Bigamy Risk After a Foreign Divorce and an Unregistered Marriage

Philippine Legal Perspective (updated 26 June 2025)

1. Introduction

Bigamy is a criminal offense under Article 349 of the Revised Penal Code (RPC). A person already validly married who contracts a second or subsequent marriage without the first being legally dissolved, or without a court declaration of its nullity, incurs criminal liability. In today’s globalized world, two situations frequently create confusion - and bigamy exposure - for Filipinos:

Obtaining a foreign divorce (or being divorced abroad).
Contracting a marriage that was never registered with the Philippine Civil Registry or the Philippine Statistics Authority (PSA).

This article gathers the relevant statutes, rules, and Supreme Court jurisprudence to explain why these scenarios are risky, how to avoid prosecution, and what remedies are available.

2. Snapshot of the Governing Legal Framework

Topic	Key Provisions	Take-aways
Bigamy (Penal)	Article 349, RPC	Prisión mayor (6 yrs & 1 day – 12 yrs) and absolute disqualification. Elements: (1) first marriage valid; (2) still subsisting; (3) second marriage validly celebrated; (4) no judicial declaration that the first was void or dissolved.
Validity of Marriage	Articles 2-3, 4-5, 52-53, 80-82, Family Code	Essential requisites (legal capacity & consent) and formal requisites (authority of the solemnizing officer, a marriage licence or statutory exemption, a marriage ceremony).
Nullity / Annulment	Article 40 (void), Article 45 (voidable), Family Code	Even a void marriage “shall not be understood for purposes of remarriage until declared as such” by a court.
Recognition of Foreign Divorce	Article 26 (2), Family Code; Rule 39 §48 Rules of Court	Divorce obtained abroad must be recognized via petition in a Philippine court before it produces effects here.
Civil Registry Annotation	Article 52-53, Family Code; PSA Circulars	Once recognition/nullity decree attains finality, annotate the PSA marriage record to show it has been dissolved/voided.

Failure to secure the final two steps (judicial decree and PSA annotation) keeps the first marriage “subsisting” in Philippine eyes, triggering bigamy if a new marriage is celebrated.

3. Foreign Divorce: Why It Does Not Automatically Protect You

Limited Scope of Article 26 (2).
- It originally covered only a Filipino married to a foreigner who later divorces abroad.
- Philippine jurisprudence has gradually broadened it (e.g., Republic v. Orbecido, G.R. No. 154380, 2005) so that even if both spouses were originally Filipino, the Filipino spouse may invoke the foreign divorce once the other spouse becomes a foreign citizen prior to the divorce filing.
- The provision only authorizes dissolution of the marital bond; it does not dispense with the separate need for a Philippine court to recognize that foreign decree.
Recognition procedure is mandatory.
- File a Petition for Judicial Recognition of Foreign Divorce (special proceeding) in the proper Regional Trial Court (RTC).
- Prove: a. Authentic foreign divorce decree (original/duplicate, duly legalized). b. Proof of the foreign law that allowed and governed the divorce (either through an expert witness or certified official publications). (Garcia v. Recio, G.R. No. 138322, 2001).
Until recognition, the marriage subsists.
- The Supreme Court repeatedly holds that, for purposes of bigamy, a foreign divorce “does not per se dissolve the marriage in the Philippines” (Fujiki v. Marinay, G.R. No. 196049, 2013).
- Contracting a second marriage before recognition achieves finality exposes the Filipino spouse to bigamy.
Common mistakes.
- Assuming a consulate-solemnized marriage abroad cures the problem. It does not.
- Using the foreign divorce to obtain a local marriage licence without bringing a recognition decree; an LCR (Local Civil Registrar) sometimes issues a licence in error, but this is not a defense to bigamy.
- Relying on “good faith.” The Court has been inconsistent on whether “good-faith reliance” on a void first marriage absolves bigamy. The safer view, following Nievares v. People, G.R. No. 209197, 2019, is that prior judicial declaration is indispensable; “good faith” is, at best, a mitigating circumstance, not an absolute defense.

4. Unregistered Marriage: Why “No Record” ≠ “No Marriage”

Validity is determined by requisites, not by registration.
- A marriage celebrated with valid consent, licence (unless licence-exempt), and a competent solemnizing officer exists even if no Certificate of Marriage (Form 97) was transmitted to the LCR/PSA.
Registration affects proof only.
- Lack of registration makes the marriage harder to prove in court but does not void it (Estate of Olave v. Reyes, G.R. No. 225973, 2019).
Bigamy exposure remains.
- Because the first marriage is valid, the elements of bigamy are met if a second marriage is celebrated without first obtaining a judicial declaration of nullity or annulment.
If the unregistered marriage is void, still get a declaration of nullity.
- Example void grounds: lack of licence when no exemption applies, psychological incapacity, incestuous union.
- Article 40 of the Family Code demands a court action before contracting another marriage. Failure = bigamy. (Te v. Court of Appeals, G.R. No. 126746, 1999).
Practical Impact.
- A foreign fiancé(e) visa may be denied if a PSA CENOMAR still shows “married.”
- Children’s legitimacy and property relations hinge on whether the first marriage is merely unregistered or judicially declared void.

