Legality of Secret Second Marriage While Legally Married in the Philippines

Introduction

In the Philippines, marriage is considered a sacred institution protected by the Constitution and governed primarily by the Family Code of the Philippines (Executive Order No. 209, as amended). The law emphasizes the monogamous nature of marriage, viewing it as an inviolable social institution that forms the foundation of the family. As such, entering into a second marriage while a prior one remains legally valid is strictly prohibited and carries severe legal consequences. This prohibition applies regardless of whether the second marriage is conducted openly or in secret, as the secrecy does not alter the legal invalidity or criminality of the act. This article explores the comprehensive legal implications of such a scenario, including the statutory framework, criminal liabilities, civil effects, potential defenses, and related judicial interpretations within the Philippine context.

Legal Framework Governing Marriage

The Family Code defines marriage as a special contract of permanent union between a man and a woman entered into in accordance with law for the establishment of conjugal and family life (Article 1). It requires that marriages be solemnized by authorized persons, such as judges, priests, or mayors, and must comply with essential and formal requisites outlined in Articles 2 to 4. Essential requisites include legal capacity and free consent, while formal requisites involve authority of the solemnizing officer, a valid marriage license (except in specific cases like marriages in articulo mortis), and a ceremony with at least two witnesses.

The Revised Penal Code (Act No. 3815, as amended) complements the Family Code by criminalizing acts that undermine the sanctity of marriage. Specifically, Article 349 penalizes bigamy, which is the act of contracting a second marriage before the former marriage has been legally dissolved. The Civil Code of the Philippines (Republic Act No. 386), though largely supplanted by the Family Code in family matters, provides additional context on void and voidable marriages.

Philippine law does not recognize divorce for Filipino citizens (except in cases involving a foreign spouse under Article 26 of the Family Code or for Muslims under the Code of Muslim Personal Laws). Instead, dissolution of marriage can only occur through death, annulment, or declaration of nullity. Annulment is available for voidable marriages (e.g., due to lack of consent, impotence), while nullity declarations apply to void marriages (e.g., bigamous unions). This rigid system underscores why secret second marriages are particularly problematic, as they attempt to circumvent these requirements.

Definition and Elements of Bigamy

Bigamy is explicitly defined under Article 349 of the Revised Penal Code as the contraction 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 a judgment rendered in the proper proceedings. The secrecy of the second marriage does not exempt it from this definition; the law focuses on the legal act of marriage, not its publicity.

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

Existence of a Prior Valid Marriage: The first marriage must be valid and subsisting at the time of the second marriage. This includes compliance with all requisites under the Family Code.
Contraction of a Second Marriage: The accused must have entered into a second marriage that would be valid if not for the subsisting first marriage. This means the second ceremony must meet the formal requisites, such as being performed by an authorized solemnizing officer.
No Legal Dissolution of the First Marriage: The first marriage must not have been annulled, declared null and void, or dissolved by death or presumption of death.
Knowledge or Intent: While bigamy is a mala prohibita crime (wrong because prohibited by law), intent to commit the act is presumed from the performance of the prohibited act. However, the accused must have knowledge of the subsisting first marriage.

Judicial precedents, such as in People v. Schneckenburger (G.R. No. L-48183, 1941), affirm that even if the second marriage is celebrated abroad, it can still constitute bigamy if the parties are Filipinos, as Philippine penal laws apply extraterritorially to crimes against the state (Article 2, Revised Penal Code).

Criminal Consequences

Engaging in a secret second marriage while legally married constitutes bigamy, punishable by prision mayor (imprisonment from 6 years and 1 day to 12 years). If the second marriage involves aggravating circumstances, such as deceit or abuse of authority, the penalty may increase. The offended party (typically the first spouse) can file a complaint, but the crime is public, allowing prosecution even without a private complainant in some cases.

The second spouse, if unaware of the bigamy, is not criminally liable and may be considered a victim. However, if they knowingly participate, they could face charges as an accomplice or for related offenses like illegal marriage under Article 350 of the Revised Penal Code, which penalizes unauthorized solemnization or simulation of marriage with a penalty of arresto mayor (1 month and 1 day to 6 months).

