Below is a single-stop, Philippines-specific reference on Enforcement of a Warrant of Arrest for Bigamy. It weaves together the statutory text, the Rules of Criminal Procedure, current DOJ/PNP practice manuals, and the main Supreme Court decisions that practitioners cite in motions and pleadings. Use it as a template for advice-of-counsel letters, pleadings, or compliance training; then tailor the citations and local procedures for your own case and court.
1. Statutory Foundations
| Source | Key Provisions |
|---|---|
| Revised Penal Code (RPC) Art. 349 | Defines Bigamy: contracting a second or subsequent marriage while the first is valid and subsisting, or co-habiting with the second spouse even after the first marriage is voided only by annulment/declared nullity, Penalty: prisión mayor (6 yrs 1 day – 12 yrs) and accessory penalties. |
| RPC Art. 90–91 | Crimes punishable by prisión mayor prescribe in 15 years; prescription is interrupted by filing of the information and does not run while accused is absent from the Philippines. |
| Family Code, E-O 209 (Art. 40 & 53) | A judicial declaration of nullity/annulment is required; parties cannot rely on personal belief that the first marriage is void to avoid bigamy liability (People v. Dizon, G.R. 104862, 8 Apr 1993). |
| Code of Muslim Personal Laws (PD 1083) | Does not repeal nor exempt Muslims from bigamy; a polygamous Muslim marriage still requires Shariʽa court authority and registration, otherwise the RPC applies (People v. Abdula, G.R. 167015, 13 Jan 2016). |
2. Elements & Theories the Prosecutor Must Show
- First marriage: valid and still subsisting at time of second marriage.
- Second marriage: celebrated with legal formalities (even if later void).
- Lack of a judicial declaration that the first marriage was void before the second wedding.
- Intent is irrelevant; bigamy is malum prohibitum. Good-faith belief is not a defense unless predicated on a final court decree.
People v. Court of Appeals & Lagdameo, G.R. 108763 (11 Feb 1999): “The accused’s claim that he thought the first marriage was void is immaterial; the law punishes the second marriage in the face of a subsisting first.”
3. How a Bigamy Case Ripens into a Warrant
3.1 From Complaint-Affidavit to Information
| Stage | Controlling Rule | Highlights |
|---|---|---|
| Sworn complaint-affidavit filed (usually by first or second spouse) | Rule 110 §3 | Venue is the place where second marriage rites occurred or where any essential element transpired. |
| Preliminary investigation | Rule 112 §1–5 | Subpoena & counter-affidavit; prosecutor determines probable cause. |
| Resolution & Information | Sec. 4(c) | DOJ authorises filing; information filed in RTC (if penalty >6 yrs) or MeTC/MTC if prision correccional only (rare, where amended by Indeterminate Sentence Law). |
| Judge’s personal determination of probable cause | Rule 112 §6 (Soliven v. Makasiar test) | Judge may: 1) dismiss, 2) issue warrant, 3) require more evidence. |
3.2 Issuance of the Warrant
- Must state the accused’s name, the charge (“Violation of Art. 349 RPC”), and be signed by the issuing judge.
- No expiry date; valid until served or quashed.
- May be “alias” if the first warrant is returned unserved (Rule 113 §7).
4. Serving the Warrant
| Aspect | Current Practice & Authority |
|---|---|
| Enforcing agency | Usually PNP-Criminal Investigation and Detection Group (CIDG) or local police Warrant & Subpoena Unit; NBI may serve statewide warrants. |
| Geographical reach | Nation-wide; no need to re-issue when suspect moves. |
| Time of service | Anytime; warrants for bigamy are not limited to daytime under Rule 113 §9 (statutorily it is bailable but still an afflictive offense). |
| Entry | Officers may enter dwelling if refused admittance after announcing authority/purpose (Rule 113 §11, People v. Damasen, G.R. 231989, 6 Dec 2017). |
| Use of force | Reasonable force allowed; firearms guidance from PNP Operational Procedures Manual (2020 update). |
| Documentation | Return with sheriffs’ affidavit within 10 days (Rule 113 §4). |
| Ancillary measures | • Hold-Departure Order (HDO) at arraignment (OCA Circular 43-2010). • Immigration Lookout Bulletin Order (ILBO) may be sought pre-arrest in high-flight-risk cases. |
5. Arrest Without Warrant?
Bigamy is almost always committed in the past, so in-flagrante arrest is impossible. However, under Rule 113 §5(b) an officer may arrest without warrant if the accused escapes from custody after a prior, lawful arrest for bigamy.
