1) Bigamy in Philippine law: what it is and why it matters

Bigamy is a crime under Article 349 of the Revised Penal Code (RPC). It punishes a person who contracts a second (or subsequent) marriage while a prior marriage is still valid and subsisting, unless the prior marriage has been legally dissolved (e.g., death of spouse, valid divorce recognized here where applicable, annulment, or declaration of nullity) or the absent spouse has been judicially declared presumptively dead and the legal requirements for remarriage are met.

Bigamy is commonly encountered because Philippine marriage law is strict: even if a person believes the first marriage is “invalid,” they generally must obtain a judicial declaration of nullity/annulment before remarrying.

2) The short answer

Yes. A spouse in a subsequent marriage (the “second spouse”) can file/initiate a bigamy case in the Philippines.

Bigamy is not one of the crimes that requires a complaint filed only by a specific offended party (unlike adultery or concubinage). As a rule, any person with personal knowledge of facts showing bigamy may report it to law enforcement or the prosecutor and execute a complaint-affidavit. The case, once found to have probable cause, is prosecuted in the name of the People of the Philippines.

Practical reality: second spouses frequently initiate bigamy complaints—especially when they discover the first marriage only later.

3) Why the second spouse is allowed to initiate a complaint

A. Bigamy is a “public crime”

Bigamy is treated as an offense against civil status and public interest, not merely a private wrong. Because of that public character:

The State is the real party that prosecutes the crime; and
A private person—including the second spouse—may set the machinery of prosecution in motion by filing an affidavit/complaint with the prosecutor.

B. “Who is the offended party?” vs “who can complain?”

Even if discussions sometimes label the first spouse as the “directly offended” party, that does not bar a second spouse from initiating the criminal complaint. In practice, the prosecutor mainly asks: Is there probable cause that bigamy occurred? If yes, the State proceeds.

4) Elements of bigamy (what must be proven)

To convict for bigamy, the prosecution generally needs to establish these core elements:

The offender was legally married (a valid first marriage existed);
The first marriage was still subsisting at the time of the second marriage (no death dissolution, no final annulment/nullity judgment, no recognized divorce that dissolved it, and no valid presumptive-death declaration allowing remarriage);
The offender contracted a second or subsequent marriage; and
The second marriage has all formal requisites of a marriage ceremony (i.e., it was celebrated as a marriage under law).

Important nuance: Bigamy is typically consummated upon the celebration of the second marriage, not upon cohabitation.

5) What the second spouse must show (evidence checklist)

A second spouse who wants to file usually strengthens the complaint with:

PSA marriage certificate of the first marriage (or certified true copy from the local civil registry, then PSA copy)
PSA marriage certificate of the second marriage
Proof that the first marriage was not dissolved before the second (e.g., no decree/judgment finality; no death certificate; no recognized divorce)
CENOMAR/Advisory on Marriages (useful, though not always conclusive by itself)
Any admissions, messages, photos, or documents showing the accused knew of the first marriage
IDs, addresses, and circumstances of the wedding (place, date, officiant)

A prosecutor will focus heavily on certified civil registry records and the timeline.

6) Where and how to file (procedure in the Philippines)

Step 1: Prepare the complaint-affidavit

The second spouse (or any complainant) executes a complaint-affidavit stating facts: dates, places, identity of spouses, how the first marriage was discovered, and attaching documents.

Step 2: File with the Office of the Prosecutor

File in the prosecutor’s office that has territorial jurisdiction—commonly tied to where the second marriage was celebrated (because that is where the crime is committed).

Step 3: Preliminary investigation

The prosecutor conducts preliminary investigation:

Complainant submits affidavit and evidence
Respondent submits counter-affidavit and evidence
Prosecutor determines probable cause

Step 4: Filing in court

If probable cause exists, the prosecutor files an Information in court. The case becomes People of the Philippines vs. Accused.

Step 5: Trial

The second spouse often becomes a key witness to authenticate documents, explain discovery, and provide context.

