Can You Remarry Without Annulment in the Philippines? Legal Consequences of Bigamy

Introduction

In the Philippines, marriage is considered a sacred and inviolable social institution, protected by the Constitution and governed primarily by the Family Code of the Philippines (Executive Order No. 209, as amended). Unlike many countries that allow divorce, the Philippines does not recognize absolute divorce for Filipino citizens, except in cases involving Muslim Filipinos under the Code of Muslim Personal Laws or foreign divorces under certain conditions. This unique legal framework means that ending a marriage and remarrying involves specific procedures, such as annulment or declaration of nullity. A common question arises: Can one remarry without obtaining an annulment? The short answer is no, as doing so may constitute bigamy, a serious criminal offense with far-reaching legal consequences. This article explores the intricacies of Philippine marriage laws, the requirements for remarriage, the nature of bigamy, and its penalties, providing a comprehensive overview for those navigating these issues.

Philippine Marriage Laws: An Overview

Marriage in the Philippines is defined under Article 1 of the Family Code as a special contract of permanent union between a man and a woman entered into in accordance with law for the establishment of conjugal and family life. It is not merely a civil contract but an institution of public interest, which is why the state regulates it strictly.

Key principles include:

Monogamy: Philippine law enforces strict monogamy. A person can only be legally married to one spouse at a time.
No Divorce: The Philippines is one of the few countries without divorce laws for non-Muslim Filipinos. Instead, marriages can be terminated through annulment (for voidable marriages) or declaration of nullity (for void ab initio marriages).
Capacity to Remarry: To enter into a subsequent marriage, the previous marriage must be legally dissolved or declared nonexistent. This requires a court judgment and proper registration with the civil registry.

Without fulfilling these requirements, any attempt to remarry is invalid and exposes the individual to criminal liability.

What is Annulment and When is it Required?

Annulment is a judicial process that declares a marriage voidable and annuls it from the beginning, as if it never existed in the eyes of the law. It differs from divorce in that it retroactively invalidates the marriage due to defects existing at the time of celebration.

Grounds for Annulment (Article 45 of the Family Code)

Annulment can be granted on specific grounds, including:

Lack of parental consent for marriages where one or both parties are between 18 and 21 years old.
Insanity or psychological incapacity of one party at the time of marriage (the most common ground, interpreted broadly by courts following Republic v. Molina guidelines).
Fraud in obtaining consent (e.g., concealment of pregnancy by another person, sexually transmitted disease, drug addiction, alcoholism, homosexuality, or lesbianism).
Force, intimidation, or undue influence.
Physical incapacity to consummate the marriage (impotence).
Serious and incurable sexually transmissible disease.

The petition for annulment must be filed within prescribed periods (e.g., within five years for fraud or force), and the process involves court proceedings, psychological evaluations (especially for psychological incapacity), and evidence presentation. Upon granting annulment, the court issues a decree, which must be registered with the Local Civil Registrar and the National Statistics Office (now Philippine Statistics Authority) to update civil status records.

Declaration of Nullity vs. Annulment

While annulment applies to voidable marriages, declaration of nullity is for marriages that are void from the beginning (Article 35-44). Grounds include:

Bigamous or polygamous marriages.
Incestuous marriages.
Marriages without a valid license or solemnizing officer.
Underage marriages without proper consent.
Mistake in identity.
Subsequent marriages without recording the judgment of annulment or nullity of the previous marriage.

In both cases, a final court judgment is required before remarriage. Legal separation, another option, only allows spouses to live separately but does not dissolve the marriage bond, prohibiting remarriage.

Can You Remarry Without Annulment?

Simply put, no. Under Article 40 of the Family Code, a subsequent marriage contracted without a judicial declaration of nullity or annulment of the previous marriage is void ab initio. Even if the previous spouse is absent or presumed dead, a court declaration of presumptive death (under Article 41) is necessary for remarriage, and specific conditions must be met (e.g., the absent spouse has been missing for four years under ordinary circumstances or two years under extraordinary ones).

Attempting to remarry without this judicial process—such as through a civil ceremony, church wedding, or even cohabitation under the guise of marriage—renders the new union invalid. Moreover, it triggers criminal liability for bigamy.

Exceptions and Special Cases

Foreign Divorces: If a Filipino is married to a foreigner and the foreigner obtains a divorce abroad, the Filipino spouse may petition for recognition of the foreign divorce under Article 26 of the Family Code, allowing remarriage. However, this requires a court proceeding in the Philippines.
Muslim Marriages: Under Presidential Decree No. 1083, Muslim Filipinos can divorce under Sharia law, but this does not apply to non-Muslims.
Death of Spouse: Remarriage is allowed upon the death of a spouse, but proof (death certificate) must be presented.

