Legal Consequences of Contracting a Second or Secret Marriage While Still Married in the Philippines

Introduction

In the Philippines, marriage is regarded as a sacred institution protected by both civil and criminal laws. The legal framework emphasizes the monogamous nature of marriage, prohibiting any form of polygamy or multiple unions. Contracting a second marriage while the first remains valid—whether openly or in secret—constitutes the crime of bigamy. This offense carries severe criminal penalties, renders the subsequent marriage void, and triggers a cascade of civil and familial repercussions. This article comprehensively explores the legal ramifications under Philippine law, drawing from the Revised Penal Code (RPC), the Family Code, and relevant jurisprudence. It addresses the elements of the offense, penalties, defenses, and broader implications for individuals, families, and society.

Legal Basis

The primary statutory provisions governing bigamy are found in the Revised Penal Code and the Family Code of the Philippines (Executive Order No. 209, as amended).

Revised Penal Code, Article 349: This defines bigamy as the act of any person who shall contract a second or subsequent marriage before the former marriage has been legally dissolved, or before the absent spouse has been declared presumptively dead by means of a judgment rendered in the proper proceedings. The law presumes the subsistence of the first marriage unless proven otherwise.
Family Code, Article 35: Declares bigamous or polygamous marriages void ab initio (from the beginning). Specifically, Article 35(4) states that marriages contracted by any party during the subsistence of a previous marriage are void, unless the prior marriage has been annulled or declared null and void, or in cases where the absent spouse is presumed dead under Article 41.

These laws align with the Philippine Constitution's Article XV, Section 2, which recognizes marriage as an inviolable social institution and the foundation of the family, mandating state protection against practices that undermine it.

Additionally, Republic Act No. 9262 (Anti-Violence Against Women and Their Children Act) may intersect if the bigamous act involves abuse or economic harm, though bigamy itself is prosecuted under the RPC.

Elements of the Crime of Bigamy

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

Existence of a Valid First Marriage: The accused must have entered into a legally valid marriage that has not been dissolved. Validity is determined under the Family Code, requiring compliance with essential (e.g., legal capacity, consent) and formal requisites (e.g., marriage license, solemnizing officer).
Subsistence of the First Marriage: The first marriage must still be in effect at the time of the second marriage. Dissolution occurs only through death, annulment, nullity declaration, or legal separation (though legal separation does not dissolve the marriage bond, it does not permit remarriage).
Contracting a Second or Subsequent Marriage: The accused enters into another marriage ceremony with all the legal formalities, believing it to be valid. A mere cohabitation or informal union does not constitute bigamy; there must be a formal marriage contract.
Knowledge or Intent: While bigamy is a mala in se crime (inherently wrong), jurisprudence holds that good faith or mistake of fact (e.g., believing the first marriage was invalid) may serve as a defense, though this is rare and heavily scrutinized.

A "secret marriage" fits within this framework if it involves a formal ceremony hidden from public knowledge or the first spouse. Secrecy does not negate the crime; it may even aggravate it by implying deceit. For instance, marrying abroad to evade detection still qualifies as bigamy if the parties are Philippine citizens, as Philippine marriage laws apply extraterritorially to Filipinos under Article 15 of the Civil Code.

Related offenses include:

Illegal Marriage (RPC Article 350): Punishes the performance of illegal marriage ceremonies, which could apply to the solemnizing officer in a bigamous union.
Adultery or Concubinage (RPC Articles 333-334): These address extramarital affairs but are distinct from bigamy, as they do not require a second marriage.

Criminal Penalties

Bigamy is punishable under Article 349 of the RPC with prisión mayor, which ranges from 6 years and 1 day to 12 years of imprisonment. The penalty may be mitigated or aggravated based on circumstances:

Mitigating Factors: Voluntary surrender, lack of prior criminal record, or if the second marriage was contracted in good faith (e.g., erroneous belief in the death of the first spouse).
Aggravating Factors: If the act involves fraud, abuse of authority, or if the offender is a public official. Secrecy could be seen as evidence of malice, potentially increasing the sentence.

In addition to imprisonment, the offender may face:

Accessory Penalties: Disqualification from holding public office, loss of parental authority, or civil interdiction (deprivation of rights to manage property).
Fines: While not explicitly stated in Article 349, courts may impose fines under general penal principles, especially if economic harm is involved.

