Bigamy is committed by any person who contracts a second or subsequent marriage before the former marriage has been legally dissolved, or before the absent spouse has been declared presumptively dead by a proper court judgment. Its elements are: the offender was legally married; the marriage has not been legally dissolved (or the absent spouse not yet judicially declared presumptively dead); the offender contracts a second marriage; and the second marriage has all the essential requisites for validity. A crucial and often misunderstood point: a person who believes their first marriage was void cannot simply remarry and rely on that belief; the Supreme Court has held that a party must first obtain a judicial declaration of nullity of the first marriage before contracting a second one. Contracting the second marriage without that declaration exposes the person to bigamy, even if the first marriage is later declared void, because at the time of the second marriage the first was still subsisting in the eyes of the law. Defenses that may succeed include a valid judicial declaration of presumptive death of the absent spouse obtained before remarriage, or that the first marriage was void for a reason that requires no judicial declaration and existed before the second marriage in a way the courts recognize. Bigamy protects the institution of marriage, and it is a criminal matter separate from the civil proceedings to annul or nullify a marriage.
What Bigamy Is
Bigamy is contracting a second marriage before the first is legally dissolved (or the absent spouse declared presumptively dead by a court).
The Elements
- The offender was legally married;
- The marriage was not legally dissolved (or no judicial declaration of presumptive death);
- The offender contracts a second marriage; and
- The second marriage has the essential requisites of validity.
Get a Declaration of Nullity First
A person who believes the first marriage is void cannot simply remarry — they must first obtain a judicial declaration of nullity. Remarrying without it exposes them to bigamy even if the first is later declared void.
Practical Takeaways
- Bigamy = a second marriage while the first subsists;
- Get a judicial declaration of nullity or presumptive death before remarrying;
- It is a crime separate from the civil case to annul/nullify.
Frequently Asked Questions
What is bigamy? Contracting a second or subsequent marriage before the former marriage has been legally dissolved, or before the absent spouse has been judicially declared presumptively dead.
Can I remarry if I believe my first marriage was void? Not safely. The Supreme Court has held that a party must first obtain a judicial declaration of nullity of the first marriage before contracting a second one, or risk being charged with bigamy.
Is a later declaration of nullity a defense to bigamy? Generally no. If the second marriage was contracted before obtaining the declaration, the person may still be liable for bigamy, because at the time the first marriage was still subsisting in the eyes of the law.
What defenses can succeed against bigamy? Among others, a valid judicial declaration of presumptive death of the absent spouse obtained before remarriage, or specific circumstances the courts recognize as negating an element of the crime.
This commentary is for general informational purposes only and does not constitute legal advice. For guidance specific to your situation, please consult a licensed attorney.
If you have questions about your rights or options under Philippine law, our firm is available to assist. You may reach us via Viber or WhatsApp, call us at 0995 433 5550, or send an email to vivasnobles@gmail.com. We look forward to hearing from you.