“Bigamy isn’t just a breach of trust—it’s a serious legal offense with far-reaching consequences.”

A bigamous marriage, where one party enters into a second union while still legally married to another, is considered void under Philippine law. Whether intentional or accidental, such marriages can lead to criminal charges, civil liabilities, and personal complications. Understanding the legal framework surrounding bigamy and annulment is essential for anyone navigating marital issues in the Philippines.

What Is a Bigamous Marriage?

A bigamous marriage occurs when an individual contracts a second marriage without legally dissolving their first. Under Article 349 of the Revised Penal Code, this act is punishable by imprisonment ranging from six years and one day to twelve years.

Key Legal Points:

• Void from inception: A bigamous marriage is automatically null and void under Philippine law.
• Criminal liability: Parties who knowingly enter into such a union may face prosecution.
• Civil consequences: Property rights, spousal support, and inheritance claims are invalidated.

Legal Consequences of Bigamy

Criminal Charges

Bigamy is a criminal offense in the Philippines. Both Filipino citizens and foreign nationals who knowingly enter into a bigamous marriage can be prosecuted. Conviction may result in imprisonment for up to twelve years.

Civil Nullity

A second marriage entered into while the first remains valid is considered void ab initio (from the beginning). This nullity impacts property division, custody arrangements, and other marital rights.

Impact on Children

Children born from a bigamous marriage are considered legitimate if both parents believed in good faith that their union was valid (Article 54, Family Code). They retain rights to inheritance and support despite the marriage being void.

Can I Remarry After Annulment in the Philippines?

Yes! You can remarry after securing a court-approved annulment of your previous marriage. Without this legal process, any subsequent union will be deemed bigamous and void.

Steps to Remarry Legally:

1. File for annulment: Present grounds such as psychological incapacity or fraud to dissolve your first marriage.
2. Secure court approval: Obtain an official declaration of nullity or annulment from the court.
3. Update records: Ensure your marital status is updated with the Philippine Statistics Authority (PSA).
4. Apply for a new marriage license: Confirm eligibility for remarriage under Philippine law.

Navigating Complex Scenarios

Good Faith Belief of Death

If one spouse genuinely believes their partner is deceased due to reasonable circumstances like war or natural disasters, criminal liability may be waived upon judicial validation.

Foreign Nationals and Citizenship Issues

Children born from bigamous marriages may qualify for foreign citizenship if paternity is proven and recognized by the foreign government (e.g., British citizenship). Proper documentation such as birth certificates and proof of citizenship is crucial for immigration processes.

Actionable Tips to Avoid Bigamy

1. Verify marital status: Before remarrying, confirm that your previous marriage has been legally dissolved through annulment or divorce (for foreign nationals).
2. Consult legal counsel: Seek advice from experienced lawyers to navigate complex family laws effectively.
3. Document everything: Keep records of annulment decrees, birth certificates, and other essential documents for future reference.

Final Thought: 

Bigamous marriage isn’t just a personal matter—it’s a legal issue with serious repercussions. Always prioritize legal clarity before entering into any marital commitment to safeguard your freedom and future.For expert guidance on bigamy and annulment laws, visit Lawyer Philippines.