There are persistent questions on the effect of a petition for annulment or a declaration of nullity of marriage on a criminal case for bigamy. It is time to have a discussion on this subject matter (see below).
In a case for bigamy, the following matters or “elements” must be shown by the prosecution:
- 1. That the offender has been legally married;
- 2. 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;
- 3. That he contracts a second or subsequent marriage; and
- 4. That the second or subsequent marriage has all the essential requisites for validity.
There are two scenarios: (1) it is argued that the first marriage is null and void or is a nullity; or (2) that the second marriage is null and void. Let’s discuss each scenario.
1. The first marriage is allegedly null and void.
In the case of Mercado vs. Tan (G.R. No. 137110, 1 August 2000), the accused argued that he already obtained a judicial declaration of nullity of his first marriage under Article 36 of the Family Code, thereby rendering it void ab initio. He argues that a void marriage is deemed never to have taken place at all and, hence, there is no first marriage to speak of. The accused also quoted the commentaries of former Justice Luis Reyes that “it is now settled that if the first marriage is void from the beginning, it is a defense in a bigamy charge. But if the first marriage is voidable, it is not a defense.”
The Supreme Court, in dismissing the argument of the accused, stated:
In the instant case, petitioner contracted a second marriage although there was yet no judicial declaration of nullity of his first marriage. In fact, he instituted the Petition to have the first marriage declared void only after complainant had filed a letter-complaint charging him with bigamy. By contracting a second marriage while the first was still subsisting, he committed the acts punishable under Article 349 of the Revised Penal Code.
That he subsequently obtained a judicial declaration of the nullity of the first marriage was immaterial. To repeat, the crime had already been consummated by then. Moreover, his view effectively encourages delay in the prosecution of bigamy cases; an accused could simply file a petition to declare his previous marriage void and invoke the pendency of that action as a prejudicial question in the criminal case. We cannot allow that.
2. The second marriage is allegedly null and void.
The effect of the judicial declaration of the nullity of a second or subsequent marriage (on the ground of psychological incapacity) on an individual’s criminal liability for bigamy is a novel issue, well, until 2004 when the Supreme Court decided Tenebro vs. Court of Appeals (G.R. No. 150758, 18 February 18, 2004).
In that case, the accused argued that the declaration of the nullity of the second marriage, which is an alleged indicator that the second marriage lacks the essential requisites for validity, retroacts to the date on which the second marriage was celebrated. The accused then concluded that since the third and fourth “elements” of bigamy are not present, he should be acquitted.
The Supreme Court, however, decided against the accused and dismissed his arguments, stating that:
Petitioner makes much of the judicial declaration of the nullity of the second marriage on the ground of psychological incapacity, invoking Article 36 of the Family Code. What petitioner fails to realize is that a declaration of the nullity of the second marriage on the ground of psychological incapacity is of absolutely no moment insofar as the State’s penal laws are concerned.
As a second or subsequent marriage contracted during the subsistence of petitioner’s valid marriage to Villareyes, petitioner’s marriage to Ancajas would be null and void ab initio completely regardless of petitioner’s psychological capacity or incapacity. Since a marriage contracted during the subsistence of a valid marriage is automatically void, the nullity of this second marriage is not per se an argument for the avoidance of criminal liability for bigamy. Pertinently, Article 349 of the Revised Penal Code criminalizes “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”. A plain reading of the law, therefore, would indicate that the provision penalizes the mere act of contracting a second or a subsequent marriage during the subsistence of a valid marriage.
xxxAlthough the judicial declaration of the nullity of a marriage on the ground of psychological incapacity retroacts to the date of the celebration of the marriage insofar as the vinculum between the spouses is concerned, it is significant to note that said marriage is not without legal effects. Among these effects is that children conceived or born before the judgment of absolute nullity of the marriage shall be considered legitimate.[28] There is therefore a recognition written into the law itself that such a marriage, although void ab initio, may still produce legal consequences. Among these legal consequences is incurring criminal liability for bigamy. To hold otherwise would render the State’s penal laws on bigamy completely nugatory, and allow individuals to deliberately ensure that each marital contract be flawed in some manner, and to thus escape the consequences of contracting multiple marriages, while beguiling throngs of hapless women with the promise of futurity and commitment.
The Supreme Court affirmed the following penalty:
Under Article 349 of the Revised Penal Code, as amended, the penalty for the crime of bigamy is prision mayor, which has a duration of six (6) years and one (1) day to twelve (12) years. There being neither aggravating nor mitigating circumstance, the same shall be imposed in its medium period. Applying the Indeterminate Sentence Law, petitioner shall be entitled to a minimum term, to be taken from the penalty next lower in degree, i.e., prision correccional which has a duration of six (6) months and one (1) day to six (6) years. Hence, the Court of Appeals correctly affirmed the decision of the trial court which sentenced petitioner to suffer an indeterminate penalty of four (4) years and two (2) months of prision correccional, as minimum, to eight (8) years and one (1) day of prision mayor, as maximum.
