Discovering that a husband has a “second family” is not only emotionally devastating—it also raises a whole web of legal questions under Philippine law. “Second family” can mean:

He secretly contracted a second marriage, or
He cohabits with another woman and has children with her, without a formal marriage.

Each situation has different legal consequences and possible remedies.

Below is a legal-style overview of rights and remedies available to the legal wife and children, as well as the status of the second woman and her children, in the Philippine setting.

I. Legal Framework

Several key laws are involved:

Family Code of the Philippines – marriage, property relations, legal separation, support, filiation, succession rules
Revised Penal Code (RPC) – crimes like bigamy, concubinage, falsification, estafa in some property schemes
Anti-Violence Against Women and Their Children Act (RA 9262) – covers psychological and economic abuse
Civil Code – obligations, contracts, damages, void donations
Other special laws – administrative/ethical rules for government officials or licensed professionals, etc.

II. First Key Question: Is There a Second Marriage?

The law distinguishes between two major scenarios:

There is a second marriage contract (civil or church) while the first is still valid.
There is no second marriage, but the husband openly lives with another woman and has children with her.

These have different criminal and civil/family law consequences.

III. Scenario 1: Husband Contracted a Second Marriage (Bigamy Issues)

A. Bigamy (Criminal Liability)

If the husband marries another woman while still married to the first wife, he may be liable for bigamy (under the Revised Penal Code), if:

There is a prior valid marriage.
The first marriage has not been legally dissolved or declared void before the second marriage.
He enters into a second marriage that would have been valid were it not for the first marriage.

The second woman may also be held criminally liable if she knew about the first marriage when she entered the second.

What the legal wife can do:

File a criminal complaint for bigamy against the husband (and possibly the second woman, if evidence shows she had knowledge of the first marriage).
Use documents such as:
- Marriage certificate of the first marriage
- Marriage certificate of the second marriage
- CENOMAR/CEMAR records
- Testimonies and other supporting evidence

A bigamy conviction does not automatically annul or void the marriage by itself, but:

The second marriage is void for being bigamous.
The decision and evidence can support civil actions (property, status, etc.).

B. Civil Effects of the Bigamous Second Marriage

Status of the second marriage
- The second marriage is generally void from the beginning.
- The legal wife may file a petition to declare the second marriage void, if she has an interest (for example, to protect her property rights or children’s rights).
Property acquired during the second union
- Even though the second marriage is void, the husband still has obligations arising from cohabitation and parenthood.
- The legal wife can assert that properties acquired during the subsistence of the first marriage and registered in the husband’s name (even if used by the second family) may be conjugal or community property, depending on the regime.
Donations to the second woman or children
- Donations between persons guilty of adultery or concubinage, and certain marital donations, can be void under the Civil Code and Family Code.
- The legal wife (or children of the first marriage) may later contest simulated sales or donations in favor of the second woman or her children that prejudice conjugal or legitime rights.

IV. Scenario 2: No Second Marriage, But a Second Family Through Cohabitation

If there is no second marriage, but the husband:

Lives with another woman, and/or
Maintains another household and has children with her

then criminal bigamy may not apply, but other remedies might.

A. Concubinage (Criminal Case Against Husband and Paramour)

Under the Revised Penal Code, a husband may be liable for concubinage if he:

Keeps a mistress in the conjugal dwelling, or
Has sexual intercourse under scandalous circumstances with another woman, or
Cohabits with her in any other place.

The legal wife is the proper complainant. The paramour (the other woman) can also be charged under this offense.

Note: Concubinage has a relatively lower penalty than bigamy and has specific, quite strict elements. The behavior must fit the law’s definitions.

B. Remedies Under RA 9262 (Violence Against Women and Their Children)

RA 9262 covers not only physical violence but also:

Psychological violence – including marital infidelity that causes emotional anguish or mental suffering
Economic abuse – denying financial support, squandering common funds on a second family, depriving the wife and children of support

A wife who discovers a second family may have grounds to:

File a criminal case under RA 9262 for psychological and/or economic abuse.
Apply for Protection Orders (Barangay, Temporary, Permanent), which may include:
- Orders to provide financial support
- Orders to stay away or cease certain actions
- Orders relating to custody of children in the first family
- Orders to refrain from disposing of property

RA 9262 is often a powerful and practical remedy because of its focus on the impact on the wife and children, not just on sexual conduct per se.

V. Family Law Remedies for the Legal Wife

Regardless of whether there is a second marriage or just cohabitation, the legal wife has several civil/family law options.

A. Legal Separation

A spouse may file for legal separation based on grounds such as:

Sexual infidelity or perversion
Attempt on the life of the spouse or children
Abandonment without just cause
Repeated physical violence or grossly abusive conduct

Maintaining a second family typically involves sexual infidelity and may support a petition for legal separation.

Effects of legal separation:

No dissolution of marriage – the spouses remain married and cannot remarry.
Separation of property – the absolute community or conjugal partnership is dissolved and liquidated.
The offending spouse’s share in the net profits of the conjugal partnership may be forfeited in favor of:
- The common children, and in default of them, the innocent spouse.
Possible loss of certain rights, e.g., rights to intestate succession from the spouse in some circumstances.

Legal separation is a way for the wife to protect property and financial interests without dissolving the marital bond.

