Introduction

Bigamy, as a criminal offense in the Philippines, represents a violation of the sanctity of marriage by entering into a subsequent marriage while a prior valid marriage remains undissolved. Rooted in the country's colonial history and influenced by Spanish civil law traditions, bigamy laws aim to protect the institution of marriage, family stability, and public morality. The Philippines, being one of the few countries without legal divorce (except for Muslims under specific codes), places significant emphasis on the permanence of marriage, making bigamy a serious crime. This article explores the legal framework, elements, penalties, defenses, procedural aspects, and related concepts surrounding bigamy in the Philippine context, drawing from the Revised Penal Code (RPC), the Family Code, and relevant jurisprudence.

Legal Definition and Basis

Bigamy is explicitly defined and penalized under Article 349 of the Revised Penal Code (Act No. 3815, as amended). The provision states: "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 means of a judgment rendered in the proper proceedings."

This definition underscores that bigamy occurs when an individual, already legally married, enters into another marriage without the prior union being annulled, declared null and void, or dissolved through legal means. The law presumes the validity of the first marriage unless proven otherwise, shifting the burden to the accused to demonstrate any legal termination.

The Family Code of the Philippines (Executive Order No. 209, as amended) complements the RPC by governing marriage validity. Under Article 1 of the Family Code, marriage is a special contract of permanent union between a man and a woman for establishing a conjugal and family life. Articles 2 to 4 outline the essential and formal requisites for a valid marriage, which are crucial in determining if a second marriage constitutes bigamy.

For Muslims, the Code of Muslim Personal Laws (Presidential Decree No. 1083) provides an exception, allowing polygamy under Islamic law for up to four wives, provided certain conditions like financial capability and just treatment are met. Thus, bigamy laws under the RPC primarily apply to non-Muslims or those not governed by Shari'a courts. Attempts by non-Muslims to invoke Muslim law defenses have been rejected by Philippine courts.

Elements of Bigamy

To establish the crime of bigamy, the prosecution must prove the following elements beyond reasonable doubt, as established in landmark cases like People v. Nepomuceno (G.R. No. L-40624, 1975) and Mercado v. Tan (G.R. No. 137110, 2000):

Legal Capacity to Contract Marriage: The accused must have been legally capable of entering into marriage at the time of the first union. This includes being of legal age (18 years or older) and free from impediments like insanity or prior undissolved marriages.
Subsistence of a Valid First Marriage: The initial marriage must be valid and subsisting. Validity is assessed based on the Family Code's requisites: authority of the solemnizing officer, valid marriage license (except in cases like marriages in articulo mortis), and a marriage ceremony with mutual consent.
Contracting a Second or Subsequent Marriage: The accused enters into another marriage ceremony that appears valid on its face. Even if the second marriage is later declared void, the act of contracting it while the first subsists constitutes bigamy (Tenebro v. Court of Appeals, G.R. No. 150758, 2004).
Validity of the Second Marriage: The second marriage must have all the essential and formal requisites for validity, except for the absence of a legal impediment from the first marriage. If the second "marriage" lacks these requisites (e.g., no ceremony), it may not qualify as bigamy but could fall under other offenses like illegal marriage.

These elements distinguish bigamy from related crimes such as concubinage (Article 334, RPC, for married men cohabiting with another woman) or adultery (Article 333, RPC, for married women engaging in sexual relations outside marriage).

Penalties and Punishments

The penalty for bigamy under Article 349 is prision mayor, which ranges from six (6) years and one (1) day to twelve (12) years of imprisonment. This is classified as a felony, and the exact duration depends on mitigating or aggravating circumstances under the RPC's general provisions (Articles 63-77).

Mitigating Circumstances: Factors like voluntary surrender or lack of intent to cause harm may reduce the penalty to the minimum period.
Aggravating Circumstances: If the bigamy involves deceit, abuse of authority, or recidivism, the penalty may be imposed in its maximum period.
Accessory Penalties: Conviction may include perpetual disqualification from holding public office, loss of parental authority, or civil interdiction (depriving the offender of rights like managing property).
Civil Consequences: The second marriage is automatically void ab initio (from the beginning) under Article 35(4) of the Family Code. Children from the second marriage are considered legitimate if conceived before the bigamy conviction, but property regimes may be affected, often leading to liquidation of conjugal properties.

