(Philippine legal context; practical and procedural guide)

Disclaimer: This is general legal information, not legal advice. Family and criminal cases are fact-sensitive; consult a Philippine lawyer or the Public Attorney’s Office (PAO) if you qualify.

1) The Two Problems, Legally Speaking

When people say:

“My spouse remarried while still married to me,” that is commonly Bigamy (a criminal case).
“My spouse stopped sending money / refuses to provide for me or our children,” that can be pursued as:
1. Civil action for support (Family Court), and/or
2. A criminal case under VAWC (R.A. 9262) when the complainant is a woman or the child is the victim (economic abuse through deprivation of support), and/or
3. Related family cases (e.g., legal separation, custody/visitation, protection orders).

You can file both bigamy and non-support-related cases if facts support each—these are separate causes of action.

2) BIGAMY (Criminal Case)

A. What bigamy is

Bigamy is committed when a person who is already legally married contracts a second (or subsequent) marriage before the first marriage is legally dissolved or declared void by a court, or before the spouse is judicially declared presumptively dead (when applicable).

Key point people often miss

Even if someone believes the first marriage is “void,” Philippine law generally requires a judicial declaration of nullity before remarrying, otherwise bigamy exposure can arise.

B. Elements you generally must prove

While exact phrasing varies by practice, bigamy usually requires proof that:

The offender has a first valid marriage;
That first marriage has not been legally dissolved (no final annulment/nullity, no final divorce recognized in PH where applicable, no death, no judicial presumptive-death declaration under Family Code rules);
The offender contracted a second marriage; and
The second marriage has the appearance of a marriage (i.e., celebrated/registered as such).

C. Common evidence checklist

You usually build the case using documents like:

PSA Marriage Certificate (your marriage)
PSA Marriage Certificate (the second marriage, if you can obtain it)
CENOMAR / Advisory on Marriages (to show marriage records; exact PSA document used depends on PSA’s current formats)
Proof you and respondent are the same persons in the records (IDs, birth certificates)
Any communications admitting the second marriage (messages, photos of wedding, invitations, remittance records showing spouse’s identity details, etc.)

If you don’t have the second marriage certificate

You can still start by:

Requesting PSA records under the spouse’s full name and details
Using secondary evidence (photos, social media posts, admissions, witnesses) and later supplementing once the PSA copy is available

D. Where and how to file (procedure)

1) You file a criminal complaint with the Office of the City/Provincial Prosecutor

You submit a Complaint-Affidavit narrating facts chronologically.
Attach supporting documents and witness affidavits.

2) Preliminary Investigation

The prosecutor issues a subpoena to the respondent (to last known address; overseas status does not automatically stop the process).
If probable cause is found, the prosecutor files an Information in court.

3) Court case

Once in court, the court may issue processes (including warrants if circumstances justify).

E. Venue (where to file)

Typically filed where the second marriage was celebrated/registered or where an essential element occurred. In practice, many file where the second marriage took place because records and witnesses are there.

F. “But my spouse is an OFW—will the case move?”

Yes, cases can proceed even if the respondent is abroad, as long as:

The prosecutor can attempt service to the last known address; and
The case is otherwise supported by evidence.

Practical reality: arrest and actual trial participation may be delayed until the respondent returns or is within Philippine jurisdiction, but filing early preserves evidence and starts the process.

G. Possible defenses and complications you should anticipate

Bigamy litigation often turns on technicalities. Examples:

Identity issues (same-name problems; need to match identity precisely)
Validity questions about the first marriage (void/voidable; lack of license; authority of solemnizing officer; etc.)
Annulment/nullity timing (if the first marriage was declared void/annulled only after the second marriage, that usually doesn’t automatically erase bigamy exposure)
Presumptive death (remarriage based on a spouse’s absence requires a court declaration before remarrying under Family Code rules; without it, risk remains)

H. Expected outcomes (in plain terms)

If strong proof exists and no legal bar applies, the case can lead to prosecution and conviction.
If records are incomplete, the case may be dismissed or require additional evidence.

3) NON-SUPPORT: Your Legal Options

“Non-support” isn’t always pursued the same way. In the Philippines, you usually choose among civil enforcement and criminal/protective remedies (especially under VAWC).

A. Who is entitled to support

Under Philippine family law principles:

Children are entitled to support from parents (legitimate or illegitimate, though proof of filiation matters).
A spouse may be entitled to spousal support during the marriage, depending on circumstances (and subject to factual issues like capacity to work, resources, and marital situation).

“Support” generally includes necessities: food, shelter, clothing, education, medical needs, and other needs consistent with the family’s means.

B. Option 1: Civil case for Support (Family Court)

What it is

A petition/case asking the court to order the spouse to provide monthly support, and often support pendente lite (temporary support while the case is pending).

Where to file

Typically in the Family Court (RTC designated as Family Court) where:

the petitioner resides, or
the respondent resides, depending on procedural rules and case type.

Strengths

Direct remedy to obtain a support order.
Can be paired with requests for support pendente lite for immediate relief.

Limitations with an OFW respondent

Enforcement is easiest against assets in the Philippines (bank accounts, real property, vehicles, business interests).
Enforcement against foreign-based salary can be difficult unless there are attachable assets or cooperation mechanisms; however, a Philippine order can still matter for later enforcement and for leverage when the respondent returns or has Philippine assets.

C. Option 2: Criminal case and Protection Orders under VAWC (R.A. 9262)

If the complainant is a woman (wife, former wife, partner) or the child is the victim, refusal or withdrawal of financial support can constitute economic abuse in many real-world scenarios.

