In the Philippine legal landscape, the sanctity of marriage is not merely a social construct but a state-protected inviolable social institution. Consequently, the entry into a subsequent marriage while a prior valid marriage subsists creates a complex web of criminal and civil liabilities. Central to this is the crime of Bigamy, defined under the Revised Penal Code, and the strict requirements for the judicial declaration of nullity or annulment under the Family Code.
I. The Criminal Dimension: Bigamy under Article 349
Article 349 of the Revised Penal Code (RPC) penalizes 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 proper proceeding in court.
Elements of Bigamy
To secure a conviction for bigamy, the prosecution must prove the following beyond reasonable doubt:
- That the offender has been legally married.
- That the first marriage has not been legally dissolved or, in case his or her spouse is absent, the absent spouse could not yet be presumptively declared dead according to the Civil Code.
- That he contracts a second or subsequent marriage.
- That the second or subsequent marriage has all the essential requisites for validity.
The "Good Faith" Trap
A common misconception is that a person who honestly believes their first marriage is void can freely remarry. In the Philippines, Article 40 of the Family Code is explicit: the absolute nullity of a previous marriage may be invoked for purposes of remarriage only on the basis of a final judgment declaring such previous marriage void.
Even if the first marriage is technically void (e.g., it lacked a marriage license), contracting a second marriage without a judicial declaration of nullity for the first still constitutes bigamy. The law does not allow parties to judge the validity of their own marriage.
II. Civil Implications: Status of the Subsequent Marriage
The status of the second marriage depends heavily on the circumstances under which it was contracted.
1. Void Subsequent Marriages
Generally, any marriage contracted during the subsistence of a previous marriage is void from the beginning (void ab initio) under Article 35(4) of the Family Code. These marriages are non-existent in the eyes of the law, and no property regime (like Absolute Community of Property) is created. Instead, the property relations are governed by Article 148, where only properties acquired through actual joint contribution of money, property, or industry are shared.
2. Valid Bigamous Marriages (The Exception)
Under Article 41, a subsequent marriage may be valid if:
- The prior spouse has been absent for four consecutive years (or two years in cases of "danger of death").
- The present spouse has a well-founded belief that the absent spouse is already dead.
- The present spouse obtains a judicial declaration of presumptive death.
If the absent spouse reappears, the second marriage is not automatically void; it must be terminated by the filing of an Affidavit of Reappearance by any interested party.
III. The Rule on Prejudice and Intent
Bigamy is a malum prohibitum act in terms of its statutory definition, but it is traditionally treated as malum in se regarding intent.
- Criminal Intent: The intent to contract a second marriage while knowing the first is still active.
- Civil Prejudice: Unlike other crimes, "damage" to the first spouse is not a required element for conviction, though it often exists emotionally and financially.
| Aspect | First Marriage | Subsequent Marriage |
|---|---|---|
| Legal Status | Presumed Valid | Generally Void (unless Art. 41 applies) |
| Property Regime | ACP or CPG | Co-ownership (Art. 148) |
| Succession | Legal spouse is a compulsory heir | No succession rights |
| Criminality | N/A | Subject to Prision Mayor (6-12 years) |
IV. Defenses and Jurisprudential Trends
Recent rulings by the Supreme Court have slightly nuanced the application of bigamy laws, particularly regarding the timing of the judicial declaration of nullity.
- The "Prejudicial Question": If a person is charged with bigamy but has a pending case for the nullification of the first marriage, they may attempt to suspend the criminal case. However, the prevailing rule remains strict: the declaration of nullity must have been obtained before the second marriage was entered into.
- Foreign Divorces: Under Article 26, Paragraph 2, if a Filipino is married to a foreigner and the foreigner validly obtains a divorce abroad capacity to remarry, the Filipino spouse shall also have the capacity to remarry under Philippine law. Failure to judicially recognize that foreign divorce in a Philippine court before remarrying can still lead to bigamy complications.
V. Consequences Beyond Imprisonment
Aside from the penalty of prision mayor, a conviction for bigamy carries significant collateral consequences:
- Legal Separation: It is a ground for legal separation.
- Parental Authority: It may impact custody battles, as it reflects on the "moral fitness" of the parent.
- Disbarment/Dismissal: For professionals (lawyers, doctors) or government employees, bigamy is considered "gross immorality" and is a ground for disbarment or dismissal from service.
Conclusion
The Philippine legal system is designed to discourage "self-help" in marital dissolution. Whether a first marriage is void, voidable, or simply broken, the only safe passage to a subsequent marriage is through the doors of the courtroom. Without a final judicial decree in hand, a second stroll down the aisle is a direct path to a criminal indictment.