It is important to note that there are vigorous dissents (contrary opinions) from other justices in Tenebro. The concurring opinion of Justice Vitug is also worth reading.
It must be emphasized that due to the apparently conflicting decisions on these issues, each case must be examined separately. For instance, in Ty vs. Court of Appeals (not a criminal case, though), the Supreme Court noted that the bigamous marriage in the above-mentioned case of Mercado vs. Tan was contracted during the effectivity of the Family Code – not the Civil Code. According to the Supreme Court in Ty:
As to whether a judicial declaration of nullity of a void marriage is necessary, the Civil Code contains no express provision to that effect. Jurisprudence on the matter, however, appears to be conflicting.
Originally, in People v. Mendoza, and People v. Aragon, this Court held that no judicial decree is necessary to establish the nullity of a void marriage. Both cases involved the same factual milieu. Accused contracted a second marriage during the subsistence of his first marriage. After the death of his first wife, accused contracted a third marriage during the subsistence of the second marriage. The second wife initiated a complaint for bigamy. The Court acquitted accused on the ground that the second marriage is void, having been contracted during the existence of the first marriage. There is no need for a judicial declaration that said second marriage is void. Since the second marriage is void, and the first one terminated by the death of his wife, there are no two subsisting valid marriages. Hence, there can be no bigamy. Justice Alex Reyes dissented in both cases, saying that it is not for the spouses but the court to judge whether a marriage is void or not.
In Gomez v. Lipana, and Consuegra v. Consuegra, however, we recognized the right of the second wife who entered into the marriage in good faith, to share in their acquired estate and in proceeds of the retirement insurance of the husband. The Court observed that although the second marriage can be presumed to be void ab initio as it was celebrated while the first marriage was still subsisting, still there was a need for judicial declaration of such nullity (of the second marriage). And since the death of the husband supervened before such declaration, we upheld the right of the second wife to share in the estate they acquired, on grounds of justice and equity.
But in Odayat v. Amante (1977), the Court adverted to Aragon and Mendoza as precedents. We exonerated a clerk of court of the charge of immorality on the ground that his marriage to Filomena Abella in October of 1948 was void, since she was already previously married to one Eliseo Portales in February of the same year. The Court held that no judicial decree is necessary to establish the invalidity of void marriages. This ruling was affirmed in Tolentino v. Paras.
Yet again in Wiegel v. Sempio-Diy (1986), the Court held that there is a need for a judicial declaration of nullity of a void marriage. In Wiegel, Lilia married Maxion in 1972. In 1978, she married another man, Wiegel. Wiegel filed a petition with the Juvenile Domestic Relations Court to declare his marriage to Lilia as void on the ground of her previous valid marriage. The Court, expressly relying on Consuegra, concluded that:
There is likewise no need of introducing evidence about the existing prior marriage of her first husband at the time they married each other, for then such a marriage though void still needs according to this Court a judicial declaration (citing Consuegra) of such fact and for all legal intents and purposes she would still be regarded as a married woman at the time she contracted her marriage with respondent Karl Heinz Wiegel; accordingly, the marriage of petitioner and respondent would be regarded VOID under the law. (Emphasis supplied).
In Yap v. Court of Appeals, however, the Court found the second marriage void without need of judicial declaration, thus reverting to the Odayat, Mendoza and Aragon rulings.
At any rate, the confusion under the Civil Code was put to rest under the Family Code. Our rulings in Gomez, Consuegra, and Wiegel were eventually embodied in Article 40 of the Family Code. Article 40 of said Code expressly required a judicial declaration of nullity of marriage.“
Art. 40. The absolute nullity of a previous marriage may be invoked for purposes of remarriage on the basis solely of a final judgment declaring such previous marriage void.
In Terre v. Terre (1992) the Court, applying Gomez, Consuegra and Wiegel, categorically stated that a judicial declaration of nullity of a void marriage is necessary. Thus, we disbarred a lawyer for contracting a bigamous marriage during the subsistence of his first marriage. He claimed that his first marriage in 1977 was void since his first wife was already married in 1968. We held that Atty. Terre should have known that the prevailing case law is that “for purposes of determining whether a person is legally free to contract a second marriage, a judicial declaration that the first marriage was null and void ab initio is essential.”
