Here’s a practical, plain-English guide to filing (or defending) a bigamy case in the Philippines. It’s comprehensive but still readable. This is general information, not legal advice—cases turn on details, so consult counsel before acting.

Bigamy at a glance

Crime defined. Bigamy is contracting a second or subsequent marriage while a prior valid marriage still subsists or the prior spouse has not been judicially declared presumptively dead. It’s punished under Article 349 of the Revised Penal Code (RPC) with prisión mayor (6 years and 1 day to 12 years), plus accessory penalties.
Core idea. The law protects the monogamous character of marriage under the Family Code. If you’re still married, you cannot marry again unless you first secure a court judgment that ends your legal capacity to marry (e.g., decree of nullity, annulment, recognition of a qualifying foreign divorce, or judicial declaration of presumptive death—whichever the law actually allows for your situation).

Elements the Prosecution Must Prove (all four)

A first, valid marriage—legally celebrated with the essential and formal requisites (e.g., consent, authority of solemnizing officer, license unless exempt, ceremony).
That first marriage has not been legally dissolved (no final decree of nullity/annulment/valid divorce recognized in PH) or the first spouse has not been judicially declared presumptively dead.
The accused contracted a second or subsequent marriage.
The second marriage would have been valid were it not for the subsisting first marriage (i.e., the defect is precisely the lack of capacity due to the first marriage).

Notes from jurisprudence, boiled down:

A void first marriage generally still requires a prior judicial declaration of nullity (Family Code, Art. 40) before you are capacitated to remarry. Absent that, marrying again risks bigamy even if the first marriage later gets declared void.

Exception-type scenarios exist (e.g., there was no real first “marriage” at all—like no ceremony or the parties never personally appeared), but these are very fact-specific.

A later declaration of nullity or annulment of either marriage usually does not erase bigamy committed at the time the second marriage was celebrated.

For presumptive death (Family Code, Art. 41), you need a judicial declaration first. A mere belief that a spouse is dead is insufficient.

Who may file, where to file, and which court hears the case

Who may complain: Bigamy is a public offense. Any person with knowledge (often the first spouse) may file a complaint-affidavit with the City/Provincial Prosecutor for preliminary investigation (PI).
Venue (criminal action): File where the second marriage was celebrated (that’s where an essential element occurred).
Jurisdiction: Since bigamy is punished by prisión mayor, the Regional Trial Court (RTC) tries the case (after PI and the filing of an Information).

Evidence: What works in practice

Documentary bedrock (PSA-certified):

PSA Certificate of Marriage (first marriage).
PSA Certificate of Marriage (second marriage).
(If applicable) PSA CENOMAR/CEMAR prints that reflect marital events.
Absence of dissolution: No decree of nullity/annulment/recognition of foreign divorce; no judicial declaration of presumptive death—shown via certified copies, court certifications, or testimony.
Proof both spouses were alive at the time of the second marriage (e.g., IDs, recent records, testimony).

If the accused relies on capacity to remarry, attach:

Final judgment of nullity/annulment rendered before the second marriage (with Entry of Judgment).
Judicial recognition of a qualifying foreign divorce (final judgment + foreign law proved + Entry of Judgment), secured before the second marriage.
Judicial declaration of presumptive death (final, pre-second marriage).

Witnesses:

First spouse (to prove subsistence and lack of dissolution).
Civil registrar/PSA custodian (to authenticate records, if needed).
Officiant or registrar for the second marriage (to prove celebration and entries).
Other witnesses who can prove cohabitation, awareness, concealment, or the timeline.

For foreign documents:

Ensure Apostille (or consular legalization, if applicable at the time of issuance) and official translations.

Filing a Bigamy Case: Step-by-step

Build your file. Gather PSA-certified copies of both marriage certificates; IDs; proof your first marriage has not been dissolved; any communications admitting the second marriage; photos; witness statements.
Draft a Complaint-Affidavit.
- Identify the two marriages (dates, places, officiants).
- Allege that the first marriage subsists (no decree; spouse is alive; no presumptive-death judgment).
- Attach Annexes: PSA docs, IDs, proof of residence/venue, etc.
File with the Office of the City/Provincial Prosecutor (venue of second marriage). Pay minimal filing fees if any and secure docket number.
Preliminary Investigation (PI).
- Prosecutor issues subpoena; respondent files counter-affidavit and annexes.
- Optional reply/rejoinder; clarificatory hearings may be set.
- Prosecutor resolves PI: either dismissal (no probable cause) or Information for bigamy is filed in the RTC.
In Court (RTC).
- Warrant or summons; bail (bailable as a matter of right before conviction).
- Arraignment → Pre-trial (stipulations on documents save time) → Trial.
- Prosecution evidence (documents and witnesses) → Defense evidence (e.g., prior judicial decree, good-faith defenses).
- Decision → possible appeal.