B. Declaration of Nullity or Annulment of the First Marriage

The husband’s infidelity or second family does not itself void the first marriage. However, the discovery of a second family might push the wife to examine whether there are grounds for nullity or annulment of the original marriage, such as:

Psychological incapacity (Article 36, Family Code) existing at the time of marriage, shown by his deeply rooted inability to perform essential marital obligations.
Other grounds for annulment (vitiated consent, incapacity, etc.), if applicable.

If a decree of nullity or annulment is granted:

The marital bond is terminated (nullity = void from the beginning; annulment = voidable but effective once annulled).
The wife gains capacity to remarry.
Property relations are settled, and the guilty spouse may suffer forfeiture of share in net profits under certain rules.

The husband’s double life can often be part of the proof of psychological incapacity or serious marital dysfunction, even if not a legal ground by itself.

C. Actions for Support

A husband is legally obliged to support:

His legal wife, and
His children, whether legitimate or illegitimate.

After discovering a second family, the wife can:

Demand support for herself (if entitled) and for the legitimate children.
If the husband is diverting most of his income to the second family, she can file:
- A civil action for support, and/or
- A complaint under RA 9262 for economic abuse, seeking support orders as part of the relief.

Support covers not just food, but also clothing, education, medical care, transportation, and other basic needs appropriate to the family’s station in life.

VI. Property and Financial Protection Measures

Discovering a second family often coincides with discovering hidden assets, transfers, or debts.

A. Protection of Conjugal / Community Property

The wife may:

Challenge simulated sales or donations in favor of the second woman or her relatives, especially if made without her required consent or clearly prejudicial to conjugal interests.
During legal separation or annulment/nullity proceedings, ensure proper inventory, liquidation, and partition of the property regime.

B. Recovery or Nullity of Certain Donations

Philippine law generally voids donations:

Between persons guilty of adultery or concubinage during the existence of the marriage from which such guilt arises.
Of future property or donations in fraud of creditors or legitime of compulsory heirs.

The wife (or later, the children as heirs) may seek to invalidate such donations and recover assets for the conjugal or estate mass.

C. Succession Planning and Disinheritance

If the wife decides to separate de facto or pursue legal separation or annulment, she may also consider wills and estate planning, including:

Ensuring that her own property will pass primarily to her children and not indirectly benefit the second family.
Exploring lawful grounds and methods to limit the share of an unfaithful spouse, within the boundaries of succession law.

VII. Rights and Status of Children in the Second Family

Legally, children are not punished for the sins of their parents. Even if the second union is adulterous or bigamous:

Children are generally classified as illegitimate if conceived or born outside a valid marriage with the legal wife.
Illegitimate children are entitled to:
- Support from the father.
- A legitime in succession equal to one-half of what a legitimate child receives (unless later adopted, etc.).

They may use the father’s surname if properly acknowledged/recognized via:

Birth certificate inscription,
Affidavits of acknowledgment, or
Other modes allowed by law.

The existence of illegitimate children does not erase or reduce the rights of legitimate children but does create a layer of complexity in succession and property allocations.

VIII. Administrative and Professional Consequences

In some cases, the husband may:

Be a public officer, bound by codes of conduct and integrity rules.
Be a professional (doctor, lawyer, accountant, etc.) subject to professional ethics and disciplinary procedures.

Maintaining a second family, especially coupled with misuse of government or company resources, may trigger:

Administrative complaints (for misconduct, immorality, violation of code of ethics).
Possible suspension, dismissal, or revocation of licenses in extreme cases.

These are separate from, but can complement, criminal and civil remedies.

IX. Practical Steps After Discovering a Second Family

From a legal point of view, a wife who has just discovered a second family might consider:

Protect your safety and mental health first
- If there is any risk of violence, prioritize immediate safety and consider RA 9262 remedies.
Quietly gather evidence
- Marriage contracts (if any) involving the second woman
- Photos, communications, financial records, remittance slips, social media screenshots
- Proof of residence, notes about where he stays, etc.
Consult a lawyer
- Explain the full situation and bring documents.
- Discuss possible criminal cases (bigamy, concubinage, RA 9262), civil cases (support, property, nullity/annulment, legal separation), and strategic sequencing.
Consider your objectives
- Do you want to stay married but protect property?
- Do you want a formal separation (legal separation)?
- Do you want to end the marriage (nullity/annulment)?
- Do you want criminal accountability, or will that worsen or improve your situation, given finances and children?
Avoid illegal self-help
- Actions such as violence, destruction of property, or kidnapping the husband’s other children can expose you to criminal liability yourself.

X. Summary of Key Legal Remedies

After discovering a husband’s second family in the Philippines, the legal wife may potentially:

Criminal
- File bigamy (if there is a second marriage)
- File concubinage (if cohabitation fits the legal definition)
- File RA 9262 cases for psychological and economic abuse, seeking protection and support orders
Family/Civil
- Seek legal separation, with separation of property and forfeiture of the guilty spouse’s share in net profits
- File for declaration of nullity or annulment of the marriage on proper grounds
- File actions for support (for herself and children)
- Challenge fraudulent transfers/donations favoring the second family
- Protect property rights of the first family and secure children’s legitime
Administrative/Professional
- File complaints before appropriate bodies if the husband’s conduct violates codes of conduct or professional ethics.

This is a complex and emotionally charged area of law. The precise remedies that are advisable depend heavily on specific facts, documents, financial circumstances, and personal goals. For an actual case, direct and confidential consultation with a Philippine family law practitioner is essential to craft a strategy that protects both legal rights and practical interests.