Dear PAO,
I was married to my husband in 2010. However, I recently found out that he has already been married in 2008 and his first marriage is still subsisting. Can I file a case for bigamy against my

husband? May I have our marriage nullified?
CT
 
Dear CT,
Under Philippine laws, a person who has already been previously married may only be allowed to validly contract another marriage upon its dissolution, or upon the declaration of the presumptive death of the first spouse. This rule, however, does not apply to Muslim men who are allowed, under Muslim laws, to have over one wife but not more than four at a time provided he can deal with them with equal companionship and just treatment as enjoined by Islamic laws (Article 27, Presidential Decree No. 1083). Non-Muslims who contract another marriage during the subsistence of the first marriage may be held liable for the crime of bigamy defined and punished under Article 349 of the Revised Penal Code, to wit:

“Article 349. Bigamy.—The penalty of prision mayor shall be imposed upon any person who shall contract a second or subsequent marriage before the former marriage has been legally dissolved, or before the absent spouse has been declared presumptively dead by means of a judgment rendered in the proper proceedings.”

The second spouse may also be considered as the offended party in the crime of bigamy, especially when the latter married the accused without being aware of his previous marriage (People of the Philippines vs. Ricardo Nepomuceno, Jr. y Bernardino, G.R. No. L-40624, June 27, 1975). Hence, since you just recently learned of your husband’s prior marriage, you may file a criminal case for bigamy against him before the prosecutor’s office of the place where you contracted your marriage.

To successfully prosecute your husband, you must prove the following elements: 1) your husband is already legally married; 2) his first marriage has not been legally dissolved or, in case his spouse is absent, the absent spouse could not yet be presumed dead according to the Civil Code; 3) he contracts a second marriage; 4) the second or subsequent marriage has all the essential requisites for validity (Luis B. Reyes, The Revised Penal Code, Book II (15th Edition), page 917).

As to your second question, you may have your marriage nullified for being bigamous (Article 35, Family Code of the Philippines). You may do so by filing a petition for the declaration of nullity of your marriage before the Family Court of the province or city where you or your husband has been residing for at least six months prior to the date of filing, or in the case of a non-resident respondent, where he may be found in the Philippines, at your election (Section 4, Rule on Declaration of Absolute Nullity of Void Marriages and Annulment of Voidable Marriages, A.M. No. 02-11-10-SC, March 04, 2003).

We hope that we were able to answer your queries. Please be reminded that this advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.

Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to This email address is being protected from spambots. You need JavaScript enabled to view it.