Introduction

In the Philippines, marriage is regarded as a sacred institution protected by both the Constitution and various laws. The Family Code emphasizes the inviolability of marriage, while the Revised Penal Code (RPC) criminalizes acts that undermine its sanctity, such as bigamy. Bigamy occurs when a person contracts a second marriage while the first one remains legally valid, posing significant legal, emotional, and social consequences for all parties involved. A common question arises in such scenarios: Can the spouse in the second marriage initiate a bigamy case against the offending partner? This article explores the legal framework surrounding bigamy in the Philippine context, focusing on the rights and standing of the second spouse to file a complaint. It delves into the definition, elements, procedural aspects, jurisprudence, penalties, and related civil implications to provide a comprehensive understanding of the topic.

Legal Definition and Basis of Bigamy

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 prisión 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 criminalizes the act of entering into a subsequent marriage without the prior one being annulled, declared null and void, or dissolved through legal means. The law aims to protect the institution of marriage and prevent deception or harm to spouses. Notably, bigamy is considered a public crime, meaning it affects society at large and can be prosecuted by the state. However, the initiation of the case often hinges on a complaint from an aggrieved party.

Under the Family Code of the Philippines (Executive Order No. 209), marriages contracted in violation of legal requirements, including the absence of a valid dissolution of a prior marriage, are void ab initio (from the beginning). Article 35(4) of the Family Code declares bigamous marriages null and void, rendering them legally nonexistent. This civil aspect intertwines with the criminal liability under the RPC.

Elements of the Crime of Bigamy

To establish bigamy, the prosecution must prove the following elements beyond reasonable doubt:

Existence of a Valid First Marriage: The accused must have been legally married to another person, and that marriage must not have been dissolved or annulled at the time of the second marriage.
Contracting a Second Marriage: The accused enters into a subsequent marriage ceremony with another person, which has all the legal formalities of a valid marriage (e.g., solemnized by an authorized officer, with a marriage certificate issued).
No Legal Dissolution or Presumptive Death: The first marriage has not been legally terminated through annulment, nullity declaration, or divorce (note: divorce is not recognized for Filipino citizens under Philippine law, except in cases involving foreign spouses under Article 26 of the Family Code). Alternatively, there is no judicial declaration of presumptive death of the absent spouse under Article 41 of the Family Code.
Knowledge or Intent: While the crime is mala in se (inherently wrong), the accused must have acted with criminal intent, though good faith (e.g., belief that the first marriage was invalid) may serve as a defense in certain cases.

Failure to prove any element results in acquittal. Importantly, the second marriage need not be consummated; the mere celebration of the ceremony suffices.

Who is the Offended Party in Bigamy?

In criminal law, the "offended party" refers to the person directly harmed by the crime. For bigamy, the primary offended party is typically the first spouse, whose marital rights are violated by the subsequent union. The crime is seen as an affront to the fidelity and exclusivity of the first marriage.

However, the second spouse may also be victimized, particularly if they entered the marriage in good faith, unaware of the existing prior marriage. In such cases, the second spouse suffers deception, emotional distress, and legal prejudice, as their marriage is rendered void, affecting property rights, legitimacy of children, and personal status.

Unlike crimes of adultery or concubinage (under Articles 333 and 334 of the RPC), which require the complaint to be filed exclusively by the offended spouse (Article 344, RPC), bigamy does not have such a restriction. As a public crime, it can be initiated upon a complaint or information filed by any person with knowledge of the facts, including fiscal authorities, law enforcement, or private individuals. This opens the door for the second spouse to file a case.

Can the Spouse in the Second Marriage File a Bigamy Case?

Yes, a spouse in the second marriage can file a bigamy case in the Philippines, provided they can establish their status as an offended party and act in good faith. This standing is supported by jurisprudence and legal principles.

The rationale is rooted in the deceptive nature of bigamy. If the second spouse was misled into believing the accused was single or legally free to marry, they are a victim of fraud. Filing a complaint allows them to seek justice for the harm inflicted. However, if the second spouse knew about the prior marriage and proceeded anyway, they may be considered an accomplice (under Article 18 of the RPC) and could face liability themselves, disqualifying them from filing.

In practice, the second spouse's complaint often accompanies a civil action for declaration of nullity of marriage under Article 40 of the Family Code, which requires a final judgment declaring the previous marriage void before remarriage. This dual approach addresses both criminal and civil remedies.