6. Post-Arrest Flow
| Step | Timeline & Rules |
|---|---|
| Booking & Inquest/PI verification | Within 12–36 hours (Art. 125 RPC); bigamy falls under the 36-hour bracket. |
| Advising rights | Sec. 12, Art. III, 1987 Constitution (Miranda, counsel, silence). |
| Bail | Bailable as a matter of right before conviction. DOJ 2018 Bail Bond Guide suggests ₱24,000 baseline; courts may adjust per Rule 114 factors (flight risk, resources, gravity). |
| Arraignment | Within 30 days from court’s receipt of case (Speedy Trial Act; Rule 116). |
| Pre-trial & Trial | Prosecution must present proof of both marriages and CENOMARs; defense may raise the “first marriage void” argument only with a prior annulment decree. |
| Archiving | If the accused remains at-large 6 months after issuance, the case is “archived” but warrant stands; prescription is tolled. |
7. Common Motions & Defenses Related to the Warrant
Motion to Quash Warrant / Recall Alias Warrant Grounds: judge lacked probable-cause determination on the face of the record (Rule 117 §3[a]); incorrect identity; constitutional defects in warrant.
Motion to Reduce Bail or to Recognize Prior Bail When arrested on an alias warrant after bail in another case; courts often allow consolidation and recognition, citing Lacson v. Executive Secretary, G.R. 128096 (25 Jan 1999).
Motion to Dismiss for Lack of Jurisdiction / Improper Venue If second marriage celebrated abroad, venue issues arise (see People v. Court of Appeals, G.R. 119974, 13 Aug 1998: venue where bigamous marriage certificate was registered in PH).
Motion to Suspend Proceedings & Recall Warrant Pending Annulment Case Nearly always denied—bigamy is punished even if the first marriage is later annulled (Manuel v. People, G.R. 165842, 20 Oct 2006).
8. International & Cross-Border Aspects
| Scenario | Remedy |
|---|---|
| Accused abroad | ♦ Apply for Red Notice via Interpol Desk, PNP NCB; |
| ♦ Extradition possible if in treaty state and the offense (bigamy) is included, but seldom used due to cost and bailability. | |
| Foreign second marriage | PH courts still take jurisdiction if any element (e.g., residency, registration) occurred locally; warrant enforceable upon re-entry at Bureau of Immigration counters. |
9. Jurisprudence Cheat-Sheet (Warrant-Related Rulings)
| Case | G.R. No. / Date | Take-away |
|---|---|---|
| Soliven v. Makasiar | 82585, 14 Nov 1988 | Judge must personally evaluate prosecutor’s evidence before issuing warrant. |
| Allado v. Diokno | 113630, 5 May 1994 | Even an RTC judge’s certification of probable cause is insufficient if based purely on prosecutor’s say-so. |
| Gerardo v. Drilon | 193956, 25 Jan 2016 | Bigamy warrant may be enjoined only upon a clear showing of grave abuse; CA may not restrain criminal cases lightly. |
| People v. Dizon | 104862, 8 Apr 1993 | “Belief that first marriage is void” is not defense; strengthens prosecutors’ probable cause showing. |
| Manuel v. People | 165842, 20 Oct 2006 | Subsequent annulment does not extinguish criminal liability nor undo warrants. |
10. Practical Tips for Practitioners
- Check the CENOMAR trail early. Prosecutors habitually include PSA certifications; defense counsel should verify authenticity and dates.
- Validate the judge’s probable-cause order. A bare rubber-stamp order is quashable; request the records.
- Coordinate with PNP Warrant Sections. For complainants, periodic follow-up accelerates service; provide photo and last-known address.
- Advise clients on immigration holds. Even before arrest, a complainant may petition DOJ for an ILBO; conversely, defense can pre-emptively seek court clearance to travel.
- Mind prescription but remember tolling. If the accused has been out of the Philippines, clock stops; gather immigration stamps to prove or negate flight.
- Prepare for bail right away. Because bigamy is bailable, negotiated surrender with bail-ready documents often spares the client from detention.
11. Conclusion
Enforcing a bigamy warrant in the Philippines is a textbook application of Rule 112 probable-cause review plus Rule 113 warrant mechanics, overlaid with the unique substantive rule that even a void first marriage needs a court decree before one can marry again. For counsel, the battleground usually shifts from issuance (easy for the prosecution) to service, bail, and motions to quash. Meanwhile, complainants should manage expectations: bigamy is an afflictive felony but bailable and, in practice, arrests hinge on diligent police follow-through and immigration monitoring. Mastering these procedural—and often tactical—layers is key to either securing swift service of a warrant or protecting an accused’s constitutional rights.