Validity of Marriage Abroad and Bigamy Risks in the Philippines

Introduction

In the Philippines, marriage is not merely a personal union but a social institution governed by strict legal principles under the Family Code of the Philippines (Executive Order No. 209, as amended) and the Revised Penal Code (Act No. 3815). The globalization of Filipino communities has led to an increasing number of marriages celebrated abroad, raising questions about their validity under Philippine law and the potential risks of bigamy. This article explores the legal framework surrounding the validity of marriages contracted outside the Philippines, the requirements for their recognition, and the severe implications of bigamy, particularly in cases where prior marriages remain subsisting. Drawing from Philippine jurisprudence and statutory provisions, it aims to provide a comprehensive overview to guide Filipinos navigating these complex issues.

Legal Framework Governing Marriages in the Philippines

The Family Code serves as the primary law on marriage, defining 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 (Article 1). Key principles include:

Essential Requisites: Legal capacity of the contracting parties (who must be a male and a female) and their consent freely given in the presence of a solemnizing officer (Article 2).
Formal Requisites: Authority of the solemnizing officer, a valid marriage license (except in specified cases), and a marriage ceremony where the parties declare their intent before the officer and at least two witnesses (Article 3).
Void and Voidable Marriages: Marriages lacking essential or formal requisites are void ab initio (from the beginning) or voidable, including bigamous or polygamous marriages (Article 35).

The Revised Penal Code criminalizes bigamy, while the Civil Code (Republic Act No. 386) and various Supreme Court decisions provide interpretive guidance. Notably, the Philippines does not recognize absolute divorce for Filipino citizens, making marriage dissolution primarily through annulment or legal separation.

Validity of Marriages Celebrated Abroad

Philippine law adheres to the principle of lex loci celebrationis, meaning the law of the place where the marriage is celebrated governs its formal validity. This is enshrined in Article 26 of the Family Code, which states: "All marriages solemnized outside the Philippines, in accordance with the laws in force in the country where they were solemnized, and valid there as such, shall also be valid in this country, except those prohibited under Articles 35(1), (4), (5) and (6), 36, 37 and 38."

Key Provisions and Exceptions

General Rule of Recognition: If a marriage between two Filipinos, or between a Filipino and a foreigner, is valid under the foreign country's laws, it is presumptively valid in the Philippines. This applies to both the form (e.g., civil or religious ceremony) and substance, as long as it complies with local requirements.
Exceptions to Recognition:
- Bigamous or Polygamous Marriages (Article 35(4)): A marriage contracted while a prior marriage subsists is void.
- Marriages Without Legal Capacity (Article 35(1)): Includes marriages where one party is below 18 years old without parental consent.
- Mistake in Identity (Article 35(5)): Marriages based on fraudulent identity.
- Subsequent Marriages Without Recording (Article 35(6)): Failure to record judicial decrees of annulment or nullity.
- Psychological Incapacity (Article 36): A ground for nullity if one party is psychologically incapable of complying with marital obligations.
- Incestuous Marriages (Article 37): Between ascendants/descendants or siblings.
- Marriages Against Public Policy (Article 38): Including those between collaterals by blood within the fourth civil degree.

For mixed marriages (Filipino and foreigner), Article 26 also addresses the recognition of foreign divorces: If a marriage between a Filipino and a foreigner is dissolved by a foreign divorce obtained by the foreigner, the Filipino spouse may remarry, provided the divorce is valid under the foreign law and recognized in the Philippines. However, this does not extend to divorces between two Filipinos, as divorce is not available to them.

Requirements for Recognition in the Philippines

To ensure a marriage abroad is recognized:

Compliance with Foreign Law: The marriage must be proven as a fact, with foreign law as a question of fact (Rule 132, Section 24 of the Rules of Court). This requires presenting evidence like marriage certificates, affidavits, or expert testimony on foreign law.
Consular Requirements: Filipinos marrying abroad are encouraged to report the marriage to the Philippine Embassy or Consulate for registration under Article 21 of the Family Code. This facilitates issuance of a Certificate of Legal Capacity to Contract Marriage (for marriages to foreigners) and ensures the marriage is recorded in the Civil Registry.
Judicial Recognition: In disputes, Philippine courts may require a judicial declaration of validity. For instance, in Republic v. Orbecido (G.R. No. 154380, 2005), the Supreme Court clarified the application of Article 26 to mixed marriages post-divorce.

Marriages in countries with different legal systems (e.g., common-law marriages in the U.S.) may face scrutiny if they lack formal ceremonies, as Philippine law emphasizes formal requisites.