Relevant Jurisprudence

Philippine Supreme Court decisions have clarified the role of the second spouse in bigamy prosecutions:

Mercado v. Tan (G.R. No. 137110, August 1, 2000): The Court held that the second wife, who was deceived into marrying the accused, qualifies as an offended party and can file the complaint for bigamy. The ruling emphasized that bigamy victimizes not only the first spouse but also the second, who enters the marriage under false pretenses. This case established that the complaint need not come solely from the first spouse.
Santiago v. People (G.R. No. 175326, August 28, 2007): Reiterating that bigamy is a public offense, the Court allowed prosecution based on a complaint from the second spouse, noting that the crime's public nature permits broad initiation.
People v. Nepomuceno (G.R. No. L-40624, June 27, 1975): This earlier case highlighted that while the first spouse is primarily aggrieved, the second spouse's good faith entitles them to seek redress.
Tenebro v. Court of Appeals (G.R. No. 150758, February 18, 2004): The Court ruled that even if the second marriage is void, the criminal liability for bigamy persists, and the second spouse can pursue the case to vindicate their rights.

These cases underscore that the second spouse's ability to file is not barred, provided they demonstrate injury and lack of complicity.

Procedure for Filing a Bigamy Case

Filing a bigamy case involves the following steps:

Gather Evidence: Collect marriage certificates, witness testimonies, and proof of the first marriage's validity (e.g., from the Philippine Statistics Authority or local civil registrar).
File a Complaint: The second spouse can file a sworn complaint-affidavit with the Office of the City or Provincial Prosecutor (Fiscal) in the place where the crime was committed (typically where the second marriage was solemnized, per Article 15 of the RPC on venue).
Preliminary Investigation: The prosecutor conducts an investigation to determine probable cause. If found, an information is filed in the Regional Trial Court (RTC), as bigamy is under RTC jurisdiction (punishable by prisión mayor, exceeding six years).
Trial: The case proceeds to trial, where the prosecution must prove the elements. The accused may raise defenses like mistake of fact or prior nullity.
Pardon or Settlement: Unlike adultery, bigamy cannot be settled by pardon from the offended spouse, as it is a public crime (Article 344 does not apply).

The prescriptive period for bigamy is 15 years from discovery (Article 90, RPC).

Penalties and Consequences

Upon conviction, the penalty is prisión mayor (6 years and 1 day to 12 years). Aggravating circumstances (e.g., abuse of public office) may increase the sentence, while mitigating factors (e.g., voluntary surrender) may reduce it.

Civil consequences include:

Nullity of Second Marriage: Automatic voidness, requiring no court declaration for criminal purposes but advisable for civil effects (Article 40, Family Code).
Property Relations: Liquidation under the rules for co-ownership or conjugal partnership, depending on good faith.
Children's Status: Children from the second marriage are legitimate if conceived in good faith (Article 54, Family Code); otherwise, illegitimate.
Support and Custody: The second spouse may claim support if in good faith.

The convicted party may also face disbarment if a professional (e.g., lawyer) or other accessory penalties.

Defenses and Exceptions

Common defenses include:

Good Faith Belief: If the accused reasonably believed the first marriage was invalid or the spouse deceased.
Judicial Declaration: Prior declaration of nullity or presumptive death absolves liability.
Foreign Divorce: Valid only if obtained by a foreign spouse (Article 26, Family Code); not applicable to Filipinos.

Exceptions: Muslim Filipinos under the Code of Muslim Personal Laws may practice polygamy under certain conditions, but this does not apply to non-Muslims.

Related Issues

Psychological Incapacity: If the first marriage is annulled on grounds of Article 36 (psychological incapacity), it retroactively voids the marriage, potentially dismissing a bigamy charge if declared before conviction.
Administrative Remedies: The second spouse may seek administrative sanctions if the accused is a government employee.
International Aspects: If the second marriage occurred abroad, Philippine courts retain jurisdiction if the accused is Filipino (Article 2, RPC).

Conclusion

In the Philippines, a spouse in a second marriage can indeed file a bigamy case, particularly when victimized by deception, as affirmed by law and jurisprudence. This right empowers individuals to seek accountability while upholding marital integrity. However, navigating such cases requires careful legal advice, as they involve intertwined criminal and civil dimensions. Understanding these nuances ensures that justice is served for all affected parties, reinforcing the legal protections surrounding marriage in Philippine society.