Validity of Marriage After Multiple Prior Marriages in the Philippines

Introduction

In the Philippines, marriage is regarded as a sacred institution and a foundational element of society, protected by the Constitution and governed primarily by the Family Code of the Philippines (Executive Order No. 209, as amended by Executive Order No. 227 and Republic Act No. 9262, among others). The validity of a marriage, particularly when an individual has entered into multiple prior unions, hinges on strict legal requirements designed to uphold monogamy, prevent bigamy, and ensure the stability of family relations. This article explores the comprehensive legal principles surrounding the validity of subsequent marriages following one or more prior marriages, drawing from statutory provisions, judicial interpretations, and doctrinal insights. It addresses the essential and formal requisites for a valid marriage, the consequences of prior undissolved marriages, grounds for nullity and annulment, criminal implications, and special considerations under Philippine law.

Legal Framework Governing Marriage

The Family Code, enacted in 1987, serves as the primary codification of marriage laws in the Philippines. Article 1 defines marriage 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 definition underscores the heterosexual and monogamous nature of marriage under Philippine jurisdiction, excluding same-sex unions and polygamous arrangements, which are deemed contrary to public policy.

Philippine law does not recognize divorce for marriages between Filipino citizens solemnized under civil law, making the dissolution of a valid marriage exceedingly limited. Instead, marriages may be declared null and void or annulled through judicial proceedings. Legal separation, while allowing spouses to live apart, does not terminate the marital bond and thus prohibits remarriage. These principles are crucial when assessing the validity of a marriage after multiple prior ones, as any subsisting prior marriage renders subsequent unions invalid.

The Civil Code of the Philippines (Republic Act No. 386), while largely supplanted by the Family Code in family matters, provides supplementary rules, particularly on property relations and obligations. Additionally, the Revised Penal Code (Act No. 3815) criminalizes bigamy, reinforcing the civil prohibitions.

Essential and Formal Requisites for a Valid Marriage

For a marriage to be valid, it must satisfy both essential and formal requisites under 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, and not under any legal impediment. Impediments include subsisting prior marriages, which directly impact validity after multiple unions. If a party has a prior marriage that has not been legally dissolved, they lack capacity, rendering the new marriage void ab initio (from the beginning).
Consent Freely Given: Consent must be voluntary and in the presence of a solemnizing officer and at least two witnesses. Absence of consent due to fraud, intimidation, or mistake can lead to annulment, but this does not inherently relate to prior marriages unless the prior union was concealed.

Formal Requisites

Authority of the Solemnizing Officer: Marriages may be solemnized by judges, mayors, priests, rabbis, imams, or ministers authorized by law. Ship captains or airplane chiefs can solemnize in articulo mortis (at the point of death), and military commanders in certain circumstances.
Marriage License: A valid license is required, except in cases like marriages in articulo mortis, among Muslims or indigenous groups under customary laws, or cohabitation for at least five years without impediment (Article 34).
Marriage Ceremony: The parties must appear personally before the solemnizing officer and declare their intent to marry, with witnesses present.

Breach of essential requisites results in a void marriage, while defects in formal requisites may render it voidable or irregular but curable. In the context of multiple prior marriages, the key issue is often the essential requisite of legal capacity.

Impact of Prior Marriages on Subsequent Unions

A fundamental principle in Philippine law is the presumption of validity of marriage (Article 220, Civil Code). However, this presumption yields to evidence of invalidity, particularly when prior marriages exist.

Void Marriages Due to Bigamy or Polygamy

Under Article 35 of the Family Code, bigamous or polygamous marriages are void from the beginning. If an individual marries again without the prior marriage being annulled, declared null, or terminated by death, the subsequent marriage is null and void. This applies regardless of good faith or ignorance of the prior marriage's subsistence.

For instance, if a person has two prior marriages, both must be legally addressed before a third can be valid. Judicial declaration of nullity or annulment is required for void or voidable marriages, respectively. Mere physical separation or de facto dissolution does not suffice.

Criminal Liability for Bigamy

Bigamy is punishable under Article 349 of the Revised Penal Code, with penalties ranging from prisión mayor (6 years and 1 day to 12 years) if the offender contracts a second marriage before the first is legally dissolved. The crime requires: (1) a legally valid first marriage, (2) subsistence of that marriage, (3) contraction of a second marriage, and (4) the second marriage having all requisites for validity except the dissolution of the first.

Prosecution for bigamy can proceed independently of civil actions for nullity, but a conviction requires proof beyond reasonable doubt. Notably, if the first marriage is void (e.g., due to lack of license), there is no bigamy, as there was no valid prior marriage.