Bigamy: Definition, Elements, and Penalties

Bigamy is the act of contracting a second marriage while the first remains valid and subsisting, without the first having been legally dissolved. It is a criminal offense under Article 349 of the Revised Penal Code, punishable by prision mayor (6 years and 1 day to 12 years imprisonment).

Elements of Bigamy

As established in jurisprudence (e.g., People v. De Lara, G.R. No. L-13808, 1960):

The offender has been legally married.
The first marriage has not been legally dissolved or, in case of absence, the absent spouse could not yet be presumed dead under the Civil Code.
The offender contracts a second or subsequent marriage.
The second marriage has all the essential requisites for validity.

The crime is consummated upon the celebration of the second marriage, regardless of cohabitation or intent.

Defenses and Mitigations

Good Faith Belief: If the offender reasonably believed the first marriage was dissolved (e.g., due to a void annulment decree), it may negate criminal intent, though this is rare (Mercado v. Tan, G.R. No. 137110, 2000).
Presumption of Death: Under Article 41 of the Family Code, a spouse absent for four years (or two years under extraordinary circumstances) may be presumed dead, allowing remarriage after a summary proceeding. However, if the absent spouse reappears, the subsequent marriage is terminated unless both parties obtain an annulment.

Bigamy Risks in the Context of Marriages Abroad

Filipinos marrying abroad face heightened bigamy risks due to misconceptions about foreign laws overriding Philippine rules.

Common Scenarios Leading to Bigamy

Remarriage After Foreign Divorce: Since the Philippines does not recognize divorce for Filipinos (except in mixed marriages per Article 26), a Filipino who obtains a divorce abroad and remarries commits bigamy. In Tsoi v. Court of Appeals (G.R. No. 119190, 1997), the Court emphasized that only annulment or declaration of nullity dissolves marriages for Filipinos.
Failure to Annul Prior Marriage: Many Filipinos marry abroad assuming distance nullifies prior unions. However, Philippine law's extraterritorial effect (Article 15 of the Civil Code) binds nationals regardless of location. Thus, a subsisting Philippine marriage renders a foreign marriage bigamous.
Proxy or Online Marriages: Some jurisdictions allow proxy marriages (e.g., Montana, U.S.), but if contracted while married, it constitutes bigamy. The Philippine Supreme Court in Republic v. Dayot (G.R. No. 175581, 2008) voided such marriages if requisites are lacking.
Muslim Marriages Abroad: Under the Code of Muslim Personal Laws (Presidential Decree No. 1083), Muslims may practice limited polygamy, but this applies only within the Philippines and does not exempt from bigamy charges if conflicting with general laws.

Consequences of Bigamy

Criminal Liability: Prosecution can occur in the Philippines even if the second marriage was abroad, as bigamy is a public crime (Article 2, Revised Penal Code on extraterritorial application).
Civil Effects: The bigamous marriage is void ab initio, affecting property rights, legitimacy of children (who are considered illegitimate but may be legitimated), and inheritance.
Immigration and Professional Repercussions: Bigamy convictions can lead to deportation, loss of citizenship petitions, or professional disbarment (e.g., for lawyers under the Code of Professional Responsibility).
Jurisprudential Insights: In Marbella-Bobis v. Bobis (G.R. No. 138509, 2000), the Court held that contracting a second marriage without dissolving the first is bigamy, even if the second is later annulled.

To mitigate risks, Filipinos should seek annulment through Philippine courts before remarrying abroad and consult the Department of Foreign Affairs for guidance.

Practical Considerations and Recommendations

Pre-Marriage Steps: Obtain a Certificate of No Marriage (CENOMAR) from the Philippine Statistics Authority to confirm no prior marriages.
Post-Marriage Registration: Register the foreign marriage with the Philippine Consulate within 30 days for civil effects.
Legal Consultation: Engage a Philippine lawyer specializing in family law to review foreign marriage documents.
Children and Property: In bigamous scenarios, children from the second marriage are illegitimate, impacting custody and support under Articles 176 and 195 of the Family Code.

Conclusion

The validity of marriages abroad offers Filipinos flexibility in a globalized world but is tempered by stringent Philippine laws designed to protect the sanctity of marriage. Bigamy remains a significant risk, carrying criminal, civil, and social consequences that can upend lives. Understanding these principles—rooted in the Family Code's emphasis on monogamy and public policy—is crucial. Filipinos contemplating marriage abroad should prioritize legal compliance to avoid inadvertent violations, ensuring their unions are not only romantic but legally unassailable. For personalized advice, consulting legal experts or the courts is indispensable.