Bigamy: Meaning in Philippine Law
Quick answer
Bigamy is marrying again while a first marriage still exists. In the Philippines it is a crime under Article 349 of the Revised Penal Code, punished by prision mayor. The second marriage is also void under Article 35(4) of the Family Code.
What does Article 349 say?
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.
Prision mayor is an afflictive penalty (Article 25). It lasts from six years and one day to twelve years (Article 27). See Article 349 for the full explanation.
Is it bigamy after legal separation or when a spouse is missing?
It can be. Legal separation does not end a marriage: under Article 63 of the Family Code the marriage bonds are not severed, so a legally separated spouse is still married. When a spouse is missing, Article 349 itself requires a court judgment declaring the absent spouse presumptively dead before the new marriage.
Is the second marriage valid?
No. Article 35(4) makes bigamous or polygamous marriages void from the beginning, except the case allowed by Article 41 (a spouse declared presumptively dead). Bigamy by the other spouse is also a ground for legal separation under Article 55(7).
What did Pulido v. People change?
For years the Supreme Court held that a person who remarried without first getting a court declaration that the first marriage was void was guilty of bigamy, as in Mercado v. Tan (2000). In Pulido v. People (2021), the Court abandoned that rule for the criminal case. It held that "a judicial declaration of absolute nullity is not necessary to prove a void ab initio prior and subsequent marriages in a bigamy case."
Two limits remain. First, for remarriage, Article 40 still requires a final judgment declaring the earlier marriage void. Second, a second marriage that is void only because it is bigamous is not a defense.
Example
Made-up illustration: Ramon married Liza in 2010. In 2018, while still married to Liza, he marries Grace. That is bigamy, and his marriage to Grace is void.
Another made-up illustration: Carlo married in 2005, and the civil registrar certifies that no marriage license was issued. He marries again in 2015 without going to court. If he is charged with bigamy, he may try to prove that the first marriage was void. But his second marriage is still void for civil purposes, because he remarried without the final judgment Article 40 requires.
For penalties, defenses and the steps of a case, see Bigamy in the Philippines. See also the PSA CENOMAR guide (Certificate of No Marriage Record).
Which provisions use this term?
Which Supreme Court rulings are relevant?
Frequently asked questions
What is the penalty for bigamy?
Prision mayor (Article 349 of the Revised Penal Code). Under Article 27, prision mayor lasts from six years and one day to twelve years.
Is the second marriage valid?
No. Article 35(4) of the Family Code makes bigamous marriages void from the beginning, except the case of a spouse declared presumptively dead under Article 41.
Can I remarry if my first marriage was void?
Only after a final court judgment declares the first marriage void (Article 40 of the Family Code). Since Pulido v. People (2021), a void first marriage can be a defense in a bigamy case, but Article 40 still applies to remarriage.
Is it bigamy if I remarry after legal separation?
It can be. Legal separation does not end the marriage (Article 63 of the Family Code), so the first marriage has not been legally dissolved.
How long does the State have to file a bigamy case?
Bigamy is punished by prision mayor, an afflictive penalty. Under Article 90 of the Revised Penal Code, crimes punished by afflictive penalties other than death, reclusion perpetua or reclusion temporal prescribe in fifteen years. The period starts when the crime is discovered by the offended party, the authorities or their agents (Article 91).
General information, not legal advice. For your case, ask a lawyer, the Public Attorney's Office (PAO) or the agency.
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