The Court applied this ruling in subsequent cases. In Domingo v. Court of Appeals (1993), the Court held:
Came the Family Code which settled once and for all the conflicting jurisprudence on the matter. A declaration of absolute nullity of marriage is now explicitly required either as a cause of action or a ground for defense. (Art. 39 of the Family Code). Where the absolute nullity of a previous marriage is sought to be invoked for purposes of contracting a second marriage, the sole basis acceptable in law for said projected marriage to be free from legal infirmity is a final judgment declaring the previous marriage void. (Family Code, Art. 40; See also arts. 11, 13, 42, 44, 48, 50, 52, 54, 86, 99, 147, 148).
However, a recent case applied the old rule because of the peculiar circumstances of the case. In Apiag v. Cantero, (1997) the first wife charged a municipal trial judge of immorality for entering into a second marriage. The judge claimed that his first marriage was void since he was merely forced into marrying his first wife whom he got pregnant. On the issue of nullity of the first marriage, we applied Odayat, Mendoza and Aragon. We held that since the second marriage took place and all the children thereunder were born before the promulgation of Wiegel and the effectivity of the Family Code, there is no need for a judicial declaration of nullity of the first marriage pursuant to prevailing jurisprudence at that time.
Similarly, in the present case, the second marriage of private respondent was entered into in 1979, before Wiegel. At that time, the prevailing rule was found in Odayat, Mendoza and Aragon. The first marriage of private respondent being void for lack of license and consent, there was no need for judicial declaration of its nullity before he could contract a second marriage. In this case, therefore, we conclude that private respondent’s second marriage to petitioner is valid.
is the sentence of a private citizen accused or guilty of bigamy, (more or less) the same with a local government official accused or guilty of bigamy? or, is there a different proceeding or sentence to
local goverment officials being guilty of bigamy?
just want to ask just in in case i filed a case for bigamy then i want to dismiss the case what can i do… just in case i wont appear to the court or both parties would not appear on hearing will the cade be dismiss..? thank you hoping to hear an answer from you….
guilbert
Guilbert,
Please ask the public prosecutor assigned to the court where the case is pending. He has control in posecuting the case. Tell him about your decision not to proceed and ask him about an Affidavit of Desistance. Good luck.
I would like to know the situation if a 2nd (foreign) husband obtains decree nullity in foreign court from a Filipina who is still married to a Filipino in Philippines. The second marriage took place abroad in 1991 in a RC church although no banns were posted in the Philippines.
What is the situation if she obtained Ph passport in 1973 by the same deception and fraud: claiming each and time and signing on official applications forms since 1973 to be SINGLE as well as using her maiden name only: although she was married in 1971 and never annulled or divorced.
In 1990 she applied for and obtained foreign citizenship and foreign passport using the same methods : deceptively and fraudulently claiming and signing to be single while using her maiden name. Furthermore deceptively and fraudulently signing that there is no impediment to the second marriage.
It is not know if she holds dual citizenship.
1) What are the implications concerning her Ph immigration status?
2) What is the situation concerning Ph civil law concerning her bigamy?
3) What is the situation concerning Ph criminal law concerning her bigamy?
4) What is the situation concerning RC Church?
Peter, let me go through the questions:
1) What are the implications concerning her Ph immigration status? I’m afraid this cannot be sufficiently answered, principally because it is unknown if she re-acquired her Phil. citizenship (please see the other article where you also posted this).
2) What is the situation concerning Ph civil law concerning her bigamy? The answer may be gleaned from the article above.
3) What is the situation concerning Ph criminal law concerning her bigamy? The answer may also be gleaned from the article above.
4) What is the situation concerning RC Church? A dispensation is needed for a second marriage, but I suggest we ask a priest =)
Thank you for your response Atty Fred.
1) If she has not re-acquired her her Ph citizenship. What would be the situation as she is still married to a Filipino AS WELL AS having obtained Ph documents eg Ph passports by deception and fraud. She returns regularly and still has daughter and mother and siblings in Cavite. She regualrly deposits money in Ph.
Would she be arrested on entry?
2)
G.R. No. 138509 July 31, 2000
IMELDA MARBELLA-BOBIS, petitioner,
vs.
ISAGANI D. BOBIS, respondent.
As succinctly held in Landicho v. Relova: [10]
(P)arties to a marriage should not be permitted to judge for themselves its nullity, only competent courts having such authority. Prior to such declaration of nullity, the validity of the first marriage is beyond question. A party who contracts a second marriage then assumes the risk of being prosecuted for bigamy.
Ignorance of the existence of Article 40 of the Family Code cannot even be successfully invoked as an excuse.16 The contracting of a marriage knowing that the requirements of the law have not been complied with or that the marriage is in disregard of a legal impediment is an act penalized by the Revised Penal Code.17 The legality of a marriage is a matter of law and every person is presumed to know the law. As respondent did not obtain the judicial declaration of nullity when he entered into the second marriage, why should he be allowed to belatedly obtain that judicial declaration in order to delay his criminal prosecution and subsequently defeat it by his own disobedience of the law?
