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.