Nullity of Bigamous Marriage in the Philippines

(A comprehensive legal article)

1. Conceptual Frame

A bigamous marriage is one contracted while a prior marriage, valid or voidable, is still subsisting and undissolved. Under Philippine law:

Civil law consequence – the new union is void ab initio (null from the very start).
Criminal law consequence – contracting or knowingly entering into such union constitutes the felony of bigamy under Article 349 of the Revised Penal Code (RPC).

Although civil and criminal aspects share the same factual root—two marriages—they are governed by different statutes, elements, and defenses.

2. Statutory Bases

Source	Pertinent Text (essential portion)
Family Code of the Philippines (E.O. No. 209, as amended)	Art. 35(4): “The following marriages shall be void from the beginning: Those bigamous or polygamous….” Art. 40: A void marriage needs a judicial declaration of nullity before either spouse can marry again. Art. 41: A subsequent marriage after a 4-year (ordinary) or 2-year (dangerous circumstance) period of absence is valid only after obtaining a court declaration of presumptive death of the absent spouse.
Revised Penal Code (Act No. 3815, as amended)	Art. 349 – Bigamy: Punishes “any person who shall contract a second or subsequent marriage before the former marriage has been legally dissolved, or before the absent spouse has been declared presumptively dead….”
Special Rules of Court on Nullity of Void Marriages (A.M. No. 02-11-10-SC)	Governs the procedure for filing, proving, and obtaining a Decree of Nullity.

3. Civil Aspect

3.1 Nature of a Void Marriage

A bigamous marriage never produces civil effects between the spouses; it “has no life to extinguish.” Because it is void from inception, it may theoretically be assailed at any time and by anybody whose interests are affected. Nevertheless, Article 40 requires a court judgement of nullity before the parties are allowed to remarry or lawfully settle collateral issues.

3.2 Who May Sue & When

Parties: either spouse, heirs, collateral relatives, the State, or any individual with direct and material interest.
Imprescriptible: the action does not prescribe; it may be filed even after the spouses have died (e.g., in settlement of estate proceedings).

3.3 Property Relations

Because there is no valid marital partnership, property acquired during the void union falls under Art. 147 (co-ownership):
- Each party acquires one-half of properties acquired through their joint effort.
- Exclusive properties remain exclusive.
- Bad-faith party forfeits his/her share in favor of common children; in default of such, to the innocent spouse.

3.4 Children’s Status

Children conceived or born of a bigamous marriage are illegitimate (Art. 165 & 175). Key consequences:

Surnames: Child may use father’s surname if paternity is expressly recognized.
Succession: They inherit 1⁄2 of the share of legitimate children (Art. 895 Civil Code).
Parental authority: Solo authority belongs to the mother, subject to a written agreement or court order.
Legitimation is impossible because it requires a subsequent valid marriage between parents.

4. Criminal Aspect – Bigamy (RPC Art. 349)

4.1 Elements

Offender is legally married;
First marriage has not been dissolved or spouse has not been declared presumptively dead;
Offender contracts a second or subsequent marriage;
The second marriage would have been valid were it not for the subsisting first marriage.

Penalty: prisión mayor (6 years & 1 day to 12 years). The felony is mala prohibita; intent is immaterial once the act is proven.

4.2 Defenses & Doctrinal Shifts

Defense Theory	Leading Cases	Present Status
Void first marriage automatically negates bigamy	People v. Mendoza (1968)	Abandoned. A void first marriage must be judicially declared void before the second marriage; otherwise bigamy stands.
Void second marriage negates bigamy (lack of license, etc.)	Morigo v. People (April 2004)	Weakened. Later cases (Abundo, Balde, Calica) distinguish on facts; absence of essential/formal requisites may save accused if the second ceremony did not give rise to a juridical tie.
Good-faith belief of spouse’s death	People v. De la Cruz (1937)	Still viable but must equal the diligence required by Art. 41 (judicial declaration of presumptive death).
Judicial declaration of nullity obtained after the second marriage	Teves v. People (2010), Prudente (2016)	Ineffective; declaration must precede the second marriage.

Because bigamy is a formal crime, the prosecution need only prove the fact of the two marriages and subsistence of the first at the time of the second.

4.3 Relationship to Civil Case

A decree of nullity rendered after the second marriage does not retroactively erase criminal liability, but it may affect the penalty in mitigation (e.g., voluntary surrender, good faith).

5. Procedure for Civil Action

Verified Petition under A.M. No. 02-11-10-SC.
Contents: Jurisdictional facts, marriages, children, properties, reliefs.
Required Attachments:
- Certificate of Marriage #1 and #2;
- Birth certificates of children;
- Sworn registry of properties.
Service of Summons on the other spouse and the Solicitor General (who represents the State).
Investigation Report by the Public Prosecutor to detect collusion.
Pre-Trial, then Trial with formal offer of evidence.
Decision – if void, a Decree of Nullity issues after finality; annotated on civil registry records (Art. 52-53).