The burden of proof to show the dissolution of the first marriage before the second marriage was contracted rests upon the defense.
G.R. No. 159218 March 30, 2004
SALVADOR S. ABUNADO and ZENAIDA BIÑAS ABUNADO, Petitioners,
vs. PEOPLE OF THE PHILIPPINES, Responden
The Family Code took effect on 3 August 1988 and is absolute. It seems from the recent cases I have quoted that a competent Court MUST annul the first marriage BEFORE contracting the second. otherwise the second marriage will be bigamous. Ignorance is not acceptable excuse according to case law above.
This applies it seems in the situation I have described but wonder if Ph authorities are due to arrest the woman on her return to Ph or is it a civil matter.
Furthermore Article 370 seems also to apply
Art. 370. A married woman may use:
(1) Her maiden first name and surname and add her husband’s surname, or
(2) Her maiden first name and her husband’s surname or
(3) Her husband’s full name, but prefixing a word indicating that she is his wife, such as “Mrs.”
This woman has not complied and has deceitfully and fraudulently perjured herself in stating and signing that she is single while suing her maiden name and Miss.
I am not sure what is the remedy.
3) Criminal aspects seem to be as per the case that she is libale to be sent to prison on return to Ph. But who will act if there has not been a hearing in the Ph?
4) In what way is the church liable for not following civil law and canon law and not postng banns as they are required?
What is the remedy?
Peter,
I was waiting for someone else to answer your questions =) Anyway, the cases you cited are consistent with the statement in the article that a declaration of nullity is needed before a married person can remarry.
Falsification (like bigamy) is definitely criminal in nature. Nevertheless, if Philippine citizenship has not been reacquired, then a person would not be using a Philippine passport…so unless a case is actually filed, I don’t think someone will arrest her for something that is not obvious and established (or technically, the specific grounds for warrantless arrests).
As far as I know, there is no provision in civil law which requires the posting of banns. As to canon law, I really don’t know…perhaps our priests-bloggers know about that.
Fred,
Thanks for your comment.
I wonder if the when regsitering for civil marriage that civil authorities have a procedure to follow? If they do would this include having to check with the NSO for singleness or marriage certificate.
hi atty! my friend and her husband divorced in the u.s which they both signed. my friend has remarried, still a a filipino citizen and now has a child. her ex spouse has recently remarried also in the u.s and filed for an annulment in the phils.the cause was psycholgically incapacitated and was able to obtain a copy of my friend’s 2nd marriage certificate. is it safe for my friend to visit the philippines? can she be considered committing bigamy even if the ex-spouse has remarried too.but she only remarried in the u.s and not in the phils.is it supposed to be territorial for bigamy?pls. help.
Peter,
An applicant for a marriage license, at least in the Philippines, is required to declare and state under oath if there is a previous marriage. Based on this document, the local civil registrar makes a determination if the documents supporting the application is in order. I presume that they do not make a query with the central record, although I already made a query with NSO just to confirm this matter. (On the other hand, checking with the central record should be done, maybe when the computerization program of the government is fully in place).
Jelli,
As previously discussed (click here), Philippine laws on marriage govern a Filipino wherever he/she is in the world. In other words, any marriage solemnized outside the Philippines has legal repercussions here.
The same article also discusses the effect of a divorce secured by Filipinos abroad – it has no effect in the Philippines and the couple is still considered married under Philippine laws. Unlike adultery or concubinage, bigamy is a public offense, which means that the State can prosecute it even if the other spouse is guilty of the same thing.
Still, as this discussion is in general and is not a legal advice, I strongly suggest that your friend consult her retained lawyer. Hope this helps.
Christine, please clarify what “case” are you referring to?
Hi,
Usually how long will it take the case to be finished? The husband had the second marriage even if the first one is not annulled yet.
Could you give some estimatE?
Thanks! =)
hi!
i am hoping someone could clarify this legal matter. i am really confused, BIGAMY is a public crime isn’t it? Thus, any concerned citizen, who has the legal capacity, may file the criminal charges, right? And if this is so the case, where MUST / SHOULD the concerned citizen file the complaint? in the place where the first marriage commenced or where the supposedly bigamous marriage occurred?
Do we have a prevailing jurisprudence regarding this issue?
Thank you and hope to hear from you.
GOD BLESS!
josh =)
True, Joshua…seems like you’re well-versed with this matter =) For jurisprudence, click here.
I think Jelli is right. Our criminal law is territorial and hence, if committed outside of the Philippines, our court has no jurisdiction to try such case.
Atty Fred,
Can I file a petition for Declaration of absolute Nullity of Marriage even if I am on a Foriegn country? Do I need to be pgysically present in the PH before Absolute Nullity will be declare?
The situation is that my wife has a previous marriage…I wanted to file a petition to nullify our marriage but I also don’t want to file a case of bigamy on her.
