Introduction

In the Philippines, marriage is regarded as a sacred institution and a foundational element of family life, governed primarily by the Family Code of the Philippines (Executive Order No. 209, as amended). However, when a marriage is entered into while one spouse is still legally bound to another, it raises serious questions about its validity. This scenario, commonly known as bigamy, renders the subsequent marriage null and void from the beginning. This article explores the intricacies of bigamous marriages under Philippine law, including definitions, legal foundations, consequences, remedies, and exceptions. It aims to provide a comprehensive understanding for individuals who may find themselves in such situations, emphasizing the importance of legal compliance to protect personal rights and familial stability.

Defining Bigamy and Bigamous Marriages

Bigamy refers to the act of contracting a second marriage while a previous valid marriage remains in existence. Under Philippine law, a bigamous marriage is one where at least one party is already legally married to another person at the time of the ceremony. This does not require both parties to be aware of the prior marriage; the mere fact of its subsistence invalidates the new union.

The law distinguishes bigamy from polygamy, though the terms are sometimes used interchangeably. Polygamy involves multiple simultaneous marriages, which is also prohibited, but bigamy specifically pertains to a second marriage during the life of the first spouse without the prior marriage being dissolved. Importantly, Philippine law does not recognize common-law marriages or de facto unions as equivalent to legal marriages, so bigamy applies only to formally solemnized marriages.

For a marriage to be considered bigamous, the prior marriage must be valid and subsisting. If the first marriage was itself void (e.g., due to lack of legal capacity or absence of a marriage license), it does not constitute a barrier to a subsequent marriage. However, proving the invalidity of the first marriage requires judicial intervention.

Legal Basis in Philippine Law

The primary legal framework for bigamous marriages is found in the Family Code of the Philippines, particularly Articles 35, 40, 41, and 45.

Article 35 of the Family Code: This declares certain marriages void ab initio (from the beginning). Paragraph (4) explicitly states that bigamous or polygamous marriages contracted in violation of Article 41 are void. This means the second marriage has no legal effect, as if it never occurred.
Article 40: A judicial declaration of nullity is required before remarriage if a previous marriage is believed to be void or voidable. Failure to obtain this declaration can lead to a bigamous marriage charge, even if the first marriage is later proven invalid.
Article 41: This provides an exception for marriages contracted after a spouse's presumptive death due to prolonged absence. If a spouse has been absent for four consecutive years (or two years in cases of extraordinary circumstances like danger of death), and there is a well-founded belief in their death, the present spouse may remarry after obtaining a summary judicial proceeding declaring the absent spouse presumptively dead. However, if the absent spouse reappears, the subsequent marriage is automatically terminated, but children from it remain legitimate.
Article 45: This outlines grounds for annulment, but for bigamous marriages, the remedy is typically a declaration of nullity rather than annulment, as they are void rather than voidable.

Criminal liability for bigamy is addressed in the Revised Penal Code (Act No. 3815, as amended), under Article 349. Bigamy is a public crime, punishable by prisión mayor (imprisonment from 6 years and 1 day to 12 years). The elements of the crime are: (1) a valid first marriage; (2) the first marriage has not been legally dissolved or annulled; (3) the accused contracts a second marriage; and (4) the second marriage has all the essential requisites for validity except for the subsistence of the first marriage.

The Civil Code of the Philippines (Republic Act No. 386) also influences property relations in void marriages, treating bigamous unions as co-ownership rather than absolute community or conjugal partnership.

Supreme Court jurisprudence further clarifies these provisions. In cases like Mercado v. Tan (G.R. No. 137110, August 1, 2000), the Court emphasized that a second marriage during the subsistence of the first is void, and the offender can be prosecuted for bigamy. In Tenebro v. Court of Appeals (G.R. No. 150758, February 18, 2004), it was ruled that even if the second marriage is declared void, the criminal liability for bigamy persists if the act was committed.

Consequences of Bigamous Marriages

The ramifications of a bigamous marriage are multifaceted, affecting civil, criminal, and familial aspects.