In cases involving foreigners, the penalty applies if the crime is committed within Philippine territory (Article 2, RPC), and extradition may be pursued under treaties.

For public officials solemnizing bigamous marriages, additional penalties under Article 350 apply, including fines and imprisonment for illegal marriages.

Defenses and Exceptions

Defendants in bigamy cases may raise several defenses, though courts scrutinize them rigorously:

Legal Dissolution of First Marriage: Proof of annulment, nullity declaration, or divorce (for foreigners whose national laws allow it, as per Article 26 of the Family Code). Note that absolute divorce is not recognized for Filipino citizens, except in Muslim divorces under PD 1083.
Presumptive Death of Spouse: Under Article 41 of the Family Code, a spouse absent for four years (or two years in extraordinary circumstances) may be declared presumptively dead via court judgment. Mere belief in death without judicial declaration is insufficient (Republic v. Nolasco, G.R. No. 94053, 1993). Prior to the Family Code, the Civil Code allowed a seven-year absence presumption, but this has been superseded.
Good Faith or Mistake of Fact: If the accused genuinely believed the first marriage was invalid or dissolved (e.g., due to erroneous legal advice), this may negate criminal intent (People v. Bitdu, G.R. No. L-22507, 1966). However, ignorance of the law is no excuse.
Void First Marriage: If the first marriage was void from the beginning (e.g., due to lack of license or bigamous itself), no bigamy occurs (People v. Aragon, G.R. No. L-10016, 1957).
Pardon or Amnesty: Rarely applicable, but presidential pardon can extinguish liability.

Psychological incapacity (Article 36, Family Code) is not a direct defense but grounds for nullity of the first marriage, which must be obtained before remarrying.

Procedural Aspects and Prosecution

Bigamy is a public crime, prosecutable by the state upon complaint or ex officio. The offended spouse typically files the complaint, but under Article 344 of the RPC, their pardon or consent can extinguish the action if given before trial begins.

Jurisdiction: Regional Trial Courts handle bigamy cases, as the penalty exceeds six years.
Prescription: The crime prescribes in 15 years (Article 90, RPC).
Evidence: Marriage certificates, witness testimonies, and registry records are key. The Supreme Court has ruled that foreign divorces must be judicially recognized in the Philippines (Corpuz v. Sto. Tomas, G.R. No. 186571, 2010).
Related Civil Actions: Bigamy convictions often lead to civil suits for damages, support, or custody.

Related Laws and Concepts

Concubinage and Adultery: These are crimes against chastity, with lighter penalties (prision correccional for concubinage, destierro for adultery). Bigamy is distinct as it involves a formal marriage.
Illegal Marriages (Article 350, RPC): Penalizes solemnizing officers for knowingly performing bigamous ceremonies.
Parricide, Murder, or Homicide: If bigamy motives lead to killing a spouse, heavier penalties apply.
Administrative Sanctions: Professionals (e.g., lawyers, doctors) may face disbarment or license revocation.
International Aspects: Under the Hague Convention on Marriages, foreign marriages are recognized, but bigamy remains punishable if committed by Filipinos abroad (extraterritorial application for crimes against family rights).

Jurisprudence and Evolving Interpretations

Philippine courts have refined bigamy laws through decisions:

In Sermonia v. Court of Appeals (G.R. No. 109454, 1994), the Court held that the second marriage's validity is presumed unless contested.
Manuel v. People (G.R. No. 165842, 2005) clarified that judicial declaration of nullity must precede remarriage.
Recent cases emphasize gender neutrality, as bigamy applies equally to men and women.

While no major legislative changes have occurred recently, proposals for divorce legalization could impact bigamy incidence by providing alternatives to annulment.

Societal and Policy Implications

Bigamy laws reflect the Philippines' conservative Catholic influence, prioritizing monogamy. Critics argue they trap individuals in unhappy marriages, leading to underground relationships or migration for divorce. Supporters view them as safeguards for family integrity. Enforcement challenges include underreporting and difficulties in proving elements, especially in rural areas.

In conclusion, bigamy in the Philippines is a grave offense with severe penalties, designed to uphold marital fidelity. Individuals contemplating remarriage must ensure legal termination of prior unions to avoid criminal liability. Consulting legal experts is advisable for case-specific guidance.