Thank you if you can help me on this.
Scout, I strongly suggest you read the related post on “Steps and Procedure on Annulment and Declaration of Nullity of Marriage” (click here). Some of your concerns are discussed in that article (for instance, see the portion on “Preparation and Filing of the Petition”).
For other concens, please check the “Related Posts” or use the search function at the right sidebar (if you’re using Internet Explorer, the right sidebar is probably pushed down…so try scrolling down and check the right sidebar…or try using Firefox). Hope that helps…let me know if there’s anything more I can do (of course, subject to the limitations in using this site – see “Terms” at the header).
Good luck.
Please tell me if you can call this a Bigamy.
My brothers’ wife went to Canada in 2000, found a foreigner boyfriend in 2001. She sent him a divorce paper in 2004 but my brother didn’t sign it up and sent it back to her. His wife then marries her foreign BF and presently living together. It’s now 2007 and she is going back home in June for a visit. My brother has now two small kids with her live-in partner. Can my brother still sue her once she step on the Philippines’ soil for Bigamy? I just don’t know if my ex-sis-in-law is a Canadian citizen now, if that would make any difference. How is the Philippines law stands on this?
Thank you.
hi!
1. I would just like to ask if the Supreme Court is abandoning the doctrine that void marriages are inexistent and its effect retroacts from its inception in view of its ruling in the tenebro case?
2. Would not the ruling in tenebro vs. CA present conflicting decisions from 2 separate courts?
3. Whatever happened to rule 39 which states that the ACTION or DEFENSE in declaration of nullity shall not prescribe? Hence, can be raised anytime. By saying its immaterial, isn’t the SC in effect precluding a valid defense which is expressly provided as imprescriptible?
4. If it is immaterial whether the 2nd marriage is void or voidable, then what makes it now different from other forms of associations? I think the Family Code precisely lays down the essential and formal requirements so we may differentiate what are considered MARRIAGES in phil society.
Say for example. If 1st marriage is valid. Then there is a 2nd “marriage” but actually its not because it merely is a cohabitation (because it lack the license, ceremony etc, same as what we define as void marriages)…if we follow the logic of the SC, that means it is immaterial whether there was indeed marriage in contemplation of Family Code, so long as there is a seeming marriage. ( I don’t know anymore how the SC defines marriage so as to fall under bigamy element 3)
hoping to be enlightened on the questions raised.
thanks!
hi atty FRed…
i dont know if i am posting a topic in the right place….
The case is… the girl first married in Philippines at the age of 21 then the other is 20, they married at Year 2004 in their city hall (by judge),
then the day after their marriage, the girl has haved to go back in Japan for work, because the visa is already applied before their marriage,
the girl passport is still single, and she still havent use her husband last name….
after that they havent seeing each others for years, they lost contact, then the girl found that hes husband cheatin on her, so that the girl decided to not to come back home in phiippines for years, and also because her husband there in philippines has no Work and no dreams and goal in life, (how they can have a good family if the man has no work, and no dreams in life???) and that time the girl has found a japanese man in her life, there in Japan, then a man ask to marry her, the girl didnt told the japanese man that she is already married in Philippines……
then the girl ask her mother to try to get her singleness there in NSO, (eventhough she knows that shes married there) and then luckily she got it, the proof of no marriaged record, and that means shes still single, then she married a japanese man there in Japan…….her first husband still doesnt know about that, because they are not livin togethere, and they have no child, and they already lost their contact for a years,
and mow the girl likes to visit her family there in Philippines after a years, and ofcoursed shes now having and using her japanese husband last name in her passport………and she likes to buy her own property and house there in philipphines for her Family……….
1. now i like to know, that can we say that case is BIGAMY?
2. does her ex- man can file her a demand for bigamy??
3. can she buy a property in philippines using her new husband last name…?? with out any problem???
and for addition….
the Girl once TAlk and said to her Ex husband,
that She likes to file an Annulment for their marriage before, but her ex husband didnt reply her.
Dear Atty.
I have just recently joined and started goining thru the forum and have also read the article with regards to filling for annulment and would like to ask a question with regards to the same.
My friend filed for annulment in 2003 based on nullity of marriage due to the fact that her husband was married before. She was told that he already had his marriage annulment and got married w/o the presence and knowldge of her husband’s in-laws. After meeting with her in-laws, she got to know that her husband never filed an annulment from his first wife & still had regular communication with her. Her in-law, who she got to know to be a lawyer too told her that their marriage is null and void. She then decided to leave the country to work abroad and after sometime and got the courage and money to file for annulment. She filed for annulment in 2003 and as per her lawyer decision has been passed and granted but the Solicitor General has not made its decision whether to appeal or not.
