Here’s a practical, everything-you-need legal explainer on “Legal Remedies for an Abandoned Wife in the Philippines: Bigamy & Child Support.” It’s written for spouses who’ve been left behind—whether the other spouse disappeared, moved in with someone else, or even “remarried.” No web lookups used.

Abandoned Wife Remedies (Philippines): Bigamy & Child Support—The Complete Guide

1) Snapshot: your legal toolbox

Criminal:
- Bigamy (Revised Penal Code) if your husband contracted a second marriage while the first is still valid.
- VAWC (RA 9262) if the abandonment/non-support is part of psychological or economic abuse against you or your children (civil & criminal remedies + protection orders).
Civil / Family Court:
- Child support (and spousal support, if warranted).
- Custody/visitation and travel restraints.
- Declaration of nullity/annulment/legal separation if you’re also fixing civil status.
- Recognition/enforcement of foreign marriage/ divorce decrees when relevant.
Administrative / Protective:
- TPO/PPO (Temporary/Permanent Protection Orders) that can include support, stay-away, exclusive use of residence, etc.
- Barangay proceedings (BPO for urgent no-contact; note: support orders come from courts, not barangay).

2) Bigamy: when the “new marriage” is a crime

Elements (plain-language)

There is a first, subsisting marriage (valid and not legally ended).
The spouse contracts a second marriage.
There is no prior final judgment declaring the first marriage void, no annulment, and no valid judicial declaration of presumptive death of the first spouse before the second marriage.

Key ideas:

“We separated years ago” or “I thought we were over” doesn’t end a marriage.

If the first marriage is void ab initio (e.g., psychological incapacity, lack of license), the safer rule in criminal law is: get a court decision first, before re-marrying, or risk bigamy.

Presumptive death (Art. 41 Family Code) requires a court declaration before a new marriage. Acting without it risks bigamy.

Common defenses (and why they often fail)

“The first marriage was void anyway.” → Not a defense unless judicially declared void before the second wedding.
“We had a foreign divorce.” → If the Filipino spouse used it to remarry but there’s no PH court recognition of that foreign divorce, bigamy risk persists. (Foreign divorces need recognition in a Philippine court to affect status here.)
“I thought my spouse was dead.” → Without a prior court declaration of presumptive death, risky.

Evidence kit (what prosecutors look for)

PSA-certified first marriage certificate.
PSA-certified second marriage certificate (or certified foreign certificate duly apostilled/authenticated).
No final judgment annulling/voiding the first marriage before the second wedding (court certifications help).
Timelines, photos, communications, CENOMAR/Certificate of Marriage Record hits, immigration/travel records if relevant.

Venue, penalties, and timing

Venue: Where the second marriage was celebrated (or any place where an element occurred).
Penalty: Prisión mayor (years of imprisonment) + possible civil liabilities.
Prescription: Typically 15 years from discovery of the bigamy.

Practical tip: You don’t need to wait for a civil case (annulment/nullity) to pursue bigamy. But many victims file both: criminal bigamy (accountability) and a civil case (to clean status, fix property/ custody/ support).

3) Child support: rights, amounts, and fast-track relief

Who must support whom?

Parents must support their legitimate and illegitimate children. That duty does not end because a parent abandoned the family or is “with a new partner.”
Even if the marriage is void, paternity triggers support duties (acknowledgment on the birth certificate, DNA, or judicial filiation proofs can establish this).

What does “support” cover?

Food, clothing, shelter, medical/dental, education, transportation, and other necessities consistent with the needs of the child and the means of the parent.

How much?

There’s no fixed national table. The court sets a reasonable amount based on:
- Needs of the child (age, school, health) and
- Means of the obligor (income, assets, lifestyle).
Support can be in cash or in kind and is adjustable if circumstances change.

When does support start?

As a rule, from the date of demand or filing, not from the child’s birth—so file early.
You can ask for support pendente lite (interim support) while the case is ongoing.

Where and how to file

File a Petition for Support (or include support as relief in a custody, annulment/nullity, or VAWC case) in the Family Court (RTC) where you or the child resides.
Attach: child’s birth certificate, school/medical bills, budget breakdown, and evidence of the other parent’s income (payslips, bank records if available, social media “lifestyle” posts, property docs). Ask the court for subpoenas if the other parent hides income.

Enforcement tools if he won’t pay

Income withholding/garnishment (serve employer/bank).
Levy on non-exempt assets.
Contempt for willful non-payment of a court-ordered support.
VAWC route: Non-support that causes economic/psychological abuse can lead to criminal liability; courts issuing TPO/PPO can compel support and punish violations.

4) Using VAWC (RA 9262) for abandonment & non-support

Economic abuse includes withdrawal of financial support or preventing the victim from engaging in legitimate work, among others; psychological abuse includes acts causing emotional distress (abandonment often fits).
Remedies:
- Protection Orders (TPO/PPO) can direct the abuser to provide support, stay away, surrender firearms, leave the residence, etc.
- Criminal case can proceed alongside civil actions.
Venue: Where the victim resides (user-friendly).
Proof: Medical/psych reports, chats, sworn statements, bills showing hardship, proof of prior support then its withdrawal, testimony of neighbors/relatives.