Defenses commonly raised (and how courts treat them)

There was never a first marriage. If the supposed first marriage never happened as a legal act (e.g., no ceremony or the parties never personally appeared), the first element fails. This is rare and fact-intensive.
First marriage was void, so I was free to marry. Under Art. 40 (Family Code), a void marriage generally must first be judicially declared void before you may remarry. Marrying again without that prior judgment risks bigamy, even if a court later declares the first marriage void. Limited exceptions exist (see above), but don’t bank on them.
Second marriage was void anyway. The crime targets the act of contracting while disqualified. That the second marriage is later declared void (e.g., psychological incapacity) usually does not negate bigamy already consummated.
I thought my spouse was dead. Art. 41 requires a prior judicial declaration of presumptive death based on a well-founded belief. Without that judgment before the second marriage, the defense typically fails.
I have a foreign divorce. A foreign divorce may capacitate a Filipino to remarry only if it fits Art. 26(2) (at least one spouse was a non-Filipino at the time of divorce), and a Philippine court has recognized that divorce before the second marriage. Otherwise, capacity is lacking.
Good faith reliance on a final court judgment. If, before the second marriage, the accused relied on a final and executory decree (annulment/nullity/recognition of foreign divorce/presumptive death), that can defeat the charge.
Prejudicial question? A pending nullity/annulment case does not usually suspend a bigamy case. What matters is capacity at the time of the second marriage.

Penalties, prescription, and collateral issues

Penalty: Prisión mayor (6 years and 1 day to 12 years) + accessory penalties.
Prescription: As a rule, crimes punishable by prisión mayor prescribe in 15 years. For bigamy, the period generally runs from discovery of the second marriage by the offended party or authorities (RPC Art. 91).
Civil status: A criminal conviction does not automatically cancel the second marriage record; file a separate Family Court case to declare the bigamous marriage void and correct civil registry entries.
Property/support: Bigamous unions create no absolute community or conjugal partnership; however, property and child support/filial relations are handled under the Family Code and special provisions on void marriages and children’s rights.

Special situations

Muslim personal law (P.D. 1083). A Muslim husband may, under strict conditions, contract additional marriages, subject to substantive (e.g., capacity, equal treatment) and procedural (often court involvement) requirements. Conversion to Islam to evade a civil first marriage does not legitimize a second marriage. If the requirements of P.D. 1083 and jurisdiction of the Shari’a courts are not met, bigamy may still apply.
Marriages abroad. A marriage valid where celebrated is generally valid here, subject to Philippine public policy. For capacity to remarry after a foreign divorce, you still need a PH court’s recognition of that divorce before marrying again.

Practical checklists

For a complainant (first spouse or other interested party)

PSA marriage certificate of first marriage (certified).
PSA marriage certificate of second marriage (certified).
Proof that no decree dissolved the first marriage (no final judgment/recognition/presumptive death).
Evidence both spouses were alive when the second marriage happened.
Venue proof (second marriage took place in ___).
Witness statements, photos, messages, admissions.
Complaint-Affidavit with annexes, properly notarized.

For an accused (or counsel)

Was there a final, pre-second-marriage decree (nullity/annulment/recognition/presumptive death)? Get certified copies + Entry of Judgment.
Is the “first marriage” actually nonexistent (no ceremony/authority)? Gather solid proof.
Any fatal defects in the prosecution’s documents (e.g., uncertified copies, wrong venue, lack of an element)? Consider a motion to quash or dismissal for lack of probable cause.
Prepare for bail; preserve appellate remedies.

Frequently asked questions

Q: Can the “second spouse” be prosecuted? A: The principal statutory offender is the person with the prior subsisting marriage. However, the second spouse may face liability if proven to have conspired (knowingly cooperating in contracting the bigamous marriage). Officiants may face separate liability for unlawful marriages.

Q: Do I need a civil case first before filing bigamy? A: No. Bigamy is independent of civil actions. But to remarry lawfully, you first need the appropriate court judgment changing your status/capacity.

Q: What if the second marriage used a fake CENOMAR? A: That may support falsification charges in addition to bigamy.

Q: Is bigamy a continuing crime? A: It’s consummated upon the celebration of the second marriage. For prescription, the clock generally starts upon discovery by the offended party/authorities.

Simple Complaint-Affidavit template (adapt to your facts)

Complaint-Affidavit for Bigamy (Art. 349 RPC) I, [Name], Filipino, of legal age, residing at [address], after having been duly sworn, depose:

That I am legally married to [Accused] under a marriage celebrated on [date] in [city], per PSA Certificate of Marriage (Annex “A”). Our marriage has not been legally dissolved; no court has issued a decree of nullity/annulment or declaration of presumptive death.

That on [date], [Accused] contracted a second marriage with [Second Spouse] in [city], per PSA Certificate of Marriage (Annex “B”).

At the time of the second marriage, I was alive, and our first marriage still subsisted. [Accused] had no prior judicial declaration of presumptive death or other decree restoring capacity to remarry.

Attached are documents and evidence supporting these facts (Annexes “A” to “__”). I execute this affidavit to charge [Accused] with Bigamy under Article 349 RPC. [Signature] [Jurat/Notarization]

Smart tips

Authenticate early. Use PSA-certified records. Court stipulations during pre-trial can shorten trial.
Mind the timeline. Whether a decree existed before the second marriage is often decisive.
Don’t rely on later civil rulings to “cure” an already bigamous act.
Foreign divorces help only after PH judicial recognition and only in cases allowed by law.
When in doubt, get advice—the interplay of the RPC, Family Code, and jurisprudence is technical.

If you want, I can turn this into a printable checklist or fillable affidavit you can edit in Word—just say the word and I’ll generate the file.