Psychological Incapacity and Other Grounds for Nullity

Article 36 introduces psychological incapacity as a ground for declaring a marriage void, interpreted by the Supreme Court in cases like Republic v. Molina (1997) as a serious psychological disorder rendering a party incapable of fulfilling marital obligations. This is relevant for individuals with multiple marriages, as repeated failures may indicate such incapacity, allowing nullification of prior unions to enable valid remarriage.

Other void marriages include those without consent, incestuous unions (Article 37), or contrary to public policy (Article 38, e.g., between stepparents and stepchildren).

Annulment of Voidable Marriages

Voidable marriages are valid until annulled by court decree. Grounds under Article 45 include:

Minority (under 18 without parental consent).
Unsound mind.
Fraud (e.g., concealment of prior marriage, pregnancy by another, or sexually transmissible disease).
Force, intimidation, or undue influence.
Impotence.
Serious sexually transmissible disease.

Annulment must be filed within prescribed periods (e.g., five years for fraud). Upon annulment, the marriage is treated as valid until the decree, but parties regain capacity to remarry. For multiple prior marriages, each voidable one must be annulled separately.

Legal Separation and Its Limitations

Legal separation (Article 55) allows separation of bed and board on grounds like repeated physical violence, infidelity, or abandonment, but the marital bond persists. Remarriage is prohibited, and cohabitation with another constitutes adultery or concubinage (Articles 333-334, Revised Penal Code). Thus, after legal separation from multiple marriages, validity of new unions remains impossible without nullity or annulment.

Presumption of Death and Remarriage

Under Article 41, if a spouse is absent for four years (or two years in extraordinary circumstances like armed conflict), they may be presumed dead, allowing the present spouse to remarry after obtaining a judicial declaration of presumptive death. However, if the absent spouse reappears, the subsequent marriage is automatically terminated unless the new marriage was in good faith (Article 42). The reappearing spouse can seek annulment if bad faith is proven.

For multiple prior marriages, each absence must be judicially addressed, complicating matters if sequential presumptions are involved.

Special Cases and Exceptions

Muslim Marriages Under the Code of Muslim Personal Laws

Presidential Decree No. 1083 allows divorce (talaq or faskh) and polygamy (up to four wives) for Muslims, provided conditions like just cause and notification are met. A Muslim man may validly marry multiple times without nullifying prior unions, but this applies only within the Muslim community. Interfaith marriages may invoke civil law, potentially invalidating polygamous aspects.

Foreign Elements and Article 26

For marriages involving foreigners, Article 26 allows a Filipino spouse to remarry if the alien spouse obtains a valid foreign divorce capacitating them to remarry. This "divorce recognition" rule, affirmed in cases like Van Dorn v. Romillo (1985) and Pilapil v. Ibay-Somera (1989), enables Filipinos divorced abroad by foreign spouses to enter valid subsequent marriages. However, for purely Filipino marriages, this does not apply.

If multiple prior marriages involve foreign elements, each must be evaluated under conflict-of-laws rules (Article 15, Civil Code: nationality principle).

Marriages Abroad

Marriages between Filipinos solemnized abroad are valid if compliant with the lex loci celebrationis (law of the place of celebration), per Article 17 and Hague Convention principles. However, bigamous marriages abroad remain void under Philippine law.

Judicial Procedures and Evidence

To validate a subsequent marriage after prior ones, a petition for declaration of nullity (for void marriages) or annulment (for voidable) must be filed in the Regional Trial Court. Evidence includes marriage certificates, witness testimonies, and psychological evaluations. The Office of the Solicitor General represents the state to ensure collusion is absent.

The Supreme Court has emphasized strict proof in nullity cases to prevent abuse, as in Antonio v. Reyes (2006), requiring clear and convincing evidence of grounds.

Consequences of Invalid Marriages

Children from void or annulled marriages are legitimate if conceived before the decree (Article 54). Property relations default to absolute community or conjugal partnership, liquidated as in dissolution by death. Innocent spouses in bad-faith marriages may claim damages.

Conclusion

The validity of marriage after multiple prior marriages in the Philippines is stringently regulated to preserve monogamy and family integrity. Subsequent unions are valid only if all prior marriages are legally terminated through death, nullity, annulment, or presumptive death. Violations invite civil invalidity and criminal sanctions, underscoring the need for judicial intervention. As societal norms evolve, legislative reforms (e.g., proposed divorce bills) may alter this landscape, but current law demands rigorous compliance to ensure marital legitimacy. Individuals contemplating remarriage should seek legal counsel to navigate these complexities.