Why VAWC is often used for non-support

VAWC provides:

Criminal accountability for acts of violence, including economic abuse; and
Protection Orders that can include financial support, “stay away” provisions, and other relief.

Types of Protection Orders

Commonly:

Barangay Protection Order (BPO) – immediate, limited scope
Temporary Protection Order (TPO) – from court for temporary relief
Permanent Protection Order (PPO) – after hearing

Important procedural advantage

VAWC cases are generally treated with urgency; protection orders can provide faster interim relief than ordinary civil suits in some situations.

Where to file VAWC

You can usually file with:

The police (VAWC desk),
The prosecutor’s office, and/or
The court for protection orders,

often in the place where the complainant resides or where the acts/effects of violence occurred (rules are designed to be victim-accessible).

If the spouse is abroad

You can still file. The case and protection order process can move; practical enforcement against a person abroad varies, but orders can attach to assets in the Philippines, and can have consequences when the respondent returns.

D. Option 3: Related cases you may need (depending on facts)

Petition to establish filiation (especially for illegitimate children) if the father disputes paternity
Custody and visitation arrangements
Legal separation on grounds that can include abandonment/non-support (note: legal separation does not allow remarriage, but can address support/property issues)
Nullity/annulment if you are separately trying to end the marital bond (this is separate from bigamy/non-support remedies)

4) Strategy: How People Commonly Combine Remedies

A practical approach often looks like this:

Scenario A: Spouse remarried + stopped support

Bigamy complaint at the prosecutor’s office (for the remarriage), and
VAWC (economic abuse) + Protection Order (for immediate financial relief), and/or
Civil support case if you want a durable, court-supervised support arrangement.

Scenario B: No second marriage proof yet + no support

Start with VAWC/civil support for immediate needs
Continue gathering evidence for bigamy (PSA documents, witnesses) and file once you can establish the second marriage with credible proof

5) Practical Step-by-Step Guide (What to Do First)

Step 1: Gather your “core packet”

Your valid ID
Proof of relationship: marriage certificate, children’s birth certificates
Proof of non-support: remittance history, bank records, money transfer receipts showing stoppage, chat messages refusing support, school/medical bills unpaid
Proof of the spouse’s identity and work details abroad (contract info, employer, deployment details, last known PH address, passport info if available)

Step 2: Write a clean timeline

Courts/prosecutors respond well to a clear chronology:

Date of marriage
Dates of cohabitation/separation
When support stopped (exact month/year)
Discovery of second marriage (how/when)
Any admissions, threats, or conditions imposed for support

Step 3: Choose your filing path

For bigamy: Office of the Prosecutor (criminal complaint)
For immediate support & protection: VAWC desk/prosecutor/court for protection order
For stable monthly support order: Family Court civil case

Step 4: Prepare affidavits properly (especially if you’re abroad too)

If the complainant is also abroad, you can execute affidavits via:

Philippine embassy/consulate notarization (common route), or
Other lawful notarization methods recognized for Philippine proceedings (your lawyer can advise what your local jurisdiction allows and what Philippine offices accept).

Step 5: Expect “address and service” issues—plan for them

For OFW respondents, always provide:

Last known PH address
Overseas address (if known)
Contact numbers/emails/socials (as leads) This helps the prosecutor/court document attempts at notice.

6) Common Mistakes That Weaken Cases

For bigamy

Filing without securing official PSA documents (or without a plan to obtain them)
Relying only on screenshots/social media without authentication or corroboration
Assuming “void first marriage” is automatically a defense without a prior court declaration

For non-support

Not documenting the amounts, frequency, and date support stopped
Not showing the child’s/spouse’s actual needs (tuition, medical, rent, utilities)
Choosing only a criminal route when a civil support order (or protection order with financial support) would provide faster, concrete relief

7) What You Can Realistically Expect When the Respondent is Abroad

Filing is possible and often advisable while evidence is fresh.
The case can progress through investigation and even reach court.
Enforcement and attendance are the hard parts if the respondent stays overseas.
Remedies are strongest against:
- Philippine-based property/assets, and
- Respondent’s presence when they return to the Philippines.

8) What to Bring to a Lawyer (or PAO) to Move Fast

Bring:

PSA marriage certificate (and second marriage certificate if available)
Birth certificates of children
One-page timeline
Proof of non-support (bank/remittance records, demands, refusals)
OFW details (country, employer, deployment info, last PH address)
Any proof of the second marriage (even preliminary: photos, invitations, witness names, location)

This lets counsel quickly decide:

whether bigamy is file-ready,
whether VAWC economic abuse fits your facts, and
what immediate support mechanism is most effective in your situation.

9) If You Want, Here’s a Ready Outline You Can Use for Your Complaint-Affidavit (Bigamy + Non-Support Facts)

You can structure your narrative like this:

Personal circumstances (your name, respondent’s name, addresses)
Fact of first marriage (date/place; attach PSA certificate)
Children and support arrangement history
When and how support was withdrawn/refused (attach proof)
Discovery of second marriage (date/place; attach PSA second marriage proof or describe evidence and witnesses)
Statement that no lawful dissolution/nullity existed before second marriage (to your knowledge; attach relevant proof if available)
Prayer for prosecution (bigamy) and/or for appropriate action for non-support remedies (depending on filing office)

If you share (1) whether you are the wife or husband, (2) whether there are children, and (3) what country your spouse works in, I can draft a clean, court-ready factual timeline and checklist of attachments tailored to your situation (without inventing facts).