6. Procedural Points in Criminal Bigamy

Venue: RTC or MTC depending on penalty magnitude, in the place where second marriage was celebrated.
Prosecution evidence:
1. Certified true copies of both Marriage Certificates;
2. Proof that first marriage was undissolved (absence of decree of nullity/annulment or death certificate);
3. Testimony to identify the accused as contracting party.
Private complainant: Any party offended (spouse, children) or the State via public prosecutor.
Prescription: Bigamy prescribes in 15 years from its discovery, not from date of marriage (Art. 90 RPC; People v. Bayot, 2004).

7. Interplay with Other Laws

Violence Against Women & Children (RA 9262): A bigamous spouse may still be liable for psychological violence.
Anti-Mail Order Spouse Schemes (RA 10906): Bigamy sometimes overlaps where the first spouse is abandoned.
Overseas Marriages & Foreign Divorce: Philippine nationals are bound by Art. 15 Civil Code; foreign divorce obtained solely by the Filipino spouse does not dissolve the first marriage in the Philippines (see Garcia v. Recio, 2001).

8. Effects on Succession & Benefits

Incapacitated Spouse: A spouse in a void bigamous marriage is not a legal heir.
Children: Illegitimate children inherit but only up to 1⁄2 share relative to legitimate counterparts.
Insurance & GSIS/SSS: Benefits depend on plan terms; government agencies usually require decree of nullity or final conviction to determine beneficiaries.

9. Comparative Notes

While most jurisdictions merely void the second marriage, Philippine law adds penal sanction, reflecting the Constitution’s policy “to protect marriage as an inviolable social institution” (Art. XV, Sec. 2). Many common-law countries have de-criminalised bigamy where the second union is not polygamous in fact; the Philippines retains criminal liability.

10. Practical Guidance

Scenario	Civil Remedy	Criminal Exposure	Suggested First Step
You discover your spouse married someone else while still married to you.	Petition for nullity of bigamous marriage (you may also seek spousal support & property division under Art. 147).	You may file bigamy case—be aware of 15-year prescription from discovery.	Secure certified copies of both marriage certificates; consult counsel to preserve evidence.
You already entered into a 2nd marriage without a decree & fear prosecution.	Petition for declaration of nullity of 1st marriage before contracting any further marriage; explore plea-bargain options if already charged.	Bigamy already complete; defenses limited (good faith, void 2nd marriage).	Engage counsel; consider annulling the 1st marriage if grounds exist; voluntary surrender may mitigate penalty.
Your first spouse has been missing for 6 years.	File petition for declaration of presumptive death (Art. 41).	Contracting a 2nd marriage without the court declaration risks bigamy.	Gather diligent search evidence; file petition in RTC of your residence.

11. Key Supreme Court Jurisprudence at a Glance

Case	G.R. No.	Date	Doctrine
People v. Mendoza	L-38974	Feb 18 1968	Void first marriage does not per se bar bigamy prosecution unless judicially declared void.
Morigo v. People	145226	Apr 6 2004	If the second marriage itself is void (e.g., no license) there is no bigamy.
People v. Calica	157098	Jan 14 2015	Burden on accused to prove void 2nd marriage; Morigo doctrine confined to its facts.
Teves v. People	203551	Aug 24 2010	Judicial declaration of nullity obtained after 2nd marriage does not erase bigamy.
Prudente v. Dayrit	237428	Jun 20 2022	Good-faith belief must be anchored on diligent search; reiterates Art. 41 requirements.

(The 2022 Prudente ruling illustrates the Court’s continuing strictness: even a bona-fide but undocumented belief in the first spouse’s nullity or death will not suffice.)

12. Frequently-Misunderstood Points

“Void means it never existed, so no need for court”—Wrong. Article 40 explicitly obliges parties to secure a judicial decree; failing to do so can lead to criminal liability and administrative sanctions (for lawyers, priests, civil registrars).
“If we just live together, there’s no bigamy”—Wrong. Cohabitation may avoid Art. 349 exposure, but parties risk charges under other laws (concubinage, VAWC economic abuse) and lose many civil rights.
“A foreign divorce cures bigamy”—Usually wrong. Unless the Filipino spouse was the respondent and the divorce is subsequently recognized in Philippine courts, the first marriage remains subsisting here.

13. Policy Debates & Reforms

De-criminalisation movement: Advocates argue that bigamy criminalisation disproportionately affects women forced into subsequent unions because of non-existent divorce.
Divorce Bill: Pending bills (most recently House Bill 9349, passed on third reading in May 2024) propose absolute divorce; if enacted, it will alter—but not erase—the civil voidness rule.
Religious & cultural pluralism: Muslim Filipinos are governed by the Code of Muslim Personal Laws (P.D. 1083), which allows polygyny under strict conditions; bigamy under the RPC does not apply to valid Muslim polygamous marriages.

14. Conclusion

In Philippine jurisprudence, bigamous marriages are doubly condemned—they are void under the Family Code and punishable under the RPC. Navigating their consequences demands strict observance of procedural rules (judicial declarations, registry annotations) and awareness of evolving case law. Until a comprehensive divorce statute is enacted, the dual civil-criminal regime will continue to serve both as a shield for the aggrieved spouse and a deterrent against cavalier remarriages—affirming the State’s constitutional commitment to the sanctity of marriage.