Introduction

In the Philippines, marriage is governed primarily by the Family Code of the Philippines (Executive Order No. 209, as amended), which defines it as a special contract of permanent union between a man and a woman entered into in accordance with law for the establishment of conjugal and family life. This legal framework emphasizes the sanctity and permanence of marriage, making any violation, such as bigamy, a serious offense under both civil and criminal law. The interplay between the validity of a first marriage and long-term cohabitation raises complex issues, particularly when cohabitation mimics marital life without formal solemnization or when a subsequent union occurs while the first marriage subsists. This article explores the legal principles, requirements, prohibitions, and consequences surrounding these topics, drawing from statutory provisions, jurisprudence, and doctrinal interpretations.

Bigamy, as a criminal act, underscores the state's interest in protecting the institution of marriage, while long-term cohabitation, though not equivalent to marriage, carries certain property and familial rights under specific conditions. Understanding these elements is crucial for individuals navigating personal relationships, as invalid unions can lead to nullity declarations, criminal liability, and disputes over property, support, and legitimacy of children.

Requirements for a Valid Marriage

For a marriage to be valid in the Philippines, it must satisfy essential and formal requisites as outlined in Articles 2 and 3 of the Family Code.

Essential Requisites

Legal Capacity of the Contracting Parties: Both parties must be at least 18 years old, of opposite sexes (as per the Family Code's heteronormative definition, though recent discussions on same-sex unions remain unresolved under current law), and not under any legal impediment. Impediments include existing marriages, certain blood relations (incestuous marriages under Art. 37), adoptive relations (Art. 38), and other void unions (Art. 35).
Consent Freely Given: Consent must be voluntary, without fraud, duress, or mistake as to identity. Vitiated consent can render the marriage voidable under Article 45.

Formal Requisites

Authority of the Solemnizing Officer: Marriages must be solemnized by authorized persons, such as judges, mayors, priests, rabbis, imams, or ministers registered with the civil registrar, or ship captains/airplane chiefs in articulo mortis cases (Art. 7).
Valid Marriage License: A license from the local civil registrar is required, except in specific exemptions like marriages among Muslims or indigenous groups under their customs, or in remote areas (Art. 27-34).
Marriage Ceremony: The ceremony must involve the personal appearance of the parties before the solemnizing officer, with at least two witnesses, where the parties declare their intent to take each other as husband and wife (Art. 6).

Absence of any essential requisite renders the marriage void ab initio (from the beginning), while defects in formal requisites may make it voidable or irregular but still valid until annulled. For instance, a marriage without a license is void unless exempted under Article 34, which allows cohabitants who have lived together as husband and wife for at least five years without legal impediment to marry without a license, provided they execute an affidavit attesting to their cohabitation and lack of impediment.

Jurisprudence, such as in Republic v. Dayot (G.R. No. 175581, 2008), reinforces that strict compliance is necessary, and any presumption of validity can be rebutted by evidence of defects.

Bigamy Under Philippine Law

Bigamy is criminalized under Article 349 of the Revised Penal Code (RPC), which punishes anyone 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 penalty is prision mayor (6 years and 1 day to 12 years imprisonment).

Elements of Bigamy

To establish bigamy, the prosecution must prove:

The offender has been legally married.
The first marriage has not been legally dissolved or, in case of absence, the spouse has not been declared presumptively dead under Articles 390-391 of the Civil Code (after 4 years of continuous absence under extraordinary circumstances, or 7 years ordinarily).
The offender contracts a second or subsequent marriage.
The second marriage has all the essential requisites for validity (except the dissolution of the first).

Notably, even if the second marriage is void for other reasons, bigamy can still be charged if the offender believed it to be valid. In People v. Nepomuceno (G.R. No. L-40624, 1975), the Supreme Court held that good faith is not a defense, as the law presumes knowledge of the subsisting marriage.

Civil Consequences

A bigamous marriage is void ab initio under Article 35(4) of the Family Code. It produces no legal effects except for the legitimacy of children conceived before the nullity declaration (Art. 54) and potential property rights if the second spouse acted in good faith (Art. 50). The first marriage remains valid and subsisting, barring the bigamous spouse from remarrying without annulment or nullity.

