Introduction

In the Philippines, bigamy is a criminal offense that strikes at the heart of the institution of marriage, which is constitutionally protected as the foundation of the family. Defined under Article 349 of the Revised Penal Code (RPC), bigamy occurs when a person contracts a second or subsequent marriage while a prior valid marriage subsists, without the prior marriage being legally dissolved or the absent spouse declared presumptively dead. This article explores the intricacies of filing bigamy charges, particularly in scenarios involving multiple marriages, within the Philippine legal framework. It covers the legal elements, procedural aspects, exceptions, defenses, and implications for those involved, providing a comprehensive overview for legal practitioners, affected parties, and the general public.

The Philippine legal system treats marriage as a special contract of permanent union, governed by the Family Code of the Philippines (Executive Order No. 209, as amended). Bigamy undermines this permanence, leading to criminal liability. In cases of multiple marriages—such as a person entering into three or more unions without dissolving the previous ones—each subsequent marriage can potentially give rise to separate bigamy charges, compounding the legal consequences.

Legal Definition and Elements of Bigamy

To establish bigamy, the prosecution must prove four essential elements beyond reasonable doubt:

Existence of a Prior Valid Marriage: The accused must have been legally married at the time of the subsequent marriage. This marriage must be valid under Philippine law, meaning it complies with the requisites under Article 2 of the Family Code: legal capacity, consent, authority of the solemnizing officer, a valid marriage license (except in exempted cases), and a marriage ceremony.
Subsistence of the Prior Marriage: The first marriage must not have been legally terminated. Termination can occur through death, annulment, declaration of nullity, or a judicial declaration of presumptive death under Article 41 of the Family Code (after an absence of at least four years under ordinary circumstances or two years in cases of danger).
Contracting a Subsequent Marriage: The accused enters into another marriage. In multiple marriage scenarios, each additional marriage beyond the first valid one constitutes a potential separate offense if the prior marriages remain undissolved.
Validity of the Subsequent Marriage: The second or subsequent marriage must possess all the essential requisites for validity. If the subsequent marriage is void ab initio (e.g., due to lack of a marriage license or bigamous nature itself), no bigamy charge may lie, as the crime requires a seemingly valid second marriage. However, courts have held that the validity is presumed unless proven otherwise, shifting the burden in some cases.

In multiple marriage scenarios, the chain of offenses can be complex. For instance, if A marries B (valid), then marries C while married to B, and then marries D while still married to B and C, the marriages to C and D are each bigamous relative to the first. Prosecutors may file separate counts for each subsequent marriage, leading to multiple convictions if proven.

Multiple Marriage Scenarios and Their Implications

Bigamy charges often arise in various factual contexts, particularly when individuals attempt to maintain multiple marital relationships. Common scenarios include:

Serial Marriages Without Dissolution: An individual marries repeatedly, often in different jurisdictions within the Philippines or abroad, without annulling or nullifying prior unions. Each new marriage can be charged separately, but the prosecution must link them to the subsisting first marriage. For example, if the second marriage is contracted in Manila and the third in Cebu, venue considerations come into play.
Marriages Involving Absent Spouses: If a spouse disappears and is not declared presumptively dead, any subsequent marriage is bigamous. In multiple scenarios, repeated remarriages without proper declaration amplify liability. The Family Code requires a summary proceeding for presumptive death before remarriage, and failure to comply invites charges.
Marriages with Foreign Elements: Filipinos marrying abroad while a Philippine marriage subsists can face bigamy charges upon return, as Philippine law applies to citizens extraterritorially under Article 15 of the Civil Code. Multiple foreign marriages compound this, potentially involving international legal cooperation for evidence gathering.
Polygamous Intentions Among Non-Muslims: For non-Muslim Filipinos, any attempt at polygamy is strictly prohibited and treated as bigamy. In contrast, under Presidential Decree No. 1083 (Code of Muslim Personal Laws), Muslim males may contract up to four marriages simultaneously, provided they can deal justly with all wives and obtain consent where required. However, this exception does not apply to non-Muslims or conversions solely to enable polygamy, which courts may scrutinize for bad faith.
Bigamy in Cohabitation or Common-Law Setups: Mere cohabitation without a valid marriage ceremony does not constitute bigamy. However, if multiple "marriages" involve ceremonies, even informal ones meeting legal requisites, charges may apply.

In all these scenarios, the discovery of multiple marriages often stems from civil registry checks, spousal complaints, or inheritance disputes, highlighting the importance of due diligence in marital status verification.

Procedure for Filing Bigamy Charges

Bigamy is a public crime under the RPC, prosecutable by the state even without a private complaint, though typically initiated by the offended party (usually the first spouse). The filing process involves:

Complaint Filing: The offended spouse or any person with knowledge may file a sworn complaint with the Office of the City or Provincial Prosecutor. In multiple marriage cases, the complaint should detail all known marriages, including dates, places, and parties involved, supported by evidence like marriage certificates from the Philippine Statistics Authority (PSA).
Preliminary Investigation: The prosecutor conducts an investigation to determine probable cause. Respondents may submit counter-affidavits. If probable cause exists, an information is filed in the Regional Trial Court (RTC), as bigamy falls under its jurisdiction.
Venue and Jurisdiction: Charges may be filed where the offense was committed (i.e., where the subsequent marriage was contracted) or where the accused resides, per Section 15 of Rule 110 of the Rules of Court. In multiple scenarios, separate cases may be filed in different venues, though consolidation is possible for efficiency.
Evidence Requirements: Key documents include PSA-certified marriage contracts, witness testimonies, and proof of subsistence of prior marriages. In multiple cases, a chain of evidence linking all marriages is crucial.
Bail and Arraignment: Bigamy is bailable, with bail amounts set by the court. Arraignment follows, leading to trial if no plea bargain.

The offended spouse's pardon or consent can extinguish criminal liability if given before the institution of the criminal action, under Article 344 of the RPC. However, in multiple scenarios, pardon by one spouse does not affect charges related to others.

Defenses and Exceptions

Defendants in bigamy cases may raise several defenses:

Invalidity of Prior or Subsequent Marriage: Proving any marriage void (e.g., due to psychological incapacity under Article 36 of the Family Code) can negate the charge.
Good Faith Belief in Dissolution: If the accused reasonably believed the prior marriage was dissolved (e.g., based on erroneous legal advice), this may mitigate liability, though not always absolve it.
Presumptive Death: A valid judicial declaration excuses remarriage.
Muslim Law Exception: Applicable only to bona fide Muslims under PD 1083; conversions for convenience are invalid.
Prescription: The offense prescribes in 15 years from discovery, not commission, per Article 90 of the RPC. In multiple marriages, each has its own prescription period.

Courts have ruled that bigamy is a continuing crime, but prescription runs from discovery by the offended party or authorities.

Penalties and Legal Consequences

Upon conviction, the penalty is prision mayor (6 years and 1 day to 12 years imprisonment). In multiple convictions, sentences may run concurrently or consecutively, depending on court discretion. Accessory penalties include civil interdiction and perpetual disqualification from public office.

Civil consequences include the nullity of subsequent marriages, affecting property regimes, child legitimacy (children from void marriages are illegitimate but entitled to support), and inheritance rights. The bigamous spouse may face civil damages claims.

Conclusion

Filing bigamy charges in multiple marriage scenarios underscores the Philippine legal system's commitment to monogamy and family integrity. These cases require meticulous evidence gathering and navigation of procedural nuances, often intersecting with family law. Parties involved should seek legal counsel early to address potential charges or defenses. Ultimately, adherence to marriage dissolution procedures prevents such entanglements, promoting societal stability.