Prescription for bigamy is 15 years from the date of discovery (Article 90, Revised Penal Code). Discovery often occurs when the secret is revealed, such as through registration of the second marriage or birth of children.

Civil Consequences

From a civil perspective, a secret second marriage is void ab initio under Article 35(4) of the Family Code, as it lacks the essential requisite of legal capacity. This void status means:

No Marital Rights: The second "spouse" has no rights to property, support, or inheritance from the bigamous partner under the marital regime.
Property Regime: Any property acquired during the bigamous union is governed by co-ownership rules (Article 147 or 148, Family Code), depending on good or bad faith. If the second spouse acted in good faith (unaware of the first marriage), they may claim a share proportional to their contribution.
Children: Offspring from the second marriage are considered illegitimate (Article 165, Family Code) unless the second spouse was in good faith, in which case the children are legitimate vis-à-vis that spouse. Illegitimate children have limited inheritance rights (one-half of legitimate children's share) and must use the mother's surname unless acknowledged.
Annulment or Nullity: The first spouse can seek a declaration of nullity for the second marriage, which retroactively invalidates it. This may also lead to liquidation of conjugal properties from the first marriage.

Under Article 40 of the Family Code, a judicial declaration of nullity is required before remarriage, even if the first marriage was void. Failure to obtain this can lead to bigamy charges, as seen in Mercado v. Tan (G.R. No. 137110, 2000), where remarriage without such declaration was deemed bigamous.

Potential Defenses and Exceptions

While bigamy is strictly enforced, certain defenses or exceptions may apply:

Void First Marriage: If the first marriage was void (e.g., due to lack of marriage license or underage parties without consent), no bigamy occurs because there was no valid subsisting marriage. However, this must be judicially declared; self-determination is insufficient (Domingo v. Court of Appeals, G.R. No. 104818, 1993).
Presumption of Death: Under Article 41 of the Family Code, if a spouse has been absent for four years (or two years under extraordinary circumstances like danger of death), they may be presumed dead, allowing remarriage. If the absent spouse reappears, the second marriage remains valid, but the first is terminated.
Psychological Incapacity: Grounds for nullity under Article 36, as interpreted in Republic v. Molina (G.R. No. 108763, 1997), allowing dissolution if one spouse is psychologically incapable of marital obligations. This must be proven medically and judicially.
Mistake of Fact: Rarely successful, but if the accused genuinely believed the first marriage was dissolved (e.g., due to erroneous legal advice), it might mitigate liability, though not absolve it entirely.
Muslim Personal Laws: For Muslims, the Code of Muslim Personal Laws (Presidential Decree No. 1083) allows polygamy under specific conditions, but this does not apply to non-Muslims or mixed marriages.

Judicial Interpretations and Case Law

Philippine jurisprudence reinforces the illegality of secret second marriages. In Tenebro v. Court of Appeals (G.R. No. 150758, 2004), the Supreme Court held that contracting a second marriage while the first subsists, even if later declared void, constitutes bigamy if no prior judicial declaration was obtained. Similarly, Jarillo v. People (G.R. No. 164435, 2010) emphasized that secrecy does not negate the crime, as the law protects the institution of marriage irrespective of public knowledge.

Cases involving public figures, such as politicians or celebrities, often highlight the issue, leading to public scandals and swift prosecutions to uphold moral standards.

Societal and Practical Implications

Beyond legal ramifications, secret second marriages erode trust in familial structures, often leading to emotional distress, financial disputes, and social stigma. Victims may seek remedies through support groups or the Department of Social Welfare and Development. Prevention involves thorough background checks before marriage, such as verifying civil status through the Philippine Statistics Authority.

In conclusion, the Philippine legal system unequivocally deems secret second marriages while legally married as illegal, void, and criminal. Individuals contemplating such actions face imprisonment, loss of rights, and lasting consequences for their families. Consulting a lawyer for annulment or nullity proceedings is essential for those seeking to remarry legally.