Marriage, a sacred union between two individuals, is a cornerstone of society across cultures. However, what happens when one person enters into another marriage? In the legal landscape of the Philippines, this act is defined as bigamy, a serious offense carrying significant legal consequences.
What are the elements of bigamy?
The elements of bigamy are:
- That the offender has been legally married;
- That the marriage has not been legally dissolved or, in case his or her spouse is absent, the absent spouse could not yet be presumed dead according to the Civil Code;
- That he contracts a second or subsequent marriage; and
- That the second or subsequent marriage has all the essential requisites for validity.
When is the first marriage considered legally dissolved?
The following produces the legal dissolution of the first marriage:
- Death of one of the contracting parties;
- Judicial declaration annulling a void marriage; and
- Judicial decree annulling a voidable marriage.
Who may be held liable as an accomplice in the crime of bigamy?
The following may be held liable as an accomplice in the crime of bigamy:
- The second husband or wife who knew of first marriage;
- The person who falsely vouched for the capacity of either of the contracting parties; and
- The person, whether man or woman, who knowingly consents or agrees to be married to another already bound in lawful wedlock.
When does the prescriptive period for the crime of bigamy commence?
The prescriptive period for the crime of bigamy commences from the time of its discovery by the complainant spouse and not from the commission thereof.
Is the nullity of the subsequent marriage a defense against bigamy?
Yes. A judicial declaration of absolute nullity of the first and/or second marriages presented by the accused in the prosecution for bigamy is a valid defense, irrespective of the time within which it is secured.
Is a judicial declaration of nullity of marriage necessary to establish the invalidity of a void ab initio marriage in a bigamy prosecution?
No. A void ab initio marriage is a valid defense in a prosecution for bigamy even without a judicial declaration of absolute nullity. Consequently, a judicial declaration of absolute nullity of either the first and second marriages obtained by the accused in a separate proceeding, irrespective of the time within which it is secured, is a valid defense in a criminal prosecution for bigamy.
Source:
The Revised Penal Code
