Nullity of Marriage for Bigamy in Philippine Law

(Everything you need to know, organized for lawyers, judges, law-enforcement officers, and serious students of family law)

1. Governing Sources

Area	Principal Provisions
Civil	Family Code of the Philippines (E.O. 209, 1987), esp. Arts. 35 (4), 37, 40–44, 50–54, 84–92
Criminal	Revised Penal Code (Act 3815), Art. 349 (Bigamy)
Shari’a / Personal Laws	Art. 27 & Title III, Code of Muslim Personal Laws (P.D. 1083)
Civil Registration	Rule on the Declaration of Absolute Nullity of Void Marriages & Annulment (A.M. No. 02-11-10-SC, 2003); PSA Civil Registry rules
Jurisprudence	People v. Bayot (68 Phil 325), Morigo v. People (G.R. 170834, Jan 21 2015), Teves v. People (G.R. 203501, Mar 18 2021), Abundo v. People (G.R. 222333, June 15 2022), among others

(Statutes have no territorial or prescriptive limits; Supreme Court decisions interpret and, in some cases, qualify the plain text.)

2. Conceptual Framework

Term	Civil Law Meaning	Criminal Law Meaning
Void (ab initio)	Produces no legal effects from the moment of celebration; action or defense never prescribes (Art. 39, FC).	May still be the subject of bigamy prosecution if elements of Art. 349 RPC are present.
Bigamous marriage	A marriage contracted when a prior marriage is still subsisting and without a valid dissolution or a judicial declaration of nullity (Art. 35 [4], FC).	A physical act punishable by 6 years + 1 day to 12 years imprisonment prision mayor and accessory penalties (Art. 349 RPC).

Key rule: A marriage celebrated while a first marriage is valid and subsisting is civilly void and may expose the contracting party to criminal liability—two distinct consequences that proceed under different procedural tracks.

3. Civil Consequences: Declaration of Absolute Nullity

Standing – A void marriage may be attacked directly (through a petition) or collaterally (as a defense). Any interested party or the State (through the Solicitor General or the public prosecutor) may sue.
No prescriptive period – Actions or defenses never prescribe (Art. 39).
Petition requirements (A.M. 02-11-10-SC):
- verified petition in the RTC-Family Court of the province/city where either spouse resided for at least six months prior (or where the petitioner is domiciled if respondent is abroad);
- inclusion of Civil Registrar and Office of the Solicitor General (OSG) as indispensable parties;
- certified true copies of marriage certificates, birth certificates of children, and supporting proof of the prior subsisting marriage.
Judicial Declaration (Art. 40 FC) – Absolute nullity does not require a court decision for its existence, but the Supreme Court insists on a prior declaration to protect third persons and the State’s interest in marriage (e.g., to validly remarry or to record marital status).
Registration of decree – The decision must be entered in the Civil Registry and noted on the parties’ birth and marriage records (Arts. 52–53 FC); failure will void subsequent marriages even if the first one was already void (Art. 53).
Property relations – The co-ownership under Arts. 147–148 FC applies if parties were in good faith; otherwise, each gets only what he or she actually contributed.
Children – Offspring of a void marriage are illegitimate, but they enjoy rights under Art. 165 (3) FC (status by subsequent valid marriage is impossible here; legitimation is not available, but they retain support and compulsory-heir status).
Succession – Illegitimate children inherit ½ of the share of a legitimate child (Art. 895 Civil Code). A spouse in a void bigamous marriage is not an heir.

4. Criminal Consequences: Bigamy (Art. 349 RPC)

Element	What must be proven
1. Prior valid marriage	It existed, was not annulled, not dissolved by death, and no judicial declaration of nullity was made before the second marriage.
2. Subsequent marriage	Celebrated with the formal requisites (license, ceremony, authority) to be “marriage” for criminal purposes.
3. Second marriage contracted	During the subsistence of the first.
4. Lack of exemption	No death, no judicial declaration of nullity/annulment, no divorce (for foreigners), no valid Muslim polygamy, no Article 41 presumption of death with court declaration.

Defenses and nuances

Defense	Status after leading cases
Void ab initio first marriage	Not a defense (People v. Bayot). Unless a court had declared the first marriage void before the second wedding, criminal bigamy stands.
Void ab initio second marriage	No bigamy if it lacks an essential/formal requisite (e.g., no license) because “marriage” element absent.
Judicial declaration of nullity after the bigamous wedding	Not a defense (Morigo v. People; Teves v. People clarified that subsequent voiding does not erase consummated crime, though penalty may be mitigated).
Article 41 “absence” remarriage	Valid only if: (a) spouse absent ≥ 4 years (2 yrs in danger of death); (b) present spouse files summary proceeding for declaration of presumptive death; (c) court order is obtained before remarriage. Failure to comply revives bigamy liability.
Muslim polygamy	Must comply with Art. 27 PD 1083 (equal treatment, capability, registration in Shari’a); otherwise, still bigamy.
Foreign divorce	If the first marriage is mixed (one is foreign) and a valid foreign divorce is recognized under Art. 26 (2) FC before the second marriage, no bigamy.

Prescription – Bigamy prescribes in 15 years (Art. 90 RPC), counted from the date of commission or discovery, whichever is later. Extinction by death – Death of the accused during appeal extinguishes both criminal liability and the civil liability ex delicto.