In cases where the first marriage is annulled after the second union, retroactive effects may apply, but criminal liability for bigamy persists if committed before the annulment. Tenebro v. Court of Appeals (G.R. No. 150758, 2004) clarified that a judicial declaration of nullity is required to terminate a void marriage for remarriage purposes, overturning prior doctrines allowing automatic nullity.

Long-Term Cohabitation and Its Legal Implications

The Philippines does not recognize common-law marriages, meaning long-term cohabitation alone does not confer marital status or rights equivalent to those of married couples. However, the Family Code and related laws provide limited protections.

Cohabitation Without Marriage

Under Article 147 of the Family Code, when a man and a woman capacitated to marry live exclusively with each other as husband and wife without marriage, their property regime is co-ownership. Wages, salaries, and properties acquired through joint efforts are owned equally, provided no legal impediment exists. If one party is incapacitated (e.g., married to someone else), Article 148 applies, limiting co-ownership to properties acquired through actual joint contribution, with proof required.

Children born from such unions are legitimate if the parents marry later (Art. 178), but otherwise illegitimate, though entitled to support and inheritance rights (Art. 176).

Exemption from Marriage License

Article 34 provides an exception: Couples who have cohabited for at least five years without impediment can marry without a license by submitting an affidavit. This aims to legitimize long-term unions but does not validate prior cohabitation as marriage. In Niñal v. Bayadog (G.R. No. 133778, 2000), the Supreme Court ruled that this exemption applies only if no impediment existed throughout the cohabitation period.

Rights and Obligations

Cohabitants may claim support if in need (Art. 195), but not alimony-like payments post-separation. Property division upon separation follows co-ownership rules, often leading to partition suits. In cases involving a married person cohabiting with another, the legal spouse can file for legal separation (Art. 55) or adultery/concubinage charges under the RPC (Arts. 333-334).

Jurisprudence like Valdes v. RTC (G.R. No. 122749, 1996) emphasizes that cohabitation does not equate to marriage, protecting the first spouse's rights.

Validity of First Marriage in Cases of Subsequent Unions or Cohabitation

The first marriage's validity is presumed under Article 220 of the Civil Code, requiring clear and convincing evidence to rebut it. If valid, it bars subsequent marriages or confers no marital status on cohabitation.

Challenges to Validity

Void Marriages: Automatically invalid, e.g., bigamous, incestuous, or lacking requisites (Art. 35-38). No judicial declaration needed for invalidity, but required for remarriage (Art. 40).
Voidable Marriages: Valid until annulled, e.g., due to minority, impotence, or fraud (Art. 45). Annulment must be sought within prescribed periods.

In long-term cohabitation following a void first marriage, parties may seek nullity declaration to formalize a new union. However, if the first marriage is valid, cohabitation constitutes concubinage if involving a married man, or adultery for a married woman, both criminal under the RPC.

Psychological Incapacity

Article 36 allows nullity for psychological incapacity to comply with marital obligations, a ground interpreted expansively in Republic v. Molina (G.R. No. 108763, 1997) but narrowed in subsequent cases like Ngo Te v. Yu-Te (G.R. No. 161793, 2009), requiring expert testimony and proof of gravity, juridical antecedence, and incurability.

Remedies and Legal Actions

Declaration of Nullity or Annulment: Filed in the Regional Trial Court to invalidate the marriage (Arts. 39, 47). Bigamous spouses face criminal charges separately.
Criminal Prosecution for Bigamy: Initiated by the offended spouse or authorities, with prescription after 15 years (Art. 90, RPC).
Property and Custody Disputes: Governed by the Family Code; good-faith parties in void marriages may retain property rights (Art. 147-148).
Support and Damages: Legal spouses can claim moral damages for psychological pain from bigamy or cohabitation.

Cases like Mercado v. Tan (G.R. No. 137110, 2000) illustrate that remarriage without nullity declaration constitutes bigamy, even if the first marriage is void.

Conclusion

The Philippine legal system staunchly upholds the validity of a first marriage unless properly dissolved, viewing bigamy as a direct affront to societal order and imposing severe penalties. Long-term cohabitation, while offering some property protections, falls short of marital equivalence, serving primarily as a pathway to formal marriage under exemptions. Individuals must navigate these rules carefully to avoid civil invalidity, criminal liability, and familial disruptions, ensuring compliance with the Family Code's emphasis on permanence and legitimacy.