1) Why this topic is confusing in practice

When a spouse “marries abroad,” the injured spouse often asks: Can I file bigamy? Or adultery? In Philippine law, those are different crimes with different requirements, and a foreign element (a marriage or affair happening outside the Philippines) raises jurisdiction and proof issues that can decide the case before the merits are even reached.

This article explains:

when bigamy applies if the second marriage was abroad (or the first marriage was abroad),
why adultery (and concubinage) is often misunderstood in “second marriage” scenarios,
what Philippine courts can and cannot prosecute when acts happened outside the country,
what evidence is usually needed, and
what civil/family-law remedies typically run alongside or instead of criminal cases.

2) Key crimes involved (and the first big correction)

A. Bigamy (Revised Penal Code, Article 349)

Bigamy is about contracting a second (or subsequent) marriage while a prior marriage is still valid and subsisting (unless the prior marriage was dissolved or the absent spouse was judicially declared presumptively dead).

Focus: the act of marrying again
Does not require: proof of sexual relations, cohabitation, or a “relationship”
Usual penalty: prisión mayor (afflictive penalty)

B. Adultery (Revised Penal Code, Article 333)

Adultery is committed by:

a married woman who has sexual intercourse with a man not her husband, and
the man who has carnal knowledge of her knowing she is married.
Focus: sexual intercourse
Not the same as: “having a girlfriend/boyfriend” or “remarrying”
Usual penalty: prisión correccional (correctional penalty)

C. Concubinage (Revised Penal Code, Article 334) — the counterpart often overlooked

For a married man, the comparable crime is concubinage, not adultery. It requires any of these:

keeping a mistress in the conjugal dwelling, or
having sexual intercourse under scandalous circumstances, or
cohabiting with her in any place.

Focus: specific forms of illicit relationship behavior (not just intercourse)
Penalty: prisión correccional (for the husband) and destierro (for the mistress)

D. A crucial point

A spouse “marrying abroad” points most directly to bigamy, not adultery/concubinage. A second marriage may be circumstantial proof of an affair, but adultery/concubinage still requires proof of the specific acts that the law punishes.

3) The “abroad” problem: Philippine criminal jurisdiction is generally territorial

Philippine criminal law is generally territorial: crimes are prosecuted where they are committed, and Philippine courts usually have jurisdiction only if the punishable act (or essential elements of it) happened in the Philippines.

Practical effect

If the second marriage ceremony happened outside the Philippines, a Philippine bigamy case may fail on jurisdiction/venue grounds.
If the sexual acts (for adultery/concubinage) happened outside the Philippines, a Philippine adultery/concubinage case likewise may fail on jurisdiction/venue grounds.

This is why many “married abroad” situations end up being addressed through civil/family-law actions in the Philippines even when criminal prosecution is desired.

4) Bigamy when the spouse married abroad

A. Elements of bigamy (what must be proven)

Prosecution typically must establish:

The accused had a valid existing marriage (the “first marriage”);
That marriage was not legally dissolved (and there was no valid judicial declaration of presumptive death of the absent spouse);
The accused contracted a second/subsequent marriage; and
The second/subsequent marriage was contracted with the outward appearance of a marriage (i.e., a marriage ceremony/documentation consistent with a marriage being celebrated).

Important doctrinal point in Philippine practice: A spouse cannot usually defend a second marriage by simply asserting the first marriage was “void anyway.” Under the Family Code (commonly associated with the requirement of a judicial declaration of nullity before remarriage), Philippine doctrine has repeatedly treated remarriage without first securing the proper court judgment as legally risky—and potentially criminal—because the State requires judicial certainty before allowing remarriage.

B. Scenario mapping: where bigamy is usually viable (or not)

Scenario 1: First marriage in the Philippines, second marriage abroad

Substance: This fits the concept of bigamy (married, then married again).
Main barrier: territorial jurisdiction/venue (the “second marriage” act occurred abroad).
Common outcome in practice: Criminal bigamy in the Philippines is often difficult to sustain if the second marriage was celebrated entirely abroad.