5) If he “remarries” abroad (cross-border angles)

Bigamy still applies if the first PH marriage subsists and the second marriage is proven (use a duly authenticated/apostilled foreign marriage certificate).
For civil status, file recognition of foreign judgment (if there’s an actual foreign divorce involving a foreign spouse) or pursue nullity/annulment locally.
Child support across borders: You can:
- Seek support orders in PH and enforce abroad (requires counsel in that country), or
- File support where he lives/works abroad.
- Collect through garnishment of assets/income located in PH if any.

6) Choosing your combo of cases (strategy)

You want accountability + safety + money:
- Bigamy (criminal) + VAWC (for immediate protection & support) + Support/Custody (civil).
You mainly want money & stability for kids:
- Support/Custody first (fast interim support), keep bigamy in reserve for leverage.
You want to fix civil status/property:
- Nullity/Annulment/Legal Separation (with support, custody, property reliefs) + optional bigamy case if there’s a second marriage.

These can run in parallel. Courts understand urgency for children—ask for support pendente lite and interim custody early.

7) Evidence to start collecting now

PSA marriage certificate of your marriage.
Second marriage evidence: PSA/foreign marriage certificate (apostilled), photos/posts, common-law cohabitation proof.
Kids’ documents: birth certificates, school records, medical bills, budgets.
Income trail: payslips, bank transfers, remittances, BIR forms, company info, business permits, social media “lifestyle” evidence.
Abandonment timeline: when he left, stopped support, threats/ admissions in chats/texts.
Prior police/barangay reports (if any).

8) Remedies & likely outcomes

Bigamy conviction → imprisonment + civil damages; second marriage is void for civil purposes (you may also secure a court declaration of nullity).
Support order → monthly support, arrears from filing, automatic withholding from salary, and contempt if he disobeys.
VAWC protection orders → immediate safety + compulsory support terms, enforceable by arrest for violations.
Custody → primary physical custody with you (especially for young children), defined visitation, travel restraints.
Property (if you also file nullity/legal separation) → settlement of conjugal/absolute community plus damages if bad faith is proven.

9) Timelines (realistic, not promises)

TPO under VAWC: often within 24 hours of filing; PPO after hearing.
Support pendente lite: weeks to a few months, depending on court load and completeness of your papers.
Bigamy: investigation → filing in court → trial; think months to years.
Nullity/annulment/legal separation: many months; interim relief available sooner.

10) FAQs

Q: He left and stopped sending money but didn’t remarry. Can I sue bigamy? A: No bigamy without a second marriage, but you can pursue support, VAWC, and custody.

Q: He says our first marriage is “void anyway.” Is he safe? A: Not from bigamy unless there’s a prior court decision declaring it void before the second wedding.

Q: Can I get child support even if our marriage is void or we were never married? A: Yes. Children—legitimate or not—are entitled to support from both parents. Prove paternity if contested.

Q: Can the court force his employer to pay me directly? A: Yes. Courts can issue income withholding/garnishment orders.

Q: He lives abroad. Is there any point filing here? A: Yes. You can secure PH orders (support, custody, VAWC) and enforce where assets/income exist; you can also pursue remedies in the country where he works through local counsel.

11) Step-by-step starter plan (print-friendly)

Safety & money first: If there’s abuse or urgent need, file VAWC for a TPO that includes support.
File for child support (and custody) in Family Court; request support pendente lite.
Gather bigamy evidence (two marriage certificates, timelines). If solid, file a criminal complaint with the prosecutor’s office.
Consider a civil status case (nullity/annulment/legal separation) to fix records and settle property.
Enforce: push for withholding/garnishment, contempt motions for non-payment, and arrest for protection order violations.
Document everything: receipts, chats, missed payments, attempts to settle.

12) Practical drafting notes for your lawyer

Put specific amounts and line items in the support pendente lite motion (tuition, transport, meals, rent share, utilities, meds).
Ask for production/subpoena of employer payroll, BIR records, bank statements.
In VAWC, detail economic/psychological abuse and link non-support/abandonment to the child’s harm.
In bigamy, lay out a date-by-date timeline and attach PSA/foreign certificates (properly certified).
For cross-border, prepare apostille/legalization of foreign docs and translations if needed.

Bottom line

You’re not powerless. If your husband remarried, bigamy is on the table. Regardless, your children (and you, where warranted) can get court-ordered support fast, with withholding/garnishment to enforce it. VAWC provides immediate protection and can compel support, and you can simultaneously fix civil status and property through family cases. Move quickly, organize your evidence, and ask the court for interim relief while the bigger cases proceed.

If you share a quick timeline (when he left, any second marriage details, kids’ ages, school/medical needs, where he works/lives), I can turn this into a tailored filing plan, with a support budget and model prayers you can hand to counsel.