How long does it take to get all this finalized. I had another friend who filed for annulment in 2004 and got the decision in 2006.
Is there a pisibility that the case will be denied.
Thanking you for your time
Sarah-j, as you may have read from the comments in other posts, legal advice is no dispensed here. Even if I want to answer your question, I’m prohibited from doing so. I hope you understand.
Tenshi, your problem is a bit complicated (so, in addition to the reason stated above, I strongly suggest you discuss this with your lawyer).
Silvermoon, the SC is not saying that. Please note the words used by the SC – “What petitioner fails to realize is that a declaration of the nullity of the second marriage on the ground of psychological incapacity is of absolutely no moment insofar as the State’s penal laws are concerned.”
Kakay, the SolGen has 15 days to seek a reconsideration (and the same period to file an appeal). If the SolGen decides to appeal your case all the way to the Supreme Court, then it may take some time.
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I need a good lawyer!..or a good adv
My “ex-wife” filed a bigamy case against me sa Bacoor, Cavite. Below are the details:
a) We are living on a separate house for more than 4yrs.
b) We got married sa Kuwait Embassy.
c) May 2 anak akong babae sa kanya. 14yrs old and 7yrs old.
d) Na grant na annulment ko last September 2007 kaso di pa ako nakakuha ng certificate. Bumaba na yung “ok” from the court pero wala pa yung pinaka certificate.
e) Converted Muslim ako sa Kuwait pa nuong April 2003 pa.
f) I’ve been a very good provider sa mga nak ko. school fees, b-days, other occasion etc, I eve pay for the housing loan kung saan nakatira ang ex-wife ko at mga anak ko at sinasama ko din sa shopping ex ko everytime na umuuwi ako sa Pinas.
g) Nag pakasal ako uli sa Kawit, Cavite last April 2007 prior ng approval ng annulment ko.
h) 1st hearing on April 1st 2008 sa Bacoor, Cavite
Can anyone help me please I am willing to pay a lawyer! Please reply on my email or IM me on raul_flaga@yahoo.com (chat)
Regards
Raul Flaga
HELP!!I need a good lawyer!..or a good adv
My “ex-wife” filed a bigamy case against me sa Bacoor, Cavite. Below are the details:
a) We are living on a separate house for more than 4yrs.
b) We got married sa Kuwait Embassy.
c) May 2 anak akong babae sa kanya. 14yrs old and 7yrs old.
d) Na grant na annulment ko last September 2007 kaso di pa ako nakakuha ng certificate. Bumaba na yung “ok” from the court pero wala pa yung pinaka certificate.
e) Converted Muslim ako sa Kuwait pa nuong April 2003 pa.
f) I’ve been a very good provider sa mga nak ko. school fees, b-days, other occasion etc, I eve pay for the housing loan kung saan nakatira ang ex-wife ko at mga anak ko at sinasama ko din sa shopping ex ko everytime na umuuwi ako sa Pinas.
g) Nag pakasal ako uli sa Kawit, Cavite last April 2007 prior ng approval ng annulment ko.
h) 1st hearing on April 1st 2008 sa Bacoor, Cavite
Can anyone help me please I am willing to pay a lawyer! Please reply on my email or IM me on raul_flaga@yahoo.com (chat)
Regards
Raul Flaga
if a man who was previously married, to a woman who is also previously married (each of their spouses are still living, and their previous marriages are both valid), is there a possibility that in some way, they could be “safe” from prosecution since both of them are offenders? is there a statute of limitation for bigamy? the man reconciled with his 1st wife and the 2nd wife is vengeful. the only thing that is stopping her from filing a bigamy case against the man is the fear of facing the same charges. since in this case, the only “victims” are wife no.1 and husband no.1 and both are not complaining, is there a way that the man can be immune from prosecution if the 2nd wife files a case? what if she is insanely desperate and is prepared to go to jail just so the man and his 1st wife will have a miserable life? what should the man and wife no. 1 do in order to prevent/avoid problems that may arise if wife no.2 becomes insanely vengeful? thank u.
my sister married 2 yrs ago and wasnt aware that the husband was previously married. the guy said that it is not valid since the 1st wife was also married to another man. what should they do to settle this?
I am separated to my ex-husband for almost 10 yrs now having one 11 yrs. old daughter. I filed bigamy last 2001 against him in QC Hall thru public attorney but nothing happened and refiled last 2006 but till now no result yet. He has not given financial support to my daughter.
Can I change my name and not use his surname anymore including changing all my id’s (i.e. SSS passport) so whatever happens to me, my daughter will be the beneificary? Can I re-marry considering the length of time we have not been together and with no communication at all?
I just feel like it’s so unfair for not having my new life and family with my daughter. I am really desperate in seeking for anybody’s legal advice.
