Filing Bigamy and Non-Support Complaints Against Overseas Filipino Workers (OFWs) in the Philippines

Introduction

In the Philippines, family law and criminal law intersect in complex ways, particularly when dealing with Overseas Filipino Workers (OFWs) who may be accused of bigamy or non-support. Bigamy involves entering into a second marriage while the first remains valid, constituting a criminal offense under the Revised Penal Code. Non-support, on the other hand, refers to the failure to provide financial or material assistance to one's family, which can be addressed through civil or criminal remedies under the Family Code and related statutes. When the accused is an OFW residing or working abroad, additional procedural hurdles arise due to jurisdictional issues, international service of process, and the involvement of government agencies like the Department of Foreign Affairs (DFA) and the Philippine Overseas Employment Administration (POEA). This article provides a comprehensive overview of the legal framework, filing procedures, evidentiary requirements, potential defenses, penalties, and practical considerations for pursuing such complaints in the Philippine context.

Legal Basis for Bigamy

Bigamy is defined under Article 349 of the Revised Penal Code (RPC) as the act of contracting a second or subsequent marriage before the former marriage has been legally dissolved, or before the absent spouse has been declared presumptively dead under the provisions of the Civil Code. For the offense to be consummated, the following elements must be present:

A valid first marriage: The initial marriage must be legally recognized and subsisting at the time of the second marriage.
Contracting a second marriage: The accused must enter into another marriage ceremony that would be valid if not for the existing prior marriage.
Knowledge of the subsisting marriage: The offender must be aware of the invalidity due to the prior union.

In the Philippine legal system, marriages are governed by the Family Code of the Philippines (Executive Order No. 209), which emphasizes the sanctity of marriage. Bigamy is a public crime, meaning it can be prosecuted by the state even without a private complainant's initiative, though complaints are often filed by the aggrieved spouse.

For OFWs, bigamy cases frequently arise when a Filipino worker marries abroad without dissolving their Philippine marriage, or when they remarry in the Philippines upon return while concealing a foreign marriage. The Supreme Court has ruled in cases like People v. Zapanta (G.R. No. L-1268, 1950) that the offense is committed where the second marriage takes place, establishing territorial jurisdiction.

Legal Basis for Non-Support

Non-support is primarily addressed under Article 195 of the Family Code, which imposes a duty on spouses and parents to provide support to each other and their children, including food, clothing, medical care, education, and shelter proportionate to their means. Failure to provide such support without justifiable cause constitutes a violation.

Additionally, Republic Act No. 9262, the Anti-Violence Against Women and Their Children Act of 2004 (VAWC), criminalizes economic abuse, which includes withholding financial support or preventing the victim from engaging in legitimate economic activities. This law provides broader protection, especially for women and children, and allows for the issuance of protection orders.

Non-support can be pursued as:

A civil action for support under the Family Code, seeking court-ordered payments.
A criminal complaint under the RPC (Article 194, though rarely used) or RA 9262 for economic abuse.

For OFWs, non-support complaints often stem from abandonment after migration, where the worker fails to remit earnings despite contractual obligations under POEA rules, which mandate allotments for family support.

Jurisdiction and Venue for Filing Complaints

For Bigamy

Jurisdiction: The Regional Trial Court (RTC) has exclusive original jurisdiction over bigamy cases, as it is punishable by imprisonment exceeding six years.
Venue: The complaint may be filed in the place where the second marriage was contracted, where the offender resides, or where the offended party resides (under Rule 110, Section 15 of the Rules of Court).
Against OFWs: If the OFW is abroad, the Philippine court retains jurisdiction over Filipinos for crimes committed abroad if the act affects Philippine interests (Article 2, RPC). However, extradition may be required if the accused does not return.

For Non-Support

Jurisdiction: For civil support actions, the Family Court or RTC acting as such. For criminal non-support under RA 9262, the Metropolitan Trial Court (MeTC), Municipal Trial Court (MTC), or RTC depending on the penalty.
Venue: Generally, the residence of the plaintiff or defendant, or where the child resides.
Against OFWs: Courts can exercise jurisdiction even if the OFW is abroad, as family obligations are enforceable under Philippine law. The DFA and Philippine embassies can assist in service.