Civil Consequences

Invalidity of the Marriage: The second marriage is null and void, meaning the parties are not considered spouses. They cannot claim spousal rights, such as support or inheritance as a legitimate spouse.
Property Relations: Assets acquired during the void marriage are governed by co-ownership rules under Article 147 or 148 of the Family Code, depending on whether the parties were in good or bad faith. In good faith (e.g., the innocent spouse was unaware), they share equally in property acquired through joint efforts. In bad faith, the guilty party forfeits their share.
Legitimacy of Children: Children born of a bigamous marriage are considered legitimate if conceived or born before the declaration of nullity (Article 54, Family Code). They retain rights to support, inheritance, and legitimacy status.
No Legal Separation or Annulment Needed: Since the marriage is void, a declaration of nullity suffices to formalize its invalidity.

Criminal Consequences

Prosecution for Bigamy: The offender (the party who knew of the prior marriage) faces imprisonment. The crime is not extinguished by the death of the first spouse after the second marriage, as the offense is complete upon contraction of the second marriage.
Estafa or Falsification: If false declarations were made in marriage documents, additional charges under Articles 171-172 (falsification) or 315 (estafa) of the Revised Penal Code may apply.

Familial and Social Consequences

Emotional distress, family breakdown, and social stigma are common. The innocent spouse may suffer psychological harm, potentially grounding a petition for nullity on psychological incapacity (Article 36, Family Code) if linked to the deception.
Immigration and citizenship issues may arise if the marriage was used for such purposes, leading to deportation or denial of benefits.

Determining the Validity of Your Marriage

To ascertain if a marriage is bigamous and thus invalid:

Verify Marital Status: Obtain a Certificate of No Marriage (CENOMAR) from the Philippine Statistics Authority (PSA) for both parties prior to the marriage date. A CENOMAR showing a prior marriage indicates potential bigamy.
Check for Dissolution: Confirm if the prior marriage was annulled, declared null, or terminated by death. Annulment or nullity requires a court decree; death needs a death certificate.
Judicial Declaration: File a petition for declaration of nullity in the Regional Trial Court (RTC) where either party resides. The process involves presenting evidence, such as marriage certificates and witness testimonies.
Burden of Proof: The party alleging nullity bears the burden, but in criminal cases, the prosecution must prove all elements beyond reasonable doubt.

Remedies for the Innocent Spouse

If you discover your spouse was already married:

Petition for Declaration of Nullity: Under Rule 108 of the Rules of Court or A.M. No. 02-11-10-SC (Rule on Declaration of Absolute Nullity of Void Marriages), file in the RTC. This confirms the marriage's invalidity and allows remarriage.
Criminal Complaint: File a bigamy charge with the prosecutor's office. Prescription period is 15 years from discovery.
Damages and Support: Sue for moral and exemplary damages under Article 26 of the Family Code if deception caused harm. Temporary support may be granted during proceedings.
Custody and Support for Children: Courts prioritize the child's best interest under Article 176, granting custody and support rights.
Psychological Incapacity: If the bigamy stems from deeper issues, petition under Article 36 for nullity on this ground.

Exceptions and Special Cases

While bigamous marriages are generally void, exceptions exist:

Presumptive Death (Article 41): As mentioned, remarriage is allowed after judicial declaration. If the absent spouse returns, the second marriage ends, but the returning spouse cannot remarry without nullifying the first.
Muslim Marriages: Under Presidential Decree No. 1083 (Code of Muslim Personal Laws), polygamy is permitted for Muslim men under specific conditions (up to four wives, with fairness ensured), but this applies only to Muslims and does not extend to non-Muslims.
Foreign Marriages: If the bigamous marriage occurred abroad, Philippine law applies if a Filipino is involved (Article 15, Civil Code – nationality principle). Foreign divorces are not recognized for Filipinos unless obtained by the foreign spouse (Article 26, Family Code).
Good Faith Defense: In civil matters, an innocent spouse in good faith may retain certain rights, but this does not validate the marriage.
Ratification or Condonation: Void marriages cannot be ratified; they remain invalid regardless of subsequent actions.

Recent amendments, such as Republic Act No. 10655 (2015), decriminalized premature marriages for women but did not affect bigamy laws. Jurisprudence evolves, with cases like Republic v. Orbecido (G.R. No. 154380, October 5, 2005) clarifying foreign divorce recognition for mixed marriages.

Conclusion

A marriage contracted while a prior one subsists is unequivocally void under Philippine law, exposing parties to civil invalidity and criminal penalties. Understanding these rules is crucial to avoid legal pitfalls and protect one's rights. If you suspect your marriage may be bigamous, consult a lawyer immediately for personalized advice, as early intervention can mitigate consequences. Upholding the sanctity of marriage through adherence to the law ensures stable families and a just society.