1) What “polygamy” means in Philippine law terms

Polygamy generally means being married to more than one spouse at the same time. It can take different forms:

Polygyny: one man married to multiple women
Polyandry: one woman married to multiple men
Plural marriage: any structure involving multiple spouses

In the Philippines, the legal system is built around monogamy as the default rule—one spouse at a time—so “polygamy” is usually discussed through two legal lenses:

Civil validity of marriages (Family Code), and
Criminal liability for marrying again while still married (Revised Penal Code on bigamy).

2) The general rule: polygamy is not legal for most people

A. Civil law: a second marriage while the first is still valid is void

Under the Family Code, a marriage is void if it is bigamous/polygamous—meaning one party contracts a subsequent marriage while a prior valid marriage still exists—except in the specific situation allowed by law (discussed below under presumptive death).

In practical terms:

If you are already married under Philippine civil law and you “marry again,” the later marriage is void from the start.
“Void” does not mean “it never happened in real life”—it means the law treats it as having no legal effect as a marriage.

B. Foreign marriages don’t save a bigamous/polygamous setup

Even if a marriage is celebrated abroad, the Philippines generally recognizes foreign marriages only if they are not among the categories the Family Code excludes. Bigamous/polygamous marriages are excluded, so a plural marriage valid in another country is generally not treated as valid here.

3) The crime that polygamy usually triggers: Bigamy (Revised Penal Code, Art. 349)

Philippine criminal law does not mainly prosecute “polygamy” as a separate named offense; instead, it prosecutes bigamy, which covers a second or subsequent marriage while the first marriage is still in force.

A. Core idea

Bigamy is committed when a person who is already legally married contracts another marriage before the first is legally ended (or before a legal exception applies).

B. Penalty

Bigamy is punishable by prisión mayor (a serious penalty range under the Revised Penal Code).

C. When bigamy is “consummated”

The offense is generally considered complete upon the celebration of the subsequent marriage—the moment the second (or third, etc.) marriage is contracted. It does not require cohabitation afterward.

D. “But the second marriage is void anyway”—does that prevent bigamy?

Not automatically. A key point in Philippine practice is that criminal liability and civil validity are separate tracks:

A bigamous second marriage may be void, yet the act of contracting it may still be prosecuted as bigamy.

There are narrow situations where the “first marriage” may be shown to be non-existent (for example, there was no genuine marriage ceremony at all), which can affect criminal liability—but these are fact-sensitive and often litigated.

E. Who can file / complain?

Bigamy is treated as an offense against the State and the institution of marriage; in practice, complaints often come from the first spouse, but prosecution is in the name of the People of the Philippines.

4) Related crimes and legal exposure (often linked to “multiple-partner” situations)

Even where “polygamy” is not the label, multiple simultaneous relationships can trigger other liabilities:

A. Adultery and concubinage

These are separate crimes under the Revised Penal Code:

Adultery (traditionally charged against a married woman who has sexual relations with a man not her husband, and the man with her)
Concubinage (traditionally charged against a married man under specific aggravating circumstances defined by law)

These crimes are not about multiple marriages; they are about extramarital sexual relationships under defined conditions.

B. Offenses involving solemnizing officers or documents

Depending on circumstances, authorities may investigate:

Illegal marriage ceremonies (e.g., if a solemnizing officer knowingly performs an unlawful marriage)
Falsification / perjury (e.g., false statements in affidavits, applications, or civil registry documents)

5) No divorce for most Filipinos (and why that matters)

Because the Philippines generally does not allow divorce for most citizens, legal separation does not allow remarriage, and many marriages remain legally in force unless ended by:

Death
Annulment (voidable marriage) with a final court decree
Declaration of nullity (void marriage) with a final court judgment
A recognized foreign divorce in specific cases
Presumptive death procedure (for an absent spouse)

This is why “remarrying” without fixing the first marriage’s legal status often becomes a bigamy problem.

6) The most common “not polygamy” situations people confuse with polygamy

A. Legal separation ≠ freedom to remarry

A decree of legal separation does not dissolve the marriage bond. Contracting another marriage while legally separated can still trigger bigamy.

B. Annulment/nullity cases “pending” ≠ already free

Filing a case is not enough. Until there is a final court ruling (and, in practice, proper civil registry recording requirements are met), the prior marriage is generally treated as still legally existing for remarriage purposes.

C. “We’ve been separated for years” ≠ dissolution

Long separation alone does not end the marriage.

