Short answer. Yes. Contracting a subsequent bigamous marriage is the seventh ground for legal separation, and the article says expressly that it counts whether the ceremony took place in the Philippines or abroad. A wedding overseas does not put it beyond the reach of the clause.
What the law says
(7) Contracting by the respondent of a subsequent bigamous marriage, whether in the Philippines or abroad;
Family Code, Article 55 — Grounds for Legal Separation. Read the full provision →
A ceremony, not just another relationship
The clause turns on Contracting by the respondent of a subsequent bigamous marriage. What it describes is a marriage entered into while yours still subsists — a second ceremony with the formalities of one, not a live-in relationship however long-standing or however openly conducted. A spouse who has a second household and children with someone else has certainly given you a ground, but it is the one about sexual infidelity rather than this one. The distinction matters because the two are proved in completely different ways.
Abroad is expressly covered
The phrase whether in the Philippines or abroad was put there for a reason. It closes off the argument that a marriage celebrated in another country, under another legal system, is somehow outside the reach of the provision. This is the common pattern in practice: a spouse working overseas marries there, sometimes in the belief that distance makes it a separate life. On the wording of the clause the location of the ceremony makes no difference at all.
The second marriage is itself in serious trouble
Two other consequences run alongside your family case, and it is worth knowing they exist. A marriage contracted while an earlier one subsists is void, so the later spouse has no standing as a spouse whatever they were told. Bigamy is also a criminal offence, which means a separate case with its own evidence and its own timeline. Those proceedings are independent of the legal separation and none of them is a substitute for the others.
The certificate is the case
This is one of the most document-driven grounds in the article. What proves it is the marriage certificate or its foreign equivalent, together with your own, and a certification of the civil registry records. Photographs and social media may tell you where to look but they do not establish a marriage. Obtaining a foreign record takes time and usually needs authentication, so start that early. Be candid with a lawyer about when you learned of it, since prescription and forgiveness after the fact are separate bars to relief.
Cases citing this provision
These Supreme Court decisions cite the provision above. We list them so you can read them yourself; the summaries of what each decided are not ours to give.
- Aiko Yokogawa-Tan vs. Jonnell Tan and the Republic of the Philippines, G.R. No. 254646, October 23, 2023 — read the decision on LawPhil →
- Maria Vicia Carullo-Padua vs. Joselito Padua, G.R. No. 208258, April 27, 2022 — read the decision on LawPhil →
- Arabelle J. Mendoza vs. Republic of the Philippines, et al, G.R. No. 157649, November 12, 2012 — read the decision on LawPhil →
- Lucita Estrella Hernandez vs. Court of Appeals, et al, G.R. No. 126010, December 8,1999 — read the decision on LawPhil →