In the Philippines, the sanctity of marriage is protected by both civil and criminal laws. When an individual enters into a second or subsequent marriage before the previous one has been legally dissolved—or before the absent spouse has been declared presumptively dead—they enter the realm of bigamy. This creates a complex web of legal consequences affecting the status of the union, the legitimacy of children, and the financial obligations of the erring parent.
I. The Nature of a Bigamous Marriage
Under Article 35 (4) of the Family Code of the Philippines, marriages that are bigamous or polygamous are considered void from the beginning (void ab initio). This means the law treats the marriage as if it never existed, except for specific purposes like the status of children and property relations.
The Criminal Aspect: Bigamy
While the marriage is civilly void, the act of entering into it is a crime. Article 349 of the Revised Penal Code defines bigamy as the contracting of 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 court proceeding.
- Penalty: Prision mayor (6 years and 1 day to 12 years of imprisonment).
- Liability: Both the person who marries a second time and the second spouse (if they knew of the existing first marriage) can be held criminally liable.
II. Civil Remedies for the Aggrieved Parties
1. Petition for Declaration of Absolute Nullity
The primary civil remedy is a Petition for Declaration of Absolute Nullity of Marriage under Article 35(4).
- Who can file: Either the first spouse or the second spouse. Interestingly, even the bigamous spouse may technically file, though they may face criminal prosecution as a result.
- Purpose: To obtain a court judgment officially declaring the marriage void. This is essential for cleaning up civil status records (PSA) and for the right to remarry.
2. The Article 40 Requirement
It is crucial to note that under Article 40 of the Family Code, a person cannot simply assume their first marriage is void and marry again. They must first obtain a judicial declaration of nullity of the first marriage. Failure to do so before marrying a second time makes the second marriage bigamous, even if the first marriage was technically void (e.g., a "ghost" marriage or a marriage without a license).
III. Claims for Minor Child Support
One of the most pressing issues in bigamous unions is the welfare of the children. Philippine law prioritizes the "best interests of the child" regardless of the parents' marital complications.
1. Status of the Children
Children born from a bigamous marriage are generally classified as illegitimate under Article 165 of the Family Code, because they were conceived outside a valid marriage.
- Rights: They are entitled to support and successional rights (inheritance), though their legitime (reserved share in inheritance) is typically half that of a legitimate child.
- Surname: They may use the father's surname if he has expressly recognized paternity through the Record of Birth or a private handwritten instrument.
2. Legal Basis for Support
Article 194 and 195 of the Family Code mandate that parents are obliged to support their children. Support comprises everything indispensable for:
- Sustenance (food) and dwelling (shelter).
- Clothing and medical attendance.
- Education (including transportation to school).
3. Procedural Remedies for Support
If the parent (usually the father in bigamous cases) refuses to provide for the child, the following remedies are available:
- Petition for Support: A formal complaint filed in the Regional Trial Court (Family Court).
- Support Pendente Lite: A "support while the case is pending" motion. This allows the court to order immediate financial assistance before the final judgment is rendered, recognizing that a child’s hunger cannot wait for a court calendar.
- RA 9262 (VAWC): If the refusal to provide support is used as a means of psychological violence or economic abuse against the mother and child, a petition for a Protection Order can be filed, which includes a provision for "Mandatory Support."
IV. Property Relations in Bigamous Unions
Unlike valid marriages which follow Absolute Community of Property or Conjugal Partnership of Gains, bigamous marriages are governed by Article 148 of the Family Code.
- Limited Co-ownership: Only the properties acquired by both parties through their actual joint contribution of money, property, or industry shall be owned by them in common in proportion to their respective contributions.
- The "No Contribution" Rule: If one party did not contribute financially or through labor, they do not own a share.
- Forfeiture: If one party is in bad faith (knew about the existing marriage), their share in the co-ownership may be forfeited in favor of the common children or the innocent spouse.
V. Summary of Key Legal Doctrines
| Issue | Legal Status / Remedy |
|---|---|
| Marriage Status | Void ab initio (Article 35, Family Code) |
| Criminal Liability | Bigamy (Article 349, Revised Penal Code) |
| Child Status | Illegitimate |
| Child Support | Mandatory; enforceable via Court Order or RA 9262 |
| Property Regime | Actual Co-ownership (Article 148, Family Code) |
In the eyes of Philippine law, while the "second family" in a bigamous setup lacks the legal status of a valid marriage, the children of such unions are never "void." They retain an absolute right to support and a claim against the properties and income of their parents, enforceable through the dedicated Family Courts of the Philippines.