Overview

Yes. A spouse in a second marriage may file a bigamy complaint in the Philippines, even if the bigamy charge is ultimately prosecuted in the name of the People of the Philippines. Bigamy is generally treated as a public crime (not one of the “private crimes” that can be prosecuted only upon a complaint of a specific offended party), so the criminal process does not depend exclusively on the first spouse initiating the case.

That said, whether the accused will be convicted depends on whether all legal elements of bigamy are proven, and whether defenses (often tied to the validity of the first marriage or compliance with special rules like presumptive death) apply.

This is general legal information in Philippine context, not legal advice.

The Legal Basis: Bigamy under the Revised Penal Code

The crime

Bigamy is penalized under Article 349 of the Revised Penal Code, which punishes a person who contracts a second (or subsequent) marriage while a prior marriage is still subsisting, unless the prior marriage has been legally dissolved or the absent spouse has been judicially declared presumptively dead (in proper cases).

Elements prosecutors must prove

In typical bigamy cases, the prosecution must establish:

The offender has been legally married (first marriage).
The first marriage has not been legally dissolved (by death, final decree of annulment/nullity recognized at the proper time, or final divorce where recognized under Philippine rules, as applicable), and the spouse is not legally presumed dead by judicial declaration.
The offender contracts a second or subsequent marriage.
The second marriage would have been valid were it not for the existence of the first.

Penalty and prescription (practical significance)

Bigamy is punished by prisión mayor (imprisonment that can run from 6 years and 1 day up to 12 years), plus accessory penalties under the Code. Crimes punishable by an afflictive penalty generally have a long prescriptive period, and questions often arise about when the period starts (commission vs. discovery).

Who May File: Does the Second Spouse Have Standing?

Bigamy is not a “private crime”

Unlike adultery and concubinage, which generally require a complaint filed by the offended spouse and have strict rules on who may file and when, bigamy is not in that category. As a rule:

Any person with knowledge of the facts may report and execute a complaint-affidavit.
The case is prosecuted by the Office of the Prosecutor (and later, the public prosecutor in court) in the name of the State.

The second spouse is a natural complainant

A spouse in the second marriage is often the person most directly affected and most motivated to act. In practice, the second spouse commonly initiates by:

Filing a complaint-affidavit for bigamy with the Office of the City/Provincial Prosecutor where the crime was committed (often where the second marriage was celebrated or where essential elements occurred).

Even if someone else files, the second spouse can be a key witness and source of documents.

But does the second spouse need to prove “personal injury” to file?

Generally, no. For public crimes, what matters is that the complaint is sufficient to trigger preliminary investigation and establish probable cause. The prosecutor evaluates whether an Information should be filed.

What the Second Spouse Must Prove (Practically)

Bigamy cases are document-heavy. If you are the second spouse initiating the complaint, you’ll usually need to produce (or help the prosecutor obtain):

PSA/LCRO Marriage Certificate of the first marriage (or certified true copy from the local civil registry if PSA copy is delayed).
PSA/LCRO Marriage Certificate of the second marriage.
Proof that the accused in both certificates is the same person (IDs, birth certificate, photos, addresses, witnesses).
Proof that the first marriage was subsisting at the time of the second marriage:
- No record of death of the first spouse (if relevant).
- No final judgment of nullity/annulment that existed before the second marriage (depending on theory and facts).
- No judicial declaration of presumptive death under Article 41 of the Family Code (if absence is being claimed).
Your narrative and supporting evidence showing:
- When you learned of the prior marriage,
- The timeline of relationships and weddings,
- Any admissions, messages, or prior filings.

Procedure: How a Second Spouse Files a Bigamy Complaint

1) Prepare a complaint-affidavit

This is a sworn statement setting out:

Identities of parties,
Dates/places of the marriages,
How you discovered the earlier marriage,
Why you believe the first marriage was still valid/subsisting when you married,
Attachments (certified documents).

2) File at the Prosecutor’s Office (preliminary investigation)

You file in the proper venue (commonly where the second marriage took place, though venue analysis can be fact-specific).

The prosecutor will:

Require the respondent to submit a counter-affidavit,
Allow replies/rejoinders,
Determine probable cause.

3) Filing of Information in court

If probable cause is found, the prosecutor files an Information for bigamy in the appropriate trial court.

4) Court proceedings

Arraignment, trial, presentation of documentary evidence, testimony (including often the second spouse, civil registrar/PSA custodian as needed, and other witnesses).

How the Family Code Affects Bigamy

This is where many cases are won or lost.

