Petition to Annul (Declare Void) a Bigamous Marriage in the Philippines
(Steps • Requirements • Costs • Practical Notes)
1. What “bigamous marriage” means under Philippine law
Concept | Key Points | Legal Basis |
---|---|---|
Bigamy (criminal sense) | Contracting a second (or third…) marriage while a valid prior marriage still subsists. | Art. 349, Revised Penal Code (RPC) |
Bigamous marriage (civil sense) | The second (or later) marriage itself is void from the beginning (void ab initio) because it falls under the category of “bigamous or polygamous marriages.” | Art. 35(4), Family Code |
Proper remedy | A Petition for Declaration of Nullity of Marriage—colloquially called “annulment” but technically a nullity case. | Art. 39–40, Family Code; A.M. No. 02-11-10-SC (Rule on Nullity/Annulment) |
Tip: A bigamy prosecution and a civil petition for nullity are separate; one may proceed without the other, though they often run side-by-side.
2. Who may file and where
Eligible Petitioner | Venue (Family Court) |
---|---|
Either spouse of the bigamous marriage (including the “first” spouse who wants the second marriage struck down), or the State (through the OSG/Prosecutor) | Family Court of the province or city where any party has been residing for the last 6 months; if petitioner is an overseas Filipino, where he/she resided before going abroad. |
Children born of the bigamous union | May file only after both parents are dead, to protect inheritance rights (Art. 263, FC). |
3. Documentary requirements (typical)
Certified true copies from the PSA or Local Civil Registrar (LCR):
- First marriage certificate
- Second (bigamous) marriage certificate
- Birth certificates of children (if any)
CENOMAR (Certificate of No Marriage) of each spouse (shows subsisting marriage).
Proof of residence (barangay cert./IDs, utility bills).
Special Power of Attorney if filing through an attorney-in-fact.
Sworn certification against forum shopping.
Publication affidavit & clipping later (see Step 6).
4. Procedural roadmap
Stage | What happens | Typical timeline* |
---|---|---|
1 – Consultation & draft petition | Lawyer gathers facts, drafts verified petition citing Art. 35(4) FC. | 2–6 weeks |
2 – Filing & raffling | Pay docket fees; case raffled to a Family Court; summons issued to respondent and sent to the OSG & City/Provincial Prosecutor. | 2–4 weeks |
3 – Pre-trial | Court settles issues; refers parties to court-annexed mediation (yes, even in nullity cases); if mediation fails, pre-trial ends. | 3–6 months |
4 – Reception of evidence | Petitioner presents oral testimony, documentary proofs; Office of the Prosecutor cross-examines (to guard against collusion). | 6–12 months |
5 – Publication | Petitioner causes the order setting the case for hearing to be published once a week for 2 consecutive weeks in a newspaper of general circulation, with proof filed in court. | Overlaps with Stage 4 |
6 – OSG comment & case submission | OSG files Manifestation (no opposition or formal opposition) then case is deemed submitted for decision. | 1–3 months |
7 – Decision & entry of judgment | Court issues decision declaring the marriage void; decision becomes final after 15 days if no appeal. | 1–2 months |
8 – Annotation | Final decree transmitted to LCR/PSA for annotation on marriage certificates & CENOMARs, and on affected children’s birth records. | 1–3 months |
*Real-world durations vary by court docket load. In congested Metro Manila courts, entire process often stretches 18 – 36 months.
5. Costs breakdown (2025 figures, Philippine pesos)
Item | Typical Range | Notes |
---|---|---|
Docket & filing fees | ₱ 2,000 – ₱ 5,000 | Depends on court; indigents may be exempt (Rule 141, Sec. 19). |
Sheriff/process server | ₱ 1,000 – ₱ 3,000 | For service of summons & notices. |
Publication | ₱ 7,000 – ₱ 15,000 | Provincial papers cheaper; Metro dailies pricier. |
Lawyer’s professional fees | ₱ 70,000 – ₱ 250,000+ | Can be fixed, hourly, or installment; includes pleadings, hearings, incidentals. |
Miscellaneous (PSA copies, notarization, transport) | ₱ 3,000 – ₱ 10,000 | Buffer for unforeseen expenses. |
Total cash-out (excluding lawyer’s fee) | ≈ ₱ 15,000 – ₱ 30,000 |
Tip: Many lawyers offer “phased” payment—e.g., 30 % on filing, 40 % after pre-trial, 30 % on decision. Shop around and insist on a written fee agreement.
