Remarriage After Secret Marriage with Living Spouse in the Philippines
Introduction
In the Philippine legal system, marriage is a special contract of permanent union between a man and a woman, governed primarily by the Family Code of the Philippines (Executive Order No. 209, as amended). The sanctity of marriage is upheld as a foundational institution, and any attempt to enter into a subsequent marriage while a prior one subsists is fraught with severe legal implications. This article explores the complexities surrounding remarriage following a "secret marriage" to a living spouse, where the initial union was conducted clandestinely but potentially valid under law. A secret marriage refers to a marital union solemnized without public knowledge or fanfare, often to evade social scrutiny, family disapproval, or other personal reasons. However, secrecy alone does not invalidate a marriage if essential requisites are met. The discussion delves into the validity of such marriages, the crime of bigamy, void subsequent marriages, civil and criminal consequences, and pathways for legal remarriage.
Validity of a Secret Marriage
Under Philippine law, the validity of a marriage hinges on compliance with essential and formal requisites outlined in Articles 2 and 3 of the Family Code. Essential requisites include legal capacity of the contracting parties (e.g., being at least 18 years old, single, and of sound mind) and their free consent. Formal requisites encompass authority of the solemnizing officer (such as a judge, priest, imam, or mayor), a valid marriage license (except in cases like marriages in articulo mortis or among Muslims under the Code of Muslim Personal Laws), and a ceremony where the parties declare their intent before the solemnizer and at least two witnesses.
A secret marriage does not inherently violate these requisites. For instance, couples may opt for a civil ceremony in a judge's chambers or a religious rite in a private setting, as long as the solemnizer is authorized and witnesses are present. The Family Code does not mandate public announcement or a large gathering; thus, secrecy for privacy reasons does not render the marriage void or voidable. Historical cases, such as those involving elopements or unions hidden from families, have been upheld if documentation like the marriage certificate exists and requisites were fulfilled.
However, if the secrecy stems from fraudulent intent or non-compliance—such as forging documents, lacking a license, or using an unauthorized solemnizer—the marriage may be void ab initio (from the beginning) under Article 4 of the Family Code. Void marriages include those where there is absence of requisites (e.g., bigamous, incestuous, or without consent), while voidable ones (annullable) involve issues like fraud or impotence. A valid secret marriage creates a subsisting marital bond, binding the spouses until death, annulment, or judicial declaration of nullity.
The Crime of Bigamy and Its Application
Bigamy is criminalized under Article 349 of the Revised Penal Code (Act No. 3815, as amended), which punishes any person who contracts a second or subsequent marriage before the former marriage has been legally dissolved, or before the absent spouse has been declared presumptively dead. The elements of bigamy are: (1) a valid prior marriage; (2) the prior spouse is living; (3) no legal dissolution of the first marriage; and (4) contraction of a second marriage.
In the context of a secret marriage, if the first union is valid despite its clandestine nature, any remarriage constitutes bigamy. The secrecy does not absolve the offender; courts have ruled that even if the first marriage was not publicly known, its legal existence (evidenced by records in the Civil Registry) suffices to establish the crime. For example, in People v. Nepomuceno (G.R. No. L-40624, 1935), the Supreme Court emphasized that the offender's knowledge of the prior marriage's validity is key, and ignorance due to secrecy is no defense if the marriage was properly solemnized.
The penalty for bigamy is prision mayor (6 years and 1 day to 12 years imprisonment), with possible civil liabilities. Prosecution requires a complaint from the offended spouse, but once filed, it proceeds as a public crime. Notably, if the second marriage occurs abroad, Philippine courts may still exercise jurisdiction if the offender is Filipino, under the nationality principle in criminal law.
Void Nature of the Subsequent Marriage
Pursuant to Article 35(4) of the Family Code, a marriage contracted by any party during the subsistence of a previous marriage is void from the beginning, except where the prior marriage was void or annulled. Thus, remarriage after a secret but valid marriage with a living spouse results in a bigamous union that is null and void. No judicial declaration is needed to establish its invalidity, though parties may seek one for purposes like property settlement or child legitimacy.
The second spouse, if in good faith (unaware of the prior marriage), may claim rights akin to a legal spouse until the nullity is declared, under Article 50. However, the bigamous spouse faces not only criminal charges but also potential estafa (swindling) claims if deception was involved. Children born of the void marriage are considered illegitimate (Article 165), unless the parents subsequently marry validly, which could legitimize them under certain conditions.
Civil and Familial Consequences
The ramifications extend beyond criminality. Property relations in the void second marriage default to co-ownership under Article 147 or 148 of the Family Code, depending on good or bad faith. The first marriage's property regime (e.g., absolute community or conjugal partnership) remains intact, complicating asset division.
Support obligations persist for the first spouse and children, while the second family's claims may be limited. Inheritance rights are affected: the bigamous spouse is disqualified from succeeding the innocent party, and children from the void marriage have reduced intestate shares.
Psychosocial impacts include stigma, family discord, and emotional distress. In a culturally conservative society like the Philippines, where divorce is not legalized (except for Muslims under Presidential Decree No. 1083), such situations often lead to prolonged legal battles.
Remedies and Pathways to Legal Remarriage
To remarry legally, the secret marriage must be terminated. Options include:
Death of the Spouse: Natural death dissolves the marriage (Article 41), allowing remarriage after obtaining a death certificate.
Declaration of Presumptive Death: If the spouse has been absent for four years (ordinary absence) or two years (extraordinary, e.g., danger of death), a court may declare presumptive death under Article 41, enabling remarriage. However, reappearance of the spouse voids the subsequent marriage.
Annulment: Under Article 45, grounds include psychological incapacity (Article 36, as interpreted in Republic v. Molina, G.R. No. 108763, 1997), fraud, force, impotence, or serious STDs. Annulment renders the marriage voidable, effective from the final judgment.
Declaration of Nullity: For void marriages, such as if the secret marriage lacked requisites (e.g., no license under Article 35). Petitions are filed in the Regional Trial Court.
Post-termination, a Certificate of Finality and annotation in the Civil Registry are required before remarriage. Foreign divorces by Filipinos are not recognized unless obtained by the alien spouse (Article 26, par. 2), allowing the Filipino to remarry.
Legal aid from the Public Attorney's Office or private counsel is advisable. Alternative dispute resolution, like mediation, may resolve ancillary issues.
Conclusion
Remarriage after a secret marriage with a living spouse in the Philippines is a legal minefield, rooted in the indissolubility of valid marriages and the criminalization of bigamy. While secrecy does not invalidate a compliant union, it often exacerbates discovery and conflict. Individuals must prioritize legal dissolution through annulment, nullity, or death declarations to avoid void marriages, criminal penalties, and civil complications. Upholding marital integrity protects not only the parties but also societal order, underscoring the need for transparency and adherence to the Family Code's mandates. Consultation with legal experts is essential to navigate these intricacies.