Scenario 2: First marriage abroad, second marriage in the Philippines

Often viable in the Philippines, because the bigamous act (the second marriage) happened in the Philippines.
The prosecution must still prove the first marriage exists and is valid/subsisting.

Scenario 3: Both marriages abroad, but parties are in the Philippines now

Usually faces strong jurisdiction challenges for a Philippine bigamy prosecution, because the punishable act (contracting the second marriage) occurred abroad.

C. Proving a marriage that happened abroad (evidence realities)

Foreign marriage proof is often the hardest part, not the legal theory.

Common evidence requirements:

Official marriage record/certificate from the country where it was celebrated
Proper authentication (now commonly through Apostille, depending on the issuing country and applicable rules)
Certified translation if not in English/Filipino
Clear proof that the person in the record is the accused (identity linkage)

If the validity of the foreign marriage depends on foreign law (e.g., unusual forms, capacity rules, divorce effects), Philippine courts generally require the party invoking foreign law to prove foreign law as a fact (often through official publications or expert testimony), otherwise Philippine courts may apply presumptions or default approaches that can change the case result.

D. Defenses and issues that commonly decide bigamy cases

Prior marriage already dissolved before the second marriage
- Example: annulment/recognition of divorce (where applicable) was final and effective before remarriage.
Judicial declaration of presumptive death (Family Code concept)
- If a spouse was absent for the required period and the present spouse obtained a court declaration of presumptive death before remarrying, bigamy is typically avoided.
- If the declaration was obtained through bad faith or fraud, other liabilities (e.g., perjury/falsification) may arise.
No “marriage” actually happened
- Rare but decisive: if there was no valid solemnization/ceremony at all (e.g., a sham document without an actual marriage act), the “second marriage” element can collapse—though these are highly fact-specific.
Foreign divorce complications
- If the marriage is between a Filipino and a foreigner, Philippine doctrine recognizes situations where a foreign divorce can free the Filipino spouse to remarry—but typically only after judicial recognition in the Philippines.
- If both spouses are Filipino, a divorce obtained abroad generally does not automatically free them to remarry under Philippine law, creating bigamy risk if they remarry in the Philippines.

E. Prescription (time limits)

Bigamy is punished by an afflictive penalty, and under Revised Penal Code rules on prescription, it generally has a longer prescriptive period than adultery/concubinage (commonly treated as 15 years, subject to how discovery and filing interrupt prescription under criminal law rules).

5) Adultery/Concubinage when the spouse married abroad

A. A second marriage is not automatically adultery/concubinage

Adultery requires proof of sexual intercourse involving a married woman.
Concubinage requires the married man’s conduct to fall into one of the law’s specific categories (conjugal dwelling / scandalous circumstances / cohabitation).

A marriage abroad may suggest a romantic relationship, but the crime charged must match the statutory elements.

B. These are “private crimes” — who can file is restricted

Adultery and concubinage are historically classified as private crimes:

They cannot generally be prosecuted without a complaint filed by the offended spouse (not by parents, siblings, friends).
The complaint must generally include both guilty parties (spouse and paramour) if both are alive.
If the offended spouse consented or pardoned the offenders before institution, prosecution is barred.

Practical consequence: If the paramour is unknown, unidentifiable, or abroad in a way that prevents proper inclusion, prosecution becomes procedurally fragile.

C. Territorial limit applies strongly

If the alleged adultery/concubinage acts occurred abroad, Philippine prosecution is typically blocked by territorial jurisdiction. If acts occurred in the Philippines (even if the relationship began abroad), a case may be filed for those Philippine-based acts—subject to proof.

D. Proof is usually the hardest part

Because direct proof of intercourse is rare, cases often rely on circumstantial evidence showing opportunity plus illicit intimacy. Courts, however, still require that circumstantial evidence logically and convincingly proves the element required by law (intercourse for adultery; qualifying circumstances/cohabitation/scandal for concubinage).

Evidence pitfalls (often case-killers or backfire risks):

Secret recordings of private conversations can raise issues under laws on wiretapping and privacy.
Illegally obtained electronic data can be excluded and can expose the complainant to separate liability.
Social media screenshots, chats, and emails must be properly authenticated under rules on electronic evidence.

