What to Do If You Married a Bigamist in the Philippines: Legal Remedies

This guide explains, in practical detail, what happens if you discover that the person you married already had a subsisting marriage, and what you can do next—civil, criminal, and administrative.

1) First Principles: Why a bigamous marriage is void

Bigamy voids the later marriage. Under the Family Code, a marriage “contracted by any person during the subsistence of a previous marriage” is void from the beginning (void ab initio).
The exception (rare): A later marriage can be valid only if the earlier spouse was judicially declared presumptively dead before the later wedding (Family Code, Art. 41). That requires: (a) continuous absence—generally 4 years (2 years if there was danger of death), (b) well-founded belief of death, and (c) a court judgment declaring presumptive death obtained prior to contracting the second marriage.

Practical takeaway: If your spouse was still married when your ceremony happened and there was no prior court order of presumptive death, your marriage is void.

2) Your Legal Options at a Glance

Civil action:
- Petition for Declaration of Nullity of Void Marriage (Family Code Art. 35[4]).
- Optional/additional: Civil damages for bad faith (Civil Code Arts. 19, 20, 21), and reliefs under special laws (e.g., VAWC) if facts fit.
Criminal action:
- Bigamy (Art. 349, Revised Penal Code). You can file a criminal complaint with the Office of the City/Provincial Prosecutor.
Administrative/records fixes:
- PSA annotation of the court decree on your marriage record and, when applicable, on the birth records of children.
- Update IDs/beneficiaries (SSS, PhilHealth, Pag-IBIG, GSIS, bank/insurance, immigration records).
Protective measures:
- Protection orders (Barangay/TPO/PPO) under the Anti-VAWC Act if there is violence, intimidation, stalking, economic abuse, or harassment.

3) Civil Case: Declaration of Nullity (the core remedy)

A. What the case asks the court to do

Judicially declare your marriage void ab initio for being bigamous, and direct the Local Civil Registrar/PSA to annotate the judgment.

B. Where to file

Generally in the Family Court of the province/city where you (the petitioner) reside.

C. Parties and government participation

You file against your spouse (the bigamist).
The State (through the Office of the Solicitor General) participates to protect the institution of marriage.

D. Evidence you typically need

Your marriage certificate (the void later marriage).
Proof of the earlier, still-subsisting marriage of your spouse (PSA certificate or CENOMAR/CEMAR traces, prior marriage contract, etc.).
Proof that no judicial presumptive-death decree existed before your wedding (CENOMAR/CEMAR, certifications, or the spouse’s failure to show such decree).
Any admissions (messages, affidavits), and witnesses who can attest to the earlier marriage and timeline.

E. Expected outcomes

Decree of nullity (your status reverts to single).
PSA/Local Civil Registrar annotation of the decree.
No conjugal property arises from a void bigamous marriage (see property rules below).
Attorney’s fees, moral and exemplary damages may be awarded upon proof of bad faith and injury.

4) Criminal Case: Bigamy (when, why, and how)

A. Elements the prosecution must show

A first, valid marriage existed;
The first marriage was subsisting at the time of the second;
The second marriage was contracted; and
The accused knew of and had capacity to marry (no valid defense like a prior judicial presumptive-death decree).

B. Where to initiate

File a complaint-affidavit with the Prosecutor’s Office where the second marriage was celebrated or where the accused resides (venue can vary; consult counsel).

C. Penalty and prescription

Penalty: Prisión mayor (a serious felony).
Prescription: Generally 15 years for offenses punishable by prisión mayor. Counting can be nuanced (often from discovery by the offended party); get counsel to compute accurately for your facts.

D. Interaction with the civil case

You can pursue both civil nullity and criminal bigamy. The result of one may inform—but does not automatically control—the other.
Important: A later court declaration that the second marriage is void (e.g., on other grounds) does not erase bigamy if the offense was complete when the second marriage was contracted while the first was still in force.

5) Property, Money, and Support

A. Property between you and the bigamist

Because the marriage is void, no conjugal partnership or absolute community arises.
The property regime follows Articles 147/148 of the Family Code (void unions), depending on good/bad faith and whether there was an impediment:
- Bigamy involves a legal impediment, so Article 148 typically applies.
- Only properties acquired through your actual joint contributions are co-owned, and shares are in proportion to those contributions.
- Salaries/earnings exclusively earned by one remain that person’s exclusive property (not co-owned).
- A party in bad faith can suffer forfeiture of their share in favor of the common children and, in some scenarios, the innocent party (exact allocation depends on facts and judicial findings).

B. Support between you and the bigamist

Spousal support (as spouses) generally does not apply because the marriage is void.
You can claim damages (moral, exemplary, attorney’s fees) for deceit, humiliation, and expenses upon proper proof.

C. Support for children

Children’s right to support from their parents is unaffected by the void nature of the marriage.
You may seek child support and custody/visitation orders in the appropriate court.

6) Children’s Status, Surnames, and Filiation

Legitimacy: Children from a bigamous (void) marriage are generally illegitimate, unless covered by special statutory provisions (bigamy is not among the exceptions that confer legitimacy).
Surnames: An illegitimate child generally uses the mother’s surname, unless the father acknowledges the child in the record of birth, will, or a public instrument—then the child may use the father’s surname, subject to civil registry rules.
Filiation: You can establish paternity by acknowledgment, DNA evidence, or other competent proof; once established, rights to support and succession (as illegitimate) attach under the Civil Code and Family Code.