The second spouse, if unaware of the bigamy, is not criminally liable and is considered an innocent party. However, if complicit (e.g., knowing the first marriage subsists), they may be charged as an accomplice.

Prescription: The crime prescribes after 15 years from discovery, as it is a public crime prosecutable by the state even without a complaint from the offended spouse.

Civil Consequences

Beyond criminal liability, bigamy has profound civil effects:

Nullity of the Second Marriage: Under Family Code Article 35, the second marriage is void from the start. No court declaration is needed for its invalidity, though a judicial declaration may be sought for purposes like property settlement or status clarification.
Property Relations:
- The property regime of the second marriage is governed by Article 148 of the Family Code, treating it as a co-ownership only for properties acquired through joint effort. The guilty spouse forfeits their share in favor of the innocent spouse or children.
- The first marriage's property regime (e.g., absolute community or conjugal partnership) remains intact, but the bigamous act may lead to legal separation proceedings, allowing property division.
Status of Children:
- Children from the second marriage are considered legitimate if conceived or born before the nullity declaration (Family Code Article 54). They retain rights to support, inheritance, and legitimacy.
- However, the guilty parent's parental authority may be suspended or terminated under Family Code Article 231 if the bigamy harms the child's welfare.
Support and Inheritance:
- The first spouse and children retain priority rights to support. The second spouse, if innocent, may claim support from the guilty party but not from the first marriage's assets.
- In inheritance, the guilty spouse is disqualified from succeeding the innocent spouse (Civil Code Article 1028), and vice versa.
Damages and Civil Actions:
- The offended spouse may file for moral and exemplary damages under Civil Code Articles 19-21 and 26, citing abuse of rights or family dishonor.
- Legal separation (Family Code Article 55) may be granted on grounds of bigamy, leading to custody battles, support orders, and property liquidation.

Administrative consequences may apply to professionals or public servants. For example, lawyers or judges involved in bigamy face disbarment under the Code of Professional Responsibility, while government employees may be dismissed under Civil Service rules for immoral conduct.

Defenses and Exceptions

Defenses to bigamy charges include:

Dissolution of First Marriage: Proof of annulment, nullity, or death of the first spouse. Under Family Code Article 41, if a spouse is absent for four years (or two years under extraordinary circumstances) and believed dead, a summary proceeding for presumption of death allows remarriage. However, if the absent spouse reappears, the second marriage is terminated, but children remain legitimate.
Mistake of Fact: Rare, but upheld in cases like People v. Bitdu (G.R. No. L-5108, 1952), where the accused genuinely believed the first spouse was dead.
Invalid First Marriage: If the first marriage was void (e.g., no license), no bigamy occurs. However, this must be judicially declared.

No defense exists for cultural or religious practices allowing polygamy, as Philippine law mandates monogamy for all citizens.

Jurisprudence and Notable Cases

Philippine courts have consistently upheld the sanctity of marriage:

Tenebro v. Court of Appeals (G.R. No. 150758, 2004): Ruled that contracting a second marriage, even if later annulled, constitutes bigamy if the first was subsisting at the time.
Mercado v. Tan (G.R. No. 137110, 2000): Emphasized that the second marriage must have all legal requisites to qualify as bigamy; mere cohabitation does not suffice.
Marbella-Bobis v. Bobis (G.R. No. 138509, 2000): Held that bigamy is a public crime, prosecutable even if the first spouse condones it.

These cases illustrate the courts' strict interpretation, prioritizing family protection over individual intent.

Societal and Practical Implications

Bigamy undermines family stability, leading to emotional trauma, financial disputes, and social stigma. It disproportionately affects women and children, prompting advocacy for stronger enforcement. Victims can seek assistance from the Department of Social Welfare and Development or legal aid organizations.

In practice, detection often arises from civil registry discrepancies or complaints. Prevention involves verifying marital status via the Philippine Statistics Authority before remarriage.

Conclusion

Contracting a second or secret marriage while still married in the Philippines invites severe legal consequences, encompassing criminal imprisonment, civil nullity, and familial disruptions. These laws safeguard the monogamous ideal of marriage, ensuring accountability for actions that erode societal foundations. Individuals contemplating remarriage must ensure full legal dissolution of prior unions to avoid these pitfalls. Consultation with legal professionals is essential to navigate this complex terrain.