed the first marriage was dissolved (e.g., due to erroneous legal advice), this may negate criminal intent, as in People v. Schneckenburger (G.R. No. L-19162, 1963). However, ignorance of the law is no excuse (Article 3, RPC).
Void First Marriage: If the prior marriage is judicially declared null and void, retroactive effect may absolve, but the declaration must precede the second marriage ( Domingo v. Court of Appeals, G.R. No. 104818, 1993). A common pitfall is remarrying after filing for annulment but before finality.
Foreign Divorce Recognition: Per Republic v. Orbecido III (G.R. No. 154380, 2005) and Manalo, Filipino citizens can recognize foreign divorces if the alien spouse initiated it, allowing remarriage without bigamy charges.
Presumptive Death: A court judgment is mandatory; mere absence does not suffice.
Prescription: The crime prescribes in 15 years (Article 90, RPC), starting from discovery by the offended party or authorities.
Pardon by the Offended Spouse: Unlike adultery, bigamy cannot be pardoned privately; it requires State action.

Procedural Aspects

Jurisdiction: Regional Trial Courts (RTC) have original jurisdiction, as the penalty exceeds 6 years.
Who Can Prosecute: The offended spouse, ascendants, or descendants, or the State (Fiscal's Office). The complaint must be sworn (Rule 110, Revised Rules of Criminal Procedure).
Evidence: Marriage certificates, witness testimonies, and court records are key. The Supreme Court in Mercado v. Tan (G.R. No. 137110, 2002) ruled that a second marriage certificate is prima facie evidence.
Concurrent Civil Actions: Bigamy often triggers civil suits for nullity of marriage, damages, or custody.

Related Laws and Intersections

Family Code (1987): Governs marriage validity; Article 40 mandates judicial declaration for remarriage.
Anti-Violence Against Women and Their Children Act (RA 9262): Bigamy may constitute economic or psychological abuse if it harms the family.
Child Protection: Legitimacy and support for children from bigamous unions (Articles 165-176, Family Code).
Muslim Code (PD 1083): Permits limited polygamy for Muslims.
Immigration and Citizenship: Bigamy can lead to denaturalization or visa denials.
Proposed Reforms: Bills for absolute divorce (e.g., House Bill No. 9349, "Absolute Divorce Act") have been filed repeatedly, potentially reducing bigamy cases if enacted, but face opposition from the Catholic Church and conservative groups.

Notable Jurisprudence

People v. Nepomuceno (G.R. No. L-40624, 1935): Established that bigamy is committed even if the second marriage is unaware.
Tsoi v. Court of Appeals (G.R. No. 119190, 1997): While on annulment incapacity, it illustrates grounds to avoid bigamy.
Corpus v. Sto. Tomas (G.R. No. 186571, 2010): Clarified recognition of foreign divorces for Filipinos married to foreigners.
Recent trends: Courts strictly enforce, with cases involving overseas Filipinos and online marriages increasing.

Conclusion

Bigamy law in the Philippines remains a robust mechanism to safeguard marital integrity amid the absence of divorce, reflecting cultural and religious influences. Its enforcement underscores the need for legal diligence in marital matters. As societal views shift toward liberalizing family laws, potential reforms could reshape this landscape, but until then, awareness of bigamy's elements, penalties, and defenses is essential to navigate the complex intersection of criminal and civil obligations. Legal advice from a barred attorney is advised for specific situations, as jurisprudence evolves.