Remarriage After Secret Marriage with a Living Spouse in the Philippines

Introduction

In the Philippine legal system, marriage is considered a sacred institution governed primarily by the Family Code of the Philippines (Executive Order No. 209, as amended). The concept of a "secret marriage" refers to a valid marriage that is conducted without public knowledge or fanfare, often for personal reasons such as privacy or family objections. However, secrecy does not invalidate the marriage if it complies with legal requirements. The issue of remarriage arises when one attempts to enter into a subsequent marriage while the first spouse from the secret marriage is still alive and the prior marriage has not been legally terminated. This scenario implicates serious legal prohibitions, including bigamy, and raises questions about validity, consequences, and pathways to legitimate remarriage.

This article explores the legal framework surrounding secret marriages, the prohibition on remarriage with a living spouse, criminal and civil implications, procedural remedies for dissolving a prior marriage, and relevant judicial interpretations. It aims to provide a comprehensive understanding within the Philippine context, emphasizing that marriage is not merely a private affair but a contract with state oversight.

Definition and Validity of a Secret Marriage

A secret marriage in the Philippines is not a distinct legal category but rather a valid marriage performed in compliance with Articles 2 to 54 of the Family Code, yet kept confidential by the parties involved. For a marriage to be valid, it must satisfy essential and formal requisites:

Essential Requisites (Article 2, Family Code):
- Legal capacity of the contracting parties (must be at least 18 years old, not previously married unless the prior marriage is void or annulled, and of sound mind).
- Consent freely given in the presence of a solemnizing officer.
Formal Requisites (Article 3, Family Code):
- Authority of the solemnizing officer (e.g., judge, priest, imam, rabbi, or mayor).
- A valid marriage license (except in cases like marriages in articulo mortis or among Muslims under the Code of Muslim Personal Laws).
- A marriage ceremony where the parties take each other as husband and wife in the presence of at least two witnesses.

Secrecy may involve limiting witnesses or avoiding public announcements, but as long as these requisites are met, the marriage is legally binding. For instance, a civil marriage before a judge with minimal attendees can be "secret" yet valid. The marriage certificate, once registered with the Civil Registrar, becomes a public document, potentially undermining absolute secrecy over time.

If the marriage is void ab initio (from the beginning) due to defects like lack of consent or bigamy itself, it is treated as if it never existed. However, a secret but valid marriage creates all marital rights and obligations, including community property, parental authority, and spousal support.

Prohibition on Remarriage with a Living Spouse

The Philippine Constitution (Article XV, Section 2) and the Family Code emphasize the inviolability of marriage. Remarriage while a prior spouse is alive and the marriage subsists is strictly prohibited:

Bigamy as a Crime (Article 349, Revised Penal Code): This penalizes anyone who contracts a second or subsequent marriage before the former marriage has been legally dissolved or the absent spouse has been declared presumptively dead. The penalty is prision mayor (6 years and 1 day to 12 years imprisonment). For bigamy to apply, the first marriage must be valid, the second marriage must also be valid in form, and the accused must know of the subsisting first marriage.
Absolute Nullity of Subsequent Marriage (Article 35, Family Code): A marriage contracted by any party during the subsistence of a previous marriage is void from the beginning, unless the prior marriage is void or annulled.

In the context of a secret marriage, the secrecy does not exempt the parties from these rules. If the first marriage is valid but hidden, any attempt to remarry constitutes bigamy. The "good faith" defense (e.g., believing the first marriage was invalid) is rarely successful without judicial declaration, as parties are presumed to know the law.

Special considerations apply to certain groups:

Under the Code of Muslim Personal Laws (Presidential Decree No. 1083), Muslim Filipinos may practice polygamy under specific conditions, but this does not extend to non-Muslims or secret marriages outside Islamic rites.
For foreigners, if the prior marriage was dissolved by divorce abroad, it may be recognized in the Philippines if one spouse was foreign at the time of marriage (Article 26, Family Code), but this does not apply to secret Philippine marriages between Filipinos.

Consequences of Attempting Remarriage

Engaging in remarriage after a secret marriage with a living spouse triggers multifaceted repercussions:

Criminal Liabilities

Bigamy: As noted, this is a public crime prosecutable by the state. The offended spouse or any person may file a complaint. Prescription period is 15 years from discovery.
Concubinage or Adultery (Articles 333-334, Revised Penal Code): If the remarriage involves cohabitation, it may escalate to these offenses, with penalties ranging from arresto mayor to prision correccional.
Falsification of Public Documents (Article 172, Revised Penal Code): Misrepresenting marital status in the marriage license application for the second marriage.