Thank you very much and God bless.
good day atty fred, i would like to inquire if there is a great probability that the biological father of a 4 year old child be granted the custody of the girl. A (a woman) is married to B. B while detained for an alleged violation of a special law, wife A had an illicit relationship with C who is single. from this relationship, a child was conceived and born. the child’s birth certificate bore the name of B as her father. A is bound to work abroad. C desires to have custody over the child. can C be preferred to have custody over the child than A’s parents? (no criminal charge/s was/were file by B against A and C)
thank you atty fred for your reply.
My wife friend commit a crime.. what case they give to his wife.. his wife now have another relationship in they now leaving in one house..
please reply..GOD BLESS to all
hi everyone.. i am a daughter of a bigamy accused.. my father made a mistake few years ago for a reason that is quite complicated.. my mother filed a case against my father which is bigamy,, my father is guilty.. it has been a long time since the last time i saw my father and i have been longing to see him.,,..
my question is.. Is it possible to pull out the case if mother wants to do it? my father has sacrificed too much while he’ away.. i want to see him..neither he does,, I dont want my father to be in prison..
i want to have a complete family. i have forgiven my father from what he did to us,,sending him in prison would really ruin my dream to have a complete family.. My father is sincere in returning to us..
How can we pull out the case? we dont want him to be in prison.. i love him so much and i am terribly missing my father..
pLease help us.. thank you..
hi
i just took a CENOMAR then i found out i was married 3 times twice to my wife & the other to another woman now all want to know is is it possible to nullify or void that said 3rd marriage? all my info & signature is in that said marriage contract.
hi sir,
just like to know if bigamy is grounds for annulment?
thanks,
I was force to marry in 1996 not knowing that the man was already married. I hired a lawyer to file the case and was later on confirmed by my lawyer that I was free to re-marry. In trusting my lawyer, I re-marry without asking the documents. When he was not able to produce the documents, I hired another lawyer to check whether a case was filed. It was unfortunate that there was none. I hired a third lawyer to file the case and I am waiting for the decision from the court. I have a copy of the case number and everything. My question now is, once I get the court decision, do I need to file another nullity case from my current husband or can we re-marry once again?
Dear Atty,
Hi there, need some professional advice. I have a friend in need of help regarding null and void. Kasal yung friend ko sa babaeng may first marriage, ano ba magiging status ng friend ko? at paano nya ipapawalang bisa yung marriage na dun sa girl? Gusto nya kasi magpakasal ulit sa right girl. Kung mag-fifile sya ng annulment ba? or nullity of marriage? how much will it cost for him? tsaka how long? yung pinakamabilis? or pwede parin sya magpakasal kahit na may kasal sya dun sa girl?
Need your advice ASAP.. thanks
Dear Atty. Fred.
I hope you can take a little time to answer questions. Can a former Filipina married to a Foreigner be still prosecuted of Bigamy if she returns to the Phils.?
She was married to a Filipino in 1984. In 1989 her Filipino husband threatened to kill her after she left him for a foreigner. She had to urgently leave the country with a passport using her maiden name in order to save the life of the foreign baby she was carrying in her womb. She married her foreign husband in the same year abroad. Sometime in 1991, her marriage with her filipino husband was declared by the Phil. court as void. Her ex-husband remarried a Filipina about a year later. Presently they are also both living abroad. The former Filipina had to give up her filipino citizenship when she was naturalized in 1996.
Another question that bothers her is that whether or not her foreign husband can declare their marriage void using the Phil. law on the ground of Bigamy?
Your kind reply is highly appreciated. Thank you.
Sincerely yours,
Dear Attorney,
Please help us how to deal with this situation:
My lady friend got married in 2004 solemnized by a Judge.
They have a son but he was born before their marriage that’s why he followed his mother’s surename.
Her husband signed or acknowledged her son for he signed in their son’s birth certificate.
Her husband entered in service (soldier)3 years ago but used SINGLE as a marital status…
Her husband did’t state her as his “beneficiary”.
Now, her husband was assigned in Cotabato City and my friend is in Gensan City.
They still have communication. Her husband still calls her.
Actually, she and their son spent their Christmas at her husband’s.
My friend already heared about the rumors that her husband has a mistress but only 2 weeks ago that her husband asked her to go to the detachment for he has something to confess.
So she went.
According to her husband, she married another girl..
The girl is an elementary teacher. This teacher was a widow and she is receiving a pension from her deceased husband who was also a soldier.
Her husband confessed that he pretended as SINGLE to the teacher but he told her that he has a son. He got the teacher pregnant and so the teacher told her parents about it. The teacher’s parents told him to marry their daughter in order that their daughter will not to be removed from her job as a teacher and to avoid scandal.
So what her husband did was, he got a CENOMAR and according to her husband, he paid somebody to give him a CENOMAR.