E. Prescription (time limits)

Adultery/concubinage carry correctional penalties, typically translating to a shorter prescriptive period than bigamy (commonly treated as 10 years, with prescription running from discovery/commission per criminal law rules and interrupted by filing).

6) Choosing the right legal path: criminal vs civil remedies (often both)

A. When bigamy is the cleanest theory—but prosecution is hard because it was abroad

Even when the facts scream “bigamy,” if the second marriage was celebrated abroad, the Philippine criminal case can be jurisdictionally vulnerable. In that situation, the more reliable Philippine remedies often shift to:

Petition to declare the second marriage void (Family Code concept: a bigamous marriage is void)
- This protects civil status, property rights, and prevents further legal complications.
Legal separation (if parties are married and grounds exist)
- This does not dissolve the marriage bond but can address property regime and living arrangements. Sexual infidelity is a classic ground.
Support, custody, protection of property and children’s interests
- Criminal cases do not automatically resolve support/custody/property.
VAWC (R.A. 9262) in appropriate situations
- Where the offended spouse is a woman (or the child), a pattern of infidelity, abandonment, humiliation, or related conduct may be framed as psychological violence, depending on the facts and harm. This is not automatic; it is evidence-driven and fact-specific.

B. When adultery/concubinage is tempting—but bigamy may actually be easier (or vice versa)

If the second marriage happened in the Philippines, bigamy can be document-driven and sometimes more straightforward than proving sexual acts.
If the second marriage happened abroad, adultery/concubinage is usually even harder if the sexual acts were also abroad.

7) Common “real-world” patterns and what usually works

Pattern 1: Spouse contracted a second marriage abroad and now uses it to bully/abandon the first family

Philippine criminal bigamy case may be difficult if the marriage ceremony was abroad.
Civil actions (nullity of the second marriage; support/property actions; possible legal separation; potential VAWC where applicable) often become the practical center of gravity.

Pattern 2: Spouse married abroad (first marriage abroad), then remarries in the Philippines

Bigamy in the Philippines becomes more legally reachable.
The key battle becomes proving the first marriage abroad and that it was subsisting.

Pattern 3: Spouse has an affair in the Philippines but “marries abroad” for appearances

Adultery/concubinage (for Philippine-based acts) may be viable if proof exists.
Bigamy depends on where the second marriage was celebrated and proof of prior subsisting marriage.

8) Procedure overview (Philippine setting)

A. Bigamy

Typically initiated by a complaint-affidavit filed with the Office of the Prosecutor for preliminary investigation (where venue/jurisdiction lies).
If probable cause is found, an Information is filed in court.
Since bigamy is not a private crime, the case is prosecuted in the name of the People once filed.

B. Adultery/Concubinage

Requires a complaint by the offended spouse, generally against both offenders.
Prosecutor conducts preliminary investigation; Information follows if probable cause exists.
Consent/pardon issues often surface early and can bar prosecution.

9) Civil consequences of a bigamous “second marriage” (often overlooked but critical)

A. The second marriage is generally void under Philippine family law principles

A marriage contracted during the subsistence of a prior marriage is treated as void, with serious effects on:

civil status records,
property relations,
inheritance rights,
legitimacy status of children (with narrow exceptions in Philippine law for certain void marriages, which generally do not include bigamy).

B. Property and children issues do not automatically resolve in criminal court

A bigamy conviction does not, by itself, settle:

custody,
support,
property partition,
use of the family home,
parental authority disputes.

Those require family-law proceedings.

10) Bottom line

Bigamy is the charge tied to a spouse contracting another marriage; it does not require proof of sex, but it is highly sensitive to where the second marriage occurred and to proof of foreign marriage records.
Adultery/concubinage punish specific sexual or cohabitation-related acts, are private crimes requiring the offended spouse’s complaint, and are strongly constrained by territorial jurisdiction when acts happened abroad.
When the second marriage (and/or the affair acts) occurred outside the Philippines, Philippine criminal prosecution often becomes difficult, and the most effective Philippine actions frequently shift toward civil/family-law remedies that protect status, property, and children’s welfare.