7) Lawful pathways to remarry (these are exceptions to bigamy, not “legal polygamy”)

These situations allow a new marriage without committing bigamy, because the first marriage is legally ended or a legal exception applies:

A. Death of a spouse

Once a spouse dies, the surviving spouse may remarry.

B. Annulment (voidable marriage) finalized

A voidable marriage is valid until annulled. Once a final decree of annulment is issued, remarriage becomes possible.

C. Declaration of nullity (void marriage) finalized — and the Article 40 rule

Even if a prior marriage is void, the Family Code provides that for purposes of remarriage, the void marriage must generally be judicially declared void first. This is why “I know it was void” is not a safe basis for remarriage without a court judgment.

D. Presumptive death of an absent spouse (Family Code, Art. 41)

A person may remarry if:

The spouse has been absent for the legally required period (commonly four years, or two years in circumstances of danger of death), and
The present spouse has a well-founded belief that the absent spouse is dead, and
The present spouse secures a judicial declaration of presumptive death.

If the missing spouse later reappears, the subsequent marriage can be affected (the law sets specific consequences depending on good faith/bad faith and the facts).

E. Recognition of a foreign divorce in mixed-nationality marriages (Family Code, Art. 26 and jurisprudence)

Where a marriage involves a Filipino and a foreign national, Philippine law recognizes (through a court process) certain foreign divorces such that the Filipino spouse may be allowed to remarry—after the foreign divorce is judicially recognized in the Philippines and properly recorded.

This is an exception that is often misunderstood: the foreign divorce must be proven and recognized in Philippine court proceedings before relying on it for remarriage within the Philippine legal system.

8) The major true exception: Muslim polygyny under the Code of Muslim Personal Laws (P.D. 1083)

A. The Philippines recognizes a distinct personal law system for Muslims

The Code of Muslim Personal Laws of the Philippines (Presidential Decree No. 1083) governs certain family and personal status matters for Muslims, and it is implemented through Shari’a courts (within the national judicial framework).

B. Polygyny (multiple wives) is allowed—within limits and conditions

Under Muslim personal law recognized by the state:

A Muslim male may be allowed to have more than one wife (polygyny), traditionally up to four, subject to the Code’s substantive and procedural requirements.
The permissibility is not a blanket license; it is regulated by rules tied to justice between spouses, capacity to support, and proper formalities/registration under the Muslim legal framework.

C. Who is covered

As a rule, Muslim personal law applies to Muslims, and it may also govern certain mixed situations when a marriage is solemnized according to Muslim law and the Code’s applicability provisions are satisfied. The precise coverage depends on the parties’ status and how the marriage was contracted.

D. Limits of the “Muslim exception”

The Muslim-law allowance for polygyny does not generally legalize polygamy for non-Muslims under the Family Code.
Conversion to Islam does not automatically dissolve an existing civil marriage. A person who remains legally married under civil law and contracts another marriage risks bigamy if the civil marriage still subsists and no legal exception applies.

9) Civil effects of a bigamous/polygamous marriage (why it matters even beyond criminal cases)

A. The second marriage is void

A bigamous marriage is void from the start under civil law. Consequences commonly include:

No spousal rights as “husband/wife” under the void marriage
No conjugal partnership/absolute community regime arising from that void marriage
Complications in surnames, records, benefits, inheritance, and legitimacy

B. Property relations are treated differently

When parties live together in a relationship where one (or both) is married to someone else, property issues are typically handled under co-ownership rules for unions where there is a legal impediment. Generally, only properties proven to be acquired through actual contributions (work, wages, money, property) may be shared, and bad faith can trigger forfeiture rules in certain situations.

C. Children

Children’s status depends on the specific legal situation. As a general rule:

Children born of a void bigamous marriage are usually treated as illegitimate under the Family Code (with rights to support and inheritance shares defined by law), subject to limited statutory exceptions that apply to other kinds of void marriages (not bigamy).

10) Bottom line

For most Filipinos under the Family Code, polygamy is not legal.
Contracting another marriage while a prior marriage still exists exposes a person to:
- Civil invalidity of the later marriage (void), and
- Criminal prosecution for bigamy (Revised Penal Code, Art. 349), plus potential related liabilities.
The principal recognized exception in Philippine law is Muslim polygyny under P.D. 1083, which operates within a regulated Muslim personal law framework and does not automatically apply to civil marriages or non-Muslims.