5. Comparative Timeline of Safe vs. Risky Actions

Step	Safe Path (No Bigamy)	Risky Path (Bigamy Possible)
1. Foreign Divorce Obtained	Secure decree abroad.	Same
2. File Recognition Case in PH	Petition filed; prove foreign law & decree.	Skip recognition or assume consular note is enough.
3. Decision Recognizing Divorce (RTC)	Decision becomes final & executory.	–
4. Annotate PSA Record (Art 52-53)	Present Decision & Entry of Judgment to LCR/PSA; CENOMAR updated.	–
5. Apply for Marriage Licence	Present annotated PSA documents showing “Divorced.”	Present only foreign decree; or none (if marriage unregistered).
6. Contract New Marriage	After annotation, marriage is valid; no bigamy.	Without Step 2-4, first marriage deemed subsisting → bigamy.

6. Criminal Procedure and Possible Defenses

Who may file - the state, through the prosecutor; a disgruntled spouse or next of kin usually triggers the complaint.
Prescriptive period - Bigamy generally prescribes in fifteen (15) years) from the date of discovery (because penalty is above six years, Art 90 RPC; People v. Baytan, G.R. No. 156734, 2004).
Defenses (often rejected):
- Void first marriage but no court declaration. Rejected in Lasanas v. People, G.R. No. 195500, 2017.
- Belief in validity of foreign divorce. Inconsistent rulings; safest to obtain recognition first.
- Second marriage void. Still punishable; bigamy focuses on act of contracting.
Dismissal grounds:
- Presentation of final recognition/nullity decree dating prior to the celebration of the second marriage.
- Extinguishment under the Anti-Violence Against Women and Children Act (VAWC) compromise is not applicable; bigamy is mala prohibita.

7. Administrative & Civil Consequences

Civil effects of foreign divorce (once recognized): dissolution of the property regime, capacity to remarry, legitimacy of future children.
Inheritance & legitimes: A subsequent spouse who married before recognition risks being disqualified from intestate succession if the marriage is void.
Professional licences & public office qualifications: A conviction for bigamy carries absolute disqualification, impacting teachers, lawyers, public officials, etc.
Immigration status: USCIS, IRCC, and other immigration authorities routinely deny spousal petitions where a PSA record shows an undissolved prior marriage.

8. Practical Compliance Checklist

✔︎	Action Item
☐	Obtain certified true copy of the foreign divorce decree (with apostille/legalisation).
☐	Secure proof of the applicable foreign divorce law (statute / case law).
☐	File Petition for Recognition of Foreign Divorce before the RTC (special proceeding).
☐	After finality, secure Entry of Judgment and order the LCR to annotate the marriage record.
☐	Request updated CENOMAR; verify that it no longer lists the prior marriage as subsisting.
☐	Only then apply for a Philippine marriage licence or contract a new marriage.
☐	For an unregistered prior marriage believed void: still file a Petition for Declaration of Nullity before remarrying.
☐	Keep all documents; Philippine consulates abroad often require them for Legal Capacity to Marry affidavits.

9. Frequently-Asked Questions

“My foreign divorce covers both Filipino spouses; can we remarry others in the Philippines right away?” No. File for recognition first. Orbecido allows a Filipino spouse to benefit from the foreign divorce only after a Philippine court recognizes it.
“If my first marriage was just a beach wedding without licence, do I still need a court case?” Yes. Under Article 40, even a void marriage needs a declaration of nullity before contracting another marriage.
“Will the case be in my hometown?” Venue lies where the petitioner resides or where the RTC of the place where the marriage record is kept.
“Is bigamy bailable?” Yes; the recommended bail for prision mayor is normally ₱24,000–₱48,000, but courts may adjust.
“Can I just cohabit to avoid bigamy?” Extra-marital cohabitation may still create civil liabilities (support, property, children) and possible prosecution for concubinage or adultery.

10. Conclusion

Bigamy charges often arise not from malicious intent but from misunderstanding the two-step Philippine requirement: (1) a judicial declaration (recognition or nullity), and (2) PSA annotation. Whether the first union ended in a foreign divorce or was never registered at all, skipping either step leaves the original marriage “subsisting,” setting a legal trap for the unwary.

When in doubt, litigate first, marry later.

Prepared for educational purposes; not a substitute for individual legal advice. Consult a Philippine lawyer for personalized guidance.