5. Interplay Between Civil & Criminal Actions

Independence of suits – A civil case for declaration of nullity may be filed ahead of, with, or after the criminal case, but neither is a prejudicial question unless the criminal court opts to await the civil decision.
Evidentiary overlap – Certified PSA records, testimony of the solemnizing officer, and judicial admissions in the civil case are routinely offered in the criminal proceeding.
Practical sequence – Lawyers usually secure the declaration of nullity of the first marriage first to (a) remove doubt, (b) terminate property regime, (c) simplify criminal defense, and (d) clear civil-status records.

6. Procedural Guide: Filing a Petition for Nullity Based on Bigamy

Step	What to do	Authority/Notes
1. Collect documents	PSA-certified copies of both marriage certificates; CENOMARs; birth certificates of children; proof of residency.	Art. 12, A.M. 02-11-10-SC
2. Draft and verify petition	Allegations: (a) subsistence of prior marriage; (b) absence of any dissolving decree before second union; (c) jurisdictional facts. Attach Judicial Affidavit of petitioner.	Rule 8, A.M. 02-11-10-SC
3. Pay docket & sheriff’s fees	In the RTC Clerk of Court; request raffling to a Family Court branch.	Sec. 5, Rule 141 ROC
4. Summons/service	Serve on respondent, Civil Registrar, and OSG through deputized prosecutor.	Secs. 6–7, A.M. 02-11-10-SC
5. Pre-trial	Exchange evidence; define issues; possible stipulations (e.g., authenticity of documents).	Sec. 10
6. Trial	Present petitioner, solemnizing officer, document custodian. The State may cross and present rebuttal.
7. Decision	Court declares marriage void ab initio. Entry of judgment after 15 days (absent appeal).
8. Registration & annotation	Transmit copies to PSA for annotation on birth/marriage records within 30 days (Art. 52 FC). Compliance is a condition precedent to validity of any future marriage (Art. 53).

7. Effects on Property and Succession

Property acquired during the bigamous union
- Good-faith spouse(s): co-ownership under Art. 147; contributions in cash/industry are presumed equal absent proof.
- Bad-faith spouse(s): forfeiture of share in favor of common children; if no common children, in favor of innocent spouse (Art. 147 par. 2).
Support obligations remain (Art. 201 FC) even for illegitimate children.
Inheritance –
- Innocent bigamous spouse: not a legal heir of the other spouse.
- Illegitimate children: compelled heirs; may represent deceased parent in compulsory portion but only at ½ share of legitimate descendants (Art. 895 Civ Code).
- Life insurance proceeds – Public policy disfavors beneficia-ries in void marriages, but good-faith innocent parties may recover as “dependent” beneficiaries (Sec. 11, Insurance Code).

8. Administrative & Professional Repercussions

Sector	Possible Sanctions
Public officials	Dismissal, forfeiture, perpetual disqualification (RA 6713, CSC rules) after final conviction.
Lawyers	Disbarment or suspension for moral turpitude (Rule 138, Code of Professional Responsibility Canon 1).
Teachers / Uniformed personnel	Dismissal for “immorality” under DepEd/CHED/PNP rules.
Passport / immigration	False entries or multiple personal data lead to cancellation or prosecution (RA 8239).

9. Special Situations

Scenario	Key Points
Foreign spouse obtains foreign divorce, then Filipino remarries	Filipino may invoke Art. 26 (2) FC to record and recognize the divorce in PH courts before contracting new marriage, avoiding bigamy.
Converted Muslim male contracts second marriage	Must comply with PD 1083 Art. 27 (equal treatment, notice to Shari’a Court) and register marriage; mere conversion does not shield him.
Spouse presumed dead (Art. 41)	Summary petition in RTC is mandatory; without it, second marriage is void and spouse risks bigamy.

10. Frequently Misunderstood Points

“Void marriages need no court action.” True for status, but practically wrong—without the decree you cannot remarry, your records stay “married,” and you may still be charged with bigamy.
“Annulment cures bigamy.” No. Annulment applies only to voidable marriages (Arts. 45–47 FC). Bigamous marriages are already void; the correct petition is declaration of nullity.
“Dismissal of the criminal case proves the marriage was void.” Criminal dismissal could be procedural (reasonable doubt, affidavit of desistance). Only a Family Court decision confers civil certainty.
“Bigamy ends when the first spouse dies.” Death after the crime is consummated does not erase liability; however, if death occurs before arraignment it extinguishes criminal action.

11. Checklist for Practitioners

□ Secure judicial declaration of nullity of the first marriage before any contemplated remarriage.
□ Annotate the decree at the PSA; obtain updated CENOMAR.
□ Advise client to settle co-ownership (extrajudicial agreement) to avoid future confusion.
□ If criminally charged, examine whether the second union is void for lack of formal requisites; consider plea-bargaining to falsification (lighter penalty).
□ For foreigners, register foreign divorce via Art. 26 (2) FC before contracting another Philippine marriage.
□ Document good faith—e.g., lack of knowledge of prior marriage, defective license—because it affects both criminal liability and property division.

12. Conclusion

Bigamy straddles the line between status and crime. In the civil sphere, a bigamous union is void ab initio, producing no valid marital bond yet raising complex issues about property, children, and future remarriage. In the criminal sphere, the same act triggers bigamy prosecution, a felony that prescribes in fifteen years and survives even a later judicial declaration of nullity of the earlier marriage. Philippine law thus employs a double-barreled policy: (1) protect the sanctity and publicity of the marital register and (2) punish deliberate disregard of marital ties.

For individuals, the lesson is simple: Obtain a court decree—and register it—before walking down the aisle again. For practitioners, mastery of both the Family Code and the Revised Penal Code, plus current jurisprudence, is indispensable in advising, defending, or prosecuting parties entangled in bigamy-related litigation.