Civil Consequences

Void Subsequent Marriage: Children from the void marriage are considered illegitimate (Article 165, Family Code), though they retain rights to support and legitimation if parents later marry validly.
Property Relations: The second "marriage" follows the regime for void marriages (Article 147 or 148, Family Code), treating cohabitation as co-ownership without marital privileges.
Inheritance and Succession: The bigamous spouse may be disqualified from inheriting (Article 1028, Civil Code).
Custody and Support: Courts prioritize the child's best interest, but the valid first marriage takes precedence.

Administrative and Social Ramifications

Professional repercussions, such as disbarment for lawyers or dismissal for public officials under the Code of Professional Responsibility or Civil Service rules.
Social stigma, potential family disputes, and complications in vital records registration.

Pathways to Legitimate Remarriage

To legally remarry after a secret marriage with a living spouse, the prior marriage must be terminated or declared non-existent. The Philippines does not recognize absolute divorce for Filipino citizens (except Muslims under PD 1083), making annulment or nullity the primary remedies:

Declaration of Nullity (Article 35-38, Family Code)

Grounds include psychological incapacity (Article 36), bigamy, lack of parental consent for minors, fraud, force, or impotence.
Procedure: File a petition in the Regional Trial Court (RTC) where either spouse resides. Requires psychological evaluation if incapacity is alleged. The process is adversarial, involving the Solicitor General.
Effect: The marriage is void ab initio; parties are free to remarry immediately upon finality.

Annulment (Article 45, Family Code)

Grounds: Lack of parental consent (curable by ratification), insanity, fraud, force/intimidation, physical incapacity to consummate, or sexually transmissible disease.
Procedure: Similar to nullity, but the marriage is valid until annulled. Remarriage possible after final judgment.
Timeline: Cases can take 1-5 years, depending on court backlog and evidence.

Judicial Declaration of Presumptive Death (Article 41, Family Code)

If the spouse has been absent for 4 years (or 2 years under extraordinary circumstances like armed conflict), the present spouse may petition for declaration of presumptive death.
Allows remarriage, but if the absent spouse reappears, the subsequent marriage is automatically terminated unless affirmed.

Recognition of Foreign Divorce (Article 26, Family Code)

Applicable if one spouse is foreign and obtains a divorce abroad. Requires judicial recognition in the Philippines via RTC petition.

Post-dissolution, parties must obtain a Certificate of Finality and annotate the marriage certificate before applying for a new marriage license.

Judicial Interpretations and Case Law

Philippine jurisprudence reinforces strict adherence to monogamy:

Republic v. Molina (G.R. No. 108763, 1997): Defined psychological incapacity narrowly, requiring proof of gravity, juridical antecedence, and incurability. This landmark case guides nullity petitions, emphasizing that mere incompatibility is insufficient.
Tenebro v. Court of Appeals (G.R. No. 150758, 2004): Held that a void bigamous marriage does not require judicial declaration for criminal prosecution of bigamy, but for remarriage, prior judicial nullity is advisable to avoid complications.
Mercado v. Tan (G.R. No. 137110, 2000): Convicted a doctor of bigamy despite claiming the first marriage was void, underscoring that self-declaration of invalidity is invalid.
Santos v. Bedia-Santos (G.R. No. 166820, 2011): Clarified that secrecy in marriage does not affect validity if requisites are met, and subsequent marriages remain bigamous.

These cases illustrate the Supreme Court's conservative stance, prioritizing marital stability over personal convenience.

Challenges and Reforms

The absence of divorce poses challenges for those in dysfunctional secret marriages, leading to prolonged litigation and emotional strain. Proposals for divorce bills (e.g., House Bill No. 9349 in recent Congresses) aim to introduce absolute divorce on grounds like abuse or irreconcilable differences, but these remain pending. Meanwhile, alternative dispute resolution in family courts offers mediation for amicable settlements in annulment cases.

Conclusion

Remarriage after a secret marriage with a living spouse in the Philippines is fraught with legal perils, primarily due to the criminalization of bigamy and the nullity of subsequent unions. While secrecy may shield a marriage from immediate scrutiny, it does not alter its binding nature under the law. Individuals in such situations must seek judicial remedies like nullity or annulment to dissolve the prior marriage legitimately. Consulting a family law expert is crucial to navigate these complexities, ensuring compliance with the Family Code and avoiding severe penalties. Ultimately, Philippine law upholds marriage as a foundation of society, demanding transparency and fidelity to prevent abuse of the institution.