7) Common defenses—and what usually works (and doesn’t)

Bigamy defenses can be technical. These are the usual ones:

A. “The first marriage was void anyway.”

Often not enough by itself. Philippine doctrine strongly emphasizes that a judicial declaration of nullity is generally required before a person may remarry (commonly discussed in relation to Family Code Article 40).

If there was no prior judicial declaration (final judgment) before the second marriage, the risk of bigamy remains high.

Exception-type situations: If the first “marriage” was not a marriage at all (e.g., no ceremony), the accused may argue that no valid marriage existed to begin with. These are fact-sensitive and document/witness dependent.

B. “My first marriage was later annulled/declared void after the second marriage.”

A later judgment generally does not erase criminal liability that already attached when the second marriage was celebrated, because bigamy is evaluated at the time of the second marriage.

C. “I believed my spouse was dead / I was abandoned.”

Belief alone is not enough. The law provides a specific route: a judicial declaration of presumptive death (under the Family Code) before remarriage, with strict conditions. Without it, bigamy exposure remains.

D. “I didn’t know my first marriage was still valid.”

Bigamy is commonly treated as requiring criminal intent, but “good faith” defenses are narrow and fact-dependent. Courts often look for objective compliance with legal requirements (e.g., whether the person took the proper judicial steps).

8) Can the second spouse also be charged?

Bigamy under Article 349 primarily targets the person who contracts the subsequent marriage while still married.

The second spouse is not automatically criminally liable for merely being the second spouse.
Liability as an accomplice would depend on proof of knowing participation in the crime’s commission, and in practice bigamy prosecutions typically focus on the married party who remarried.

If the second spouse was deceived, they are usually treated as a victim/witness, not an accused.

9) What happens to the second marriage?

A second marriage contracted during the subsistence of a first marriage is generally treated as void in Philippine family law (a void marriage). Practical consequences include:

The second spouse may file a petition to declare the second marriage void (often to clarify civil status, property relations, legitimacy issues, and future plans).
Property relations may be governed by rules on void marriages (often involving good faith/bad faith considerations).

Important: The criminal bigamy case and the civil case to declare a marriage void are separate, though facts overlap.

10) Other remedies for a second spouse (besides bigamy)

Depending on the facts, a second spouse may also consider:

Declaration of nullity of the second marriage (to clear civil status)
Civil actions for damages if there was fraud, deceit, or bad faith (fact- and proof-dependent)
If the second spouse is a woman and the circumstances involve abuse, threats, coercion, or psychological harm, consultation about possible remedies under VAWC (RA 9262) may be relevant in some scenarios (not automatically, but sometimes connected to marital deception plus abusive conduct)

11) Prescription: how long the second spouse has to act

Bigamy has a prescriptive period (a deadline for the State to prosecute) based on the penalty range. The running of prescription is governed by the RPC rules on prescription, which can be affected by:

the date of commission (typically the wedding date),
the date of discovery by authorities or the offended party in certain cases, and
the institution of proceedings.

Because prescription analysis can be technical and fact-specific (and can make or break a case), it’s wise to treat timing as urgent and get tailored advice.

12) Practical tips if you’re the second spouse considering filing

Secure PSA copies of both marriage certificates as early as possible.
Document the date and manner of discovery (messages, admissions, witnesses).
Be prepared for the accused to argue the first marriage was void or already ended—so gather proof that no final judgment existed before your wedding date.
Consider parallel steps: a criminal complaint may proceed while you also pursue civil remedies to clarify your status.
Avoid “self-help” assumptions like “it’s void anyway.” Courts and registries rely on judicial declarations, not personal conclusions.

13) Bottom line

A spouse in a subsequent marriage can file (initiate) a bigamy case in the Philippines. The key is not “standing,” but whether the complaint can show probable cause—usually through certified marriage records and proof that the first marriage was still subsisting when the second marriage was celebrated.

This is general legal information in Philippine context and not legal advice. For case-specific strategy (especially on defenses, prescription, and parallel family-law actions), consult a Philippine lawyer with your documents and exact timeline.