Letter to a Lawyer

Dear Attorney,

I hope this message finds you well. I am seeking legal advice regarding a deeply distressing situation I am currently experiencing. My husband, to whom I am lawfully married, has entered into a relationship with another woman. To make matters worse, they have proceeded to marry each other without my knowledge or consent. I am left feeling betrayed and uncertain about what legal actions I can take against the woman involved, as well as my husband.

I would like to understand the possible charges or legal remedies I can pursue against the woman who married my husband under these circumstances. Could this also have legal implications for my husband? Additionally, I am keen to know how the Family Code of the Philippines addresses such issues. Your guidance on this matter would be greatly appreciated.

Sincerely,
A Wronged Wife

Legal Considerations Regarding Adultery, Bigamy, and Subsequent Marriages Under Philippine Law

The scenario described presents a complex legal issue governed primarily by the Revised Penal Code of the Philippines, the Family Code, and related jurisprudence. Below, we examine the possible legal actions, the rights of the aggrieved spouse, and the penalties that may apply to the parties involved in such a case.

I. Legal Framework Governing Marriage and Relationships in the Philippines

A. The Family Code of the Philippines

Under the Family Code of the Philippines, marriage is a special contract of permanent union between a man and a woman. Article 1 emphasizes that marriage is a legally binding relationship requiring the mutual consent of both parties. The institution of marriage entails mutual fidelity and exclusivity, underscoring that extramarital relationships, particularly those resulting in bigamous unions, are prohibited.

B. Revised Penal Code

The Revised Penal Code addresses violations of marital obligations under the following provisions:

Adultery (Article 333): Adultery is committed when a married woman engages in sexual relations with a man other than her husband. While this provision explicitly penalizes the married woman and her paramour, it is not directly applicable to your situation unless evidence exists that your husband’s second wife knew he was already married.
Concubinage (Article 334): Concubinage applies when a husband cohabits with a mistress in a scandalous manner, resides with her in the conjugal home, or maintains her in another abode. This could provide grounds for criminal action against your husband.
Bigamy (Article 349): Bigamy is the primary offense in this case. It occurs when a person who is legally married contracts a second marriage without the first being annulled or dissolved.

II. Potential Charges Against the Woman

A. Bigamy
If your husband knowingly entered into a second marriage despite being married to you, the woman who married him could also be held liable for bigamy if she knew of his prior marital status. Article 349 of the Revised Penal Code penalizes the act of contracting a subsequent marriage while the first subsists. Both parties in the second marriage can be prosecuted for this crime, punishable by imprisonment of up to six years and one day to twelve years.

B. Civil Liabilities
The woman may also be held liable for damages under Article 19 of the Civil Code, which mandates that every person must act with justice, give everyone their due, and observe honesty and good faith. The wrongful act of entering into a bigamous marriage may entitle you to seek moral damages if it caused mental anguish, emotional distress, or social humiliation.

C. Adultery (By Extension)
Although adultery is typically committed by a married woman, the concept can be indirectly applied if the woman engaged in sexual relations with your husband despite knowing his marital status. This scenario may not lead to criminal liability under Article 333 but can strengthen claims for moral and exemplary damages in a civil suit.

III. Possible Legal Actions Against Your Husband

A. Bigamy
Your husband is primarily liable for bigamy under the Revised Penal Code. Regardless of his relationship with the second wife, the act of contracting another marriage without dissolving the first constitutes a criminal offense. He may be arrested and tried for his actions.

B. Concubinage
If your husband and his second wife are living together in a scandalous manner or if he maintains her in another abode, you may file a criminal case for concubinage under Article 334. Concubinage imposes a penalty of prision correccional in its minimum and medium periods, which ranges from six months and one day to four years and two months.

C. Psychological Violence Under the Anti-Violence Against Women and Their Children Act (RA 9262)
RA 9262 criminalizes psychological violence, which includes marital infidelity causing emotional distress. Your husband’s betrayal and the resultant emotional harm may be actionable under this law, with penalties ranging from imprisonment to mandatory counseling.

IV. Procedural Steps for Filing a Case

A. Bigamy

Documentation: Secure your marriage certificate and evidence of your husband’s second marriage.
Filing a Complaint: File a complaint at the prosecutor’s office. Include affidavits, documentary evidence, and witnesses if possible.

B. Concubinage
This charge requires evidence of cohabitation or scandalous conduct. Photographs, testimonies, and surveillance reports can strengthen your case.

C. RA 9262
Psychological violence claims must be supported by affidavits, medical reports, or psychological assessments attesting to the emotional harm caused.

V. Civil Remedies and Annulment

A. Nullity of the Second Marriage
Under Article 35(4) of the Family Code, the second marriage is void from the beginning due to bigamy. You may file a petition for the nullity of this marriage to clarify its invalidity and protect your legal interests.

B. Damages
As the aggrieved spouse, you may claim moral and exemplary damages for the emotional distress caused by your husband’s infidelity.

C. Annulment or Legal Separation
Should you wish to sever ties with your husband, filing for annulment or legal separation is an option. Grounds include psychological incapacity, bigamy, or marital infidelity.

VI. Jurisprudential Insights and Real-Life Examples

A. Jurisprudence
The Supreme Court of the Philippines has consistently upheld the inviolability of marriage and the state’s interest in protecting this institution. Notable cases, such as Bobis v. Bobis and People v. Bitdu, have emphasized the penalties for bigamous acts and the moral culpability of those involved.

B. Practical Insights

Public Shaming Consequences: Bigamous unions often result in social stigma and legal complications for both parties.
Children’s Welfare: If children are involved in either marriage, custody and support issues must be addressed in conjunction with legal proceedings.

VII. Practical Considerations and Conclusion

The situation you face is a grave violation of marital rights. As a wronged spouse, you have robust legal remedies, including filing criminal charges for bigamy and concubinage, civil claims for damages, and seeking an annulment or legal separation. Ensuring justice requires careful documentation, timely filing of complaints, and collaboration with competent legal counsel.

By taking the appropriate legal steps, you can safeguard your rights and hold the offending parties accountable under Philippine law.