Under Article 349 of the Revised Penal Code, bigamy is committed by any person who contracts a second or subsequent marriage before their former marriage has been legally dissolved, or before their absent spouse has been judicially declared presumptively dead.
For Can a bigamous marriage be declared null and void? the crime to exist, Is a "good faith" belief that the first marriage was over a valid defence for bigamy? four elements must be present:
The offender was legally married.
The first marriage has not been legally dissolved (or the absent spouse has not been declared presumptively dead).
The offender contracts a second or subsequent marriage.
The second marriage has all the essential requisites for validity, Does the death of the first spouse validate a second bigamous marriage? were it not for the existence of the first marriage.
The Validity of the Second Marriage
A second marriage contracted while a first marriage is still subsisting is void from the beginning (void ab initio) under Article 35(4) of the Family Code. It has no legal effect, even if the first marriage was technically "void" for other reasons (such as lack of a license). In the Philippines, you cannot simply decide your first marriage is over; you must have a judicial declaration of nullity before you can legally remarry.
Penalties and Imprisonment
Yes, you can be imprisoned for bigamy. It is a felony punished by prisión mayor, which carries a prison term of 6 years and 1 day to 12 years. Because it is a "public crime," the state can prosecute it even if the first spouse Does the death of the first spouse validate a second bigamous marriage? not file a complaint, although usually, it is the "offended spouse" (either the first or the innocent second spouse) who initiates the case.
Common Misconceptions: Death and Good Faith
Death of the First Spouse: If the first spouse dies after the second marriage was already celebrated, it does not retroactively validate the bigamous marriage. The second marriage remains void because at the moment it was celebrated, a legal impediment existed.
"Good Faith" Defense: Generally, a "good faith" belief that a marriage was over—such as simply being separated for 20 years or believing a foreign divorce was enough—is not a valid defense. Philippine courts are strict: unless you have a court order in your hand before the second wedding, you are liable for bigamy.
Bigamy Case vs. Annulment Case
It is important to distinguish between the criminal and civil aspects of these legal issues.
Feature Bigamy Case (Criminal) Annulment/Nullity Case (Civil)
Objective To punish the offender with imprisonment. To change the legal status of the parties to "single."
Grounds Contracting a second marriage while first is active. Psychological incapacity, fraud, lack of consent, etc.
Standard of Proof Proof beyond reasonable doubt. Preponderance of evidence.
Result Conviction (Prison) or Acquittal. Declaration of Nullity or Annulment of marriage.
Conclusion
A bigamous marriage is never "valid" in the eyes of Philippine law and can be declared null and void at any time. To avoid criminal prosecution, individuals must ensure that their prior marriage is legally terminated through a final court decree before entering into a new union. Relying on "good faith" or the passage of time without a judicial ruling is a dangerous legal path that often leads to the loss of liberty.
For Can a bigamous marriage be declared null and void? the crime to exist, Is a "good faith" belief that the first marriage was over a valid defence for bigamy? four elements must be present:
The offender was legally married.
The first marriage has not been legally dissolved (or the absent spouse has not been declared presumptively dead).
The offender contracts a second or subsequent marriage.
The second marriage has all the essential requisites for validity, Does the death of the first spouse validate a second bigamous marriage? were it not for the existence of the first marriage.
The Validity of the Second Marriage
A second marriage contracted while a first marriage is still subsisting is void from the beginning (void ab initio) under Article 35(4) of the Family Code. It has no legal effect, even if the first marriage was technically "void" for other reasons (such as lack of a license). In the Philippines, you cannot simply decide your first marriage is over; you must have a judicial declaration of nullity before you can legally remarry.
Penalties and Imprisonment
Yes, you can be imprisoned for bigamy. It is a felony punished by prisión mayor, which carries a prison term of 6 years and 1 day to 12 years. Because it is a "public crime," the state can prosecute it even if the first spouse Does the death of the first spouse validate a second bigamous marriage? not file a complaint, although usually, it is the "offended spouse" (either the first or the innocent second spouse) who initiates the case.
Common Misconceptions: Death and Good Faith
Death of the First Spouse: If the first spouse dies after the second marriage was already celebrated, it does not retroactively validate the bigamous marriage. The second marriage remains void because at the moment it was celebrated, a legal impediment existed.
"Good Faith" Defense: Generally, a "good faith" belief that a marriage was over—such as simply being separated for 20 years or believing a foreign divorce was enough—is not a valid defense. Philippine courts are strict: unless you have a court order in your hand before the second wedding, you are liable for bigamy.
Bigamy Case vs. Annulment Case
It is important to distinguish between the criminal and civil aspects of these legal issues.
Feature Bigamy Case (Criminal) Annulment/Nullity Case (Civil)
Objective To punish the offender with imprisonment. To change the legal status of the parties to "single."
Grounds Contracting a second marriage while first is active. Psychological incapacity, fraud, lack of consent, etc.
Standard of Proof Proof beyond reasonable doubt. Preponderance of evidence.
Result Conviction (Prison) or Acquittal. Declaration of Nullity or Annulment of marriage.
Conclusion
A bigamous marriage is never "valid" in the eyes of Philippine law and can be declared null and void at any time. To avoid criminal prosecution, individuals must ensure that their prior marriage is legally terminated through a final court decree before entering into a new union. Relying on "good faith" or the passage of time without a judicial ruling is a dangerous legal path that often leads to the loss of liberty.