Article 40 (judicial declaration of nullity)

A frequent bigamy defense is: “My first marriage was void anyway.” Philippine family law contains a major practical rule: a judicial declaration of absolute nullity is generally required before a person may remarry, even if the first marriage is believed void.

Because of this, courts have often treated remarriage without the required judicial declaration as legally risky, and bigamy prosecutions frequently focus on the subsistence of a recorded marriage at the time of the second marriage.

Article 41 (presumptive death)

If the accused claims the first spouse was absent and presumed dead, it is not enough that the spouse was missing. The law generally requires:

A judicial declaration of presumptive death, and
Compliance with the required period and circumstances (commonly 4 years of absence, or 2 years in specific danger-of-death situations),
Good faith and due diligence.

Without a judicial declaration obtained before the subsequent marriage, the defense is usually weak.

Can the Second Spouse Also File a Case to Void the Second Marriage?

Yes—and this is often done alongside (or even instead of) the criminal case.

Your own marriage may be void

Under the Family Code, a marriage is generally void if contracted by a person who has a prior subsisting marriage (unless falling under specific exceptions like presumptive death with judicial declaration).

So the second spouse may file a petition for declaration of nullity of marriage (to declare the second marriage void). This is a civil case, separate from the bigamy case.

Why that matters

The civil case can clarify marital status, property relations, and legitimacy issues.
It can be crucial for future remarriage, benefits, and records correction.
It does not automatically “erase” criminal liability, but it can affect strategy and proof.

Common Defenses and Complications in Bigamy Cases

1) “The first marriage was void from the start.”

This defense may succeed only if the first marriage is proven void in a way that defeats the element of a valid prior marriage. However, Philippine jurisprudence has long been careful here because of Article 40’s policy requiring judicial declaration before remarriage.

Practical takeaway: Even if there are strong grounds that the first marriage was void, courts have often scrutinized whether the accused took the proper legal step before contracting a second marriage.

2) “My first marriage was already annulled/nullified.”

Timing matters. If there was a final judgment of nullity/annulment before the second marriage, that can defeat bigamy. If the judgment came after, it may not necessarily absolve.

3) “I believed in good faith I was free to marry.”

Good faith can be relevant to credibility and sometimes to related civil liability, but bigamy is typically treated as requiring proof of the act and the legal status—so “I didn’t know” is not always a complete shield, especially if records exist.

4) Identity issues

A respondent may claim: “That first marriage certificate isn’t me.” This is why matching identity evidence is important.

5) Prejudicial question

Sometimes the accused files a civil case to nullify the first marriage and argues the criminal case should be suspended. Whether courts will treat that civil action as a true prejudicial question depends heavily on the specific ground and whether it genuinely determines an element of the crime.

What the Second Spouse Should Consider Before Filing

Evidence strength

Bigamy cases are won on paper. If you lack certified marriage records or clear identity linkage, expect delays.

Personal safety and practical consequences

Filing can trigger conflict. Consider protective options if harassment or threats are possible.

Parallel remedies (often worth considering)

Aside from bigamy and nullity of the second marriage, depending on facts you may explore:

Civil damages (e.g., under Civil Code provisions on abuse of rights, fraud, or acts contrary to morals/public policy),
VAWC (only if facts involve abuse and parties fall within its coverage—this is very fact-specific),
Administrative remedies relating to records, benefits, or property.

Frequently Asked Questions

Can the second spouse file even if the first spouse is alive and refuses to cooperate?

Yes. The first spouse’s cooperation is not always required to initiate. Certified documents and independent proof can suffice.

What if the second spouse “knew” about the first marriage?

It doesn’t automatically prevent filing a bigamy complaint, but it can affect:

credibility,
possible civil consequences,
and the overall narrative (including whether the second spouse was truly deceived). The prosecutor may still proceed if the elements are met.

What if the second spouse is overseas?

A complaint can still be pursued using proper notarization/consularization of affidavits and coordination with counsel, but requirements are technical.

Bottom Line

A spouse in a second marriage can file a bigamy complaint in the Philippines because bigamy is generally prosecuted as a public crime. The success of the case depends on proving that a prior marriage existed and was still legally subsisting when the second marriage was contracted, and on navigating Family Code rules (especially judicial declarations affecting marital capacity).

If you want, paste a short timeline (dates and places of the first and second marriages, when you discovered the first marriage, and whether any annulment/nullity/presumptive death case exists). I can map that timeline to the elements, likely defenses, and what documents typically make or break probable cause.