Without these exceptions, remarriage without annulment is legally impossible and punishable.

What Constitutes Bigamy?

Bigamy is defined under Article 349 of the Revised Penal Code (Act No. 3815, as amended) as contracting a second or subsequent marriage before the former marriage has been legally dissolved, or before the absent spouse has been declared presumptively dead by a court.

Elements of Bigamy:

The offender has been legally married.
The marriage has not been legally dissolved or, in case of absence, the absent spouse has not been judicially declared presumptively dead.
The offender contracts a second or subsequent marriage.
The second marriage has all the essential requisites for validity (except the dissolution of the first).

Bigamy is a public crime, meaning it can be prosecuted even without a complaint from the offended party. It applies regardless of whether the second marriage is celebrated in the Philippines or abroad, as long as the offender is a Filipino citizen (due to the nationality principle in criminal law).

Related Offenses

Illegal Marriage: Under Article 350, performing or authorizing an illegal marriage, which may involve solemnizing officers.
Concubinage or Adultery: These are separate crimes for extramarital affairs but do not directly involve remarriage.
Polygamy: While not separately defined, multiple marriages fall under bigamy.

Legal Consequences of Bigamy

Committing bigamy carries severe criminal, civil, and social repercussions, reflecting the state's interest in protecting the family unit.

Criminal Penalties

Imprisonment: The penalty for bigamy is prision mayor, which ranges from 6 years and 1 day to 12 years of imprisonment.
Accessory Penalties: Disqualification from holding public office, loss of voting rights during the sentence, and professional disqualifications.
Prosecution: The crime prescribes after 15 years. The offended spouse (or any person) can file a complaint, but the state can prosecute independently.
Aggravating Circumstances: If deceit or fraud is involved, penalties may increase.

In practice, courts have convicted individuals even if the second marriage was in good faith (e.g., believing the first marriage was invalid), though good faith may be a defense in some interpretations, but jurisprudence (e.g., People v. Nepomuceno) emphasizes strict compliance.

Civil Consequences

Invalidity of Second Marriage: The second marriage is null and void, meaning no legal rights arise from it (e.g., no community property, no inheritance rights as spouse).
Property Relations: Properties acquired during the bigamous marriage may be considered co-ownership, but the innocent spouse in the first marriage retains rights. Under Article 148 of the Family Code, property regimes in void marriages depend on good faith.
Children's Status: Children from the bigamous marriage are considered legitimate if conceived in good faith but may face legitimacy challenges. They retain inheritance and support rights.
Damages and Support: The offended spouse can sue for moral damages, separation of property, and custody. The bigamous spouse may be liable for support to the first family.
Professional and Immigration Impacts: Conviction can lead to disbarment for lawyers, revocation of licenses, or deportation for foreigners.

Social and Practical Ramifications

Beyond legal penalties, bigamy can result in social stigma, family breakdown, and complications in estate planning or immigration. For instance, bigamous marriages can invalidate insurance claims or pension benefits tied to marital status.

How to Avoid Bigamy: The Proper Process for Remarriage

To legally remarry:

File a petition for annulment or nullity in the Regional Trial Court where you or your spouse resides.
Undergo pre-trial, trial, and decision phases (process can take 1-3 years or longer).
Obtain a final and executory court decree.
Register the decree with the civil registrar to annotate the marriage certificate and issue a Certificate of Finality.
Secure a Certificate of No Marriage (CENOMAR) confirming single status.

Consult a lawyer specializing in family law, as self-representation is inadvisable. Costs include filing fees, attorney's fees, and psychological assessments (around PHP 150,000 to 500,000 or more).

Notable Jurisprudence and Examples

Philippine Supreme Court decisions reinforce these rules:

Republic v. Molina (1997): Established guidelines for psychological incapacity as a ground for annulment, requiring proof of gravity, juridical antecedence, and incurability.
Marbella-Bobis v. Bobis (2000): Held that contracting a second marriage without dissolving the first is bigamy, even if the second is later annulled.
Tijing v. Court of Appeals (2001): Emphasized the need for judicial declaration before remarriage.

Hypothetically, if a man abandons his wife and remarries without annulment, he faces arrest upon complaint, imprisonment, and loss of property rights in the second union.

Conclusion

Remarrying without annulment in the Philippines is not only legally impossible but constitutes bigamy, a crime with imprisonment and civil invalidity as consequences. The absence of divorce underscores the permanence of marriage, compelling individuals to pursue annulment or nullity through rigorous court processes. Understanding these laws is crucial to avoid unintended violations, protect family rights, and uphold societal values. Those facing marital issues should seek professional legal advice to navigate this complex terrain responsibly.