7) Special Protection: Anti-VAWC Remedies

If your partner’s acts involve physical, sexual, psychological, or economic abuse, you can seek:

Barangay Protection Order (BPO) – quick, short-term relief.
Temporary/Permament Protection Order (TPO/PPO) from the court – broader, longer-term reliefs (stay-away orders, custody, support, exclusive use of residence, firearms surrender, etc.). These remedies apply to intimate partners even if the marriage is void.

8) Administrative Steps After Winning Your Civil Case

Secure an Entry of Judgment and the final decree.
Serve certified copies on the Local Civil Registrar where the marriage was recorded and request transmittal to PSA for annotation.
Request new PSA copies showing the annotation.
Update your status and beneficiary records with SSS, PhilHealth, Pag-IBIG, GSIS, HR, banks, and immigration (if relevant).
Children’s civil registry: Where appropriate, coordinate for any annotations or affidavits consistent with the judgment and the rules on surnames/filiation.

9) Strategy: Which Case First?

Safety first: If there is abuse, prioritize protection orders.
Civil first (often practical): File the nullity petition to fix your legal status and records; it also helps crystalize facts for any criminal case.
Criminal bigamy can be pursued in parallel if you want accountability and deterrence; discuss timing with counsel (risk of retaliation, evidentiary posture, settlement dynamics).

10) Typical Timeline & Expectations (high level)

Preparation (2–8 weeks): Gather PSA records (marriage certificates/CENOMAR/CEMAR), affidavits, messages, financial docs, proof of bad faith, proof of absence of a presumptive-death decree, etc.
Filing to judgment: Highly variable (several months to over a year), depending on court load, service of summons (especially if spouse is evasive/abroad), mandatory investigations, and presentation of evidence.
After judgment: Allow time for PSA annotation (weeks to a few months, varies by office).

(These are practical ranges; courts move at different speeds.)

11) Practical Evidence Checklist

PSA Marriage Certificate (your marriage).
PSA CEMAR/CENOMAR for both parties (to trace prior marriages).
PSA Marriage Certificate of the earlier marriage of your spouse.
Proof there was no prior presumptive-death decree before your wedding.
Communications acknowledging the earlier marriage (texts, emails, chats).
Photos, witness statements, social-media posts showing the earlier spouse’s existence/continuing cohabitation.
Financial records for property/contributions (for Article 148 issues).
Proof of harm (medical/psychological reports, receipts) for damages or VAWC relief.

12) Common Pitfalls & Defenses You’ll Hear (and the usual responses)

“But our second marriage was later annulled/voided on another ground—so no bigamy.” → Bigamy is usually complete at the moment the second marriage was contracted while the first was still in force; a later nullity of the second marriage typically does not erase the offense.
“We thought the first marriage was already void anyway.” → As a rule, you cannot self-declare a prior marriage void; judicial declarations matter, especially for presumptive death. Good-faith claims are fact-specific and rarely succeed without robust proof.
“The first marriage had a defect.” → If the first marriage was never valid (e.g., truly void from the start) and is judicially recognized as such, that can affect both civil and criminal analyses—but this is technical and evidence-driven.
“We lived together for years; that makes it valid.” → No. Cohabitation never cures a bigamous impediment.

13) Costs and Funding Tips

Filing fees (nullity) vary by court and claimed reliefs; ask the Clerk of Court.
Attorney’s fees depend on complexity and location; request a clear engagement letter.
Barangay legal desks, PAO (if you qualify), law school legal aid clinics, and certain NGOs can assist or refer counsel.

14) After the Case: Rebuilding Your Legal & Personal Baseline

Keep certified copies of the judgment and annotations in a secure place.
Update estate plans, beneficiaries, and insurance designations.
Consider counseling or support groups; bigamy is a profound betrayal, and emotional recovery is as important as the legal one.

15) Quick FAQ

Q: Do I need a court case if my marriage is already void? A: Yes. Even void marriages require a court declaration to correct public records and avoid future legal complications.

Q: Can I immediately marry someone else after filing? A: No. Wait for a final judgment and proper PSA annotation reflecting your status as single.

Q: What happens to property we acquired together? A: In bigamous unions, only actual joint contributions are co-owned, generally no 50-50 presumption; courts can forfeit a bad-faith party’s share in favor of the children/innocent party as the law provides.

Q: Are my children “left with nothing” because they’re illegitimate? A: No. Illegitimate children have rights to support and succession (a legitime), once filiation is established.

Q: Can I keep using my married surname? A: After a decree of nullity, you ordinarily revert to your maiden surname. Using the bigamist’s surname can cause future record conflicts.

16) Action Plan You Can Start Today

Secure PSA docs: your marriage certificate, CENOMAR/CEMAR, and the earlier marriage certificate of your spouse.
Preserve evidence: messages, photos, posts, receipts.
Consult counsel: assess civil nullity, criminal bigamy, VAWC, damages, and property strategy.
Consider safety: if there’s abuse, request BPO/TPO immediately.
Plan for children’s needs: pursue support and custody orders as needed.

Final note

Every case turns on its documents and timelines. The sooner you assemble records and get tailored advice, the faster you can correct your civil status, protect yourself and your children, and, if you choose, hold the bigamist accountable.