6. Effects of a nullity decree
Aspect | Consequence | Statutory Anchor |
---|---|---|
Civil status | Parties revert to “single”; bigamous marriage annotated “VOID.” | Art. 40 FC |
Property regime | No absolute community. Each party keeps exclusive property; co-ownership may arise for contributions in bad faith (Art. 147). | |
Children’s status | Legitimate if at least one parent was in good faith (thought marriage was valid) (Art. 168). Otherwise, children are “natural” but entitled to support and limited inheritance. | |
Succession rights | Void spouse has no spousal legitime; children’s shares depend on legitimacy as above. | |
Criminal liability | Filing (or winning) the civil case does not erase potential criminal bigamy charge; but a favorable civil judgment is persuasive in defense. |
7. Common defenses & evidentiary issues
Good-faith belief that first marriage was void/ended
- E.g., spouse relied on void first marriage yet lacked a judicial declaration of nullity (Art. 40).
First marriage already dissolved by valid divorce recognized in PH
- Must show foreign divorce decree and PH court recognition (Art. 26 (2) FC).
Forgery or mistaken identity
- Bigamous marriage certificate does not pertain to respondent.
Void ab initio first marriage
- If first marriage itself is void and judicially declared so, the second marriage may become valid (if no other impediments).
8. Strategic & practical tips
- Always secure PSA-certified copies early; courts will require recently issued copies (within 6 months).
- Record all attempts to locate and serve the other spouse—needed for substituted service.
- If you are the first spouse, consider a petition to declare the second marriage void plus a criminal complaint for bigamy; doing the civil case first often speeds up the criminal case.
- Expect active participation by the public prosecutor; prepare complete documentary trail.
- Keep proof of expenses (publication receipts etc.); they are reimbursable as costs if court so decrees.
- After finality, follow up with the PSA; annotation backlogs may take 6–12 months—send copies of the decree yourself for faster processing.
9. Frequently asked questions
Question | Quick Answer |
---|---|
Can I remarry immediately after the decision? | Wait for entry of judgment and secure PSA-annotated records; most Local Civil Registrars require these before issuing a new marriage license. |
Will my children automatically be illegitimate? | Not necessarily—good-faith spouse rule (Art. 168) can preserve legitimacy. |
Do I need to testify if I’m overseas? | Yes, but courts now allow remote testimony via videoconference (A.M. No. 20-12-01-SC). |
What if my spouse can’t be found? | Court can order summons by publication; case may proceed ex parte after due diligence. |
Is mediation mandatory? | Yes. Even void-marriage cases undergo mediation, though issues often revolve around support and property, not reunion. |
10. Sample timeline in practice
Month 0–1 Initial consult & drafting
Month 2 Filing / raffle / summons
Month 4 Pre-trial & mediation
Month 5–14 Presentation of evidence & publication
Month 15–18 Case submitted / Decision released
Month 19 Decision final & executory
Month 20–24 PSA annotation completed
11. Key jurisprudence to cite in your petition
Case | G.R. No. / Date | Point Established |
---|---|---|
Domingo v. CA | 119 years (G.R. No. 119792, Jan 29 1998) | Need for judicial declaration before remarriage. |
Morigo v. People | 145 SCRA (G.R. No. 145226, Feb 06 2002) | Lack of marriage license makes marriage void; interaction with bigamy charge. |
Niñal v. Badayog | G.R. No. 133778, Jun 12 2000 | Good-faith spouse doctrine legitimizing children of void marriages. |
De Castro v. Assidao-De Castro | G.R. No. 160172, Feb 13 2008 | Property relations under Art. 147 when both parties in bad faith. |
Bottom line
A bigamous marriage is void from the start, but you still need a court decree to clean up civil records, protect inheritance rights, and remove future legal cloud. Careful documentation, realistic budgeting, and patience with court timelines are crucial. Consult a family-law specialist early and insist on transparent fees and periodic case updates.