Procedures for Filing Complaints

Filing a Bigamy Complaint

Gather Evidence: Essential documents include marriage certificates (from the Philippine Statistics Authority or PSA), proof of the second marriage (e.g., foreign marriage certificate authenticated by the DFA), affidavits from witnesses, and evidence of the offender's knowledge.
File Preliminary Complaint: Submit a sworn complaint-affidavit to the Office of the City or Provincial Prosecutor for preliminary investigation. Include supporting documents.
Preliminary Investigation: The prosecutor determines probable cause. If found, an information is filed in court.
Arraignment and Trial: If the OFW is abroad, a warrant of arrest may be issued, and international cooperation sought via the Department of Justice (DOJ) for extradition under treaties like those with the US or ASEAN countries.
Special Considerations for OFWs: The Migrant Workers and Overseas Filipinos Act (RA 8042, as amended by RA 10022) provides protections, but does not immunize against criminal liability. The POEA may suspend deployment if a complaint is pending.

Filing a Non-Support Complaint

Under Family Code (Civil): File a petition for support in the Family Court. Provide evidence of relationship (birth certificates, marriage certificate), financial needs, and the offender's capacity (e.g., employment contract, remittances).
Under RA 9262 (Criminal): File a complaint with the barangay for conciliation, or directly with the prosecutor if violence is involved. Seek a Temporary Protection Order (TPO) or Permanent Protection Order (PPO) to compel support.
Evidence Requirements: Bank statements showing lack of remittances, affidavits from dependents, and the OFW's overseas employment contract (OEC) which often includes allotment provisions.
Against OFWs: Service of summons can be done via substituted service or through Philippine consulates. The Overseas Workers Welfare Administration (OWWA) may assist in locating the OFW and enforcing support through garnishment of wages.

Evidentiary Requirements and Challenges

Common Evidence: PSA-certified documents, witness testimonies, electronic evidence (e.g., emails admitting bigamy or non-support under RA 10640, the Electronic Evidence Rule).
Challenges with OFWs:
- Service of Process: Use of international mail, publication, or DFA channels under the Hague Service Convention (if applicable).
- Authentication of Foreign Documents: Foreign marriage certificates must be apostilled or authenticated by the Philippine embassy.
- Defenses: For bigamy, the offender may claim the first marriage was void (e.g., due to psychological incapacity under Article 36, Family Code). For non-support, justifications like unemployment or mutual agreement.
- Cultural and Practical Issues: OFWs may face difficulties returning for trial, leading to delays. Complainants often rely on free legal aid from the Public Attorney's Office (PAO) or Integrated Bar of the Philippines (IBP).

Penalties and Remedies

Bigamy

Penalty: Prision mayor (6 years and 1 day to 12 years imprisonment).
Civil Consequences: The second marriage is void ab initio, potentially leading to annulment proceedings and property disputes.

Non-Support

Under Family Code: Court-ordered support payments, with contempt for non-compliance.
Under RA 9262: Imprisonment from 1 month to 12 years, fines up to PHP 300,000, and mandatory psychological counseling.
Remedies for Complainants: Attachment of properties, wage garnishment via OWWA, or claims against the OFW's recruitment agency for joint liability.

Special Considerations for OFWs

OFWs are protected under RA 8042, which mandates government assistance, but this does not extend to shielding from family law violations. The DFA's Assistance-to-Nationals (ATN) fund may help in legal matters abroad, but complainants can seek help from the Inter-Agency Council Against Trafficking (IACAT) if abandonment involves exploitation. In cases of bigamy abroad, dual citizenship or foreign divorce recognition (not valid in the Philippines unless initiated by the foreigner spouse under Article 26, Family Code) complicates matters.

Complainants should consider alternative dispute resolution, such as mediation through the Philippine Mediation Center, to avoid protracted litigation. For indigent parties, RA 9999 provides free legal representation.

Conclusion

Filing bigamy and non-support complaints against OFWs requires navigating a multifaceted legal landscape that balances family protection with the realities of overseas employment. While the Philippine legal system provides robust mechanisms for enforcement, success depends on thorough documentation, timely action, and awareness of international elements. Aggrieved parties are encouraged to consult with legal professionals to tailor strategies to their specific circumstances, ensuring justice while minimizing emotional and financial strain.