SO her husband and the teacher got married and it was solemnized by a Municipal Mayor.
Her parents-in-law knew about the said marriage and according to her, her in-laws and her husband told her to keep silent.
Now, her husband and his 2nd wife already has a 9month old baby girl. But still, they still have communication. Her husband still talks to her and tells her the same endearment, as if nothing happened. But when she asks him if he still loves her, he couldn’t tell her. If she calls her by his name instead of their endearment, according to her, her husband gets angry.
Her husband doesn’t like to tell her the name and address of her 2nd wife, as well as the place where they got married.
The only information she has is that the teacher teaches in in an elementary school at Makilala, Cotabato City (wherein there are 38 barangays).
NOTE: Her husband is NOT a Muslim.
My questions are the following:
1) How could she change the marital status of her husband in the GHQ so that she’ll be the beneficiary in the records and not the 2nd wife?
2) Does she has the right to submit their Marriage Certificate at the GHQ to inform them of his husband’s marital status?
3) Does she (1st wife) has the right on all her husband’s benefits in case her husband dies without changing his marital status?
4) How could she change her son’s surname into her husband’s surname?
5) If ever his husband changes his marital status and puts his 2nd wife as his “wife” in his military records and becomes the beneficiary, does she (1st wife) has the right to contest it?
6)If my friend (1st wife) files a BIGAMY CASE (Bigamous marriage) against her husband, would the teacher (2nd wife) got convicted too?
7)If the husband will file an annulment case against their marriage (1st marriage), will his husband still be convicted of BIGAMY even if the court will later on nullify their marriage?
8)If the 2nd wife will file an annulment case against their
marriage (2nd marriage) with her/their husband, will the 2nd wife be convicted of Bigamy?
9)If the GHQ is notified that the teacher is already married to another man, does her pension from her deceased husband also stops (cut-off)?
10) If ever the second wife’s pension ceased, is it still possible that the GHQ will retain or continue again in case her 2nd marriage will be declared null and void?
11) If her husband and/or the 2nd wife will be proved guilty of BIGAMY, will they be removed from their job?
12) Is it possible that the 1st wife’s parents-in-law be charged of accessory to the crime of bigamy committed by their son because they tolerated their son to re-marry?
13) Based on the situation mentioned above, what would be the implication of the said case or situation to all the persons involved (1st wife, 2nd wife, husband, children of the 1st and 2nd marriages, and the in-laws)?
I hope that you could give me answers on my queries…
Thank you very much…
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What could be a penalty if second marriage is bigamy and they are both dead and the original first marriage is still living and they have both properties put in their names how can be settled this to the original first marriage . Though they commited bigamy since one of them cannot be i prisons what will be the case here? Absolute no punishment according the law? Their properties will be given to the not original children and shared to the children not biological from two of them but the original have 5 original children from the father. What will be penalized they are both dead and cant file a case of bigamy although there is a proof of bigamy. The point is is there still penalty charge to both of them bec. Of them are dead. And they’re properties shared together not with the first married for 28 years and not legally annulled. What can be the case for this and penalization. This is not really clear law or nice law i. The Philippines. It’s not fair to first original family.
atty.
my uncle who died 15 years ago married in 1968.But on their first night,the wife slept with another man. The marriage contract looked like the age of the wife was changed to 18.she was younger than that. talagang di cla nagsama. he got a partner after so many years of being alone.they got 3 children who are now with their own families.he married my aunt in early 90s. when my uncle died, my aunt received the monthly pension also from camp crame. when time for changing id came, she was asked to submit cenomar. from then on, na cut pension nya.what does she need to do para maibalik yung benefits nya?buhay pa yata yung 1st na pinakasalan pero di ba dapat balewala na yung kasal na yun?please help
can a woman be charged of adultery if there is already an ongoing anulment case between the spouses
I have a situation and questions to ask.. me and my husband married abroad in the marriage registry, my question is, will I be able to register our marriage here in the Philippines since my husband (who is currently abroad) had a 1st marriage that is still existing here in the Philippines as well, he did not file for annulment before marrying me abroad, although his ex-wife filed for divorce in the States and remarried there? I want some advice please..Thank You..
Magkano po g estimated bail amount ng bigamy.
hi Atty.
I would like to ask how will I file a suit against my wife who got married to a Japanese and they have two children they are now living in japan.
Atty fred,
Anu po ba mgandang gawin aq po ay separated 4yrs na may mga anak kmi at walang suporta.Ung asawa q may asawa ng iba..sa case q po ba pwede ba aq makapagasawa at makasal kmi at makakakuha ba aq ng cenomar? Thank you and Godbless
Good Day,,, just want to have a legal advises, my situation is im an ofw and my wife and son in Philippines, and my wife had an affair in another guy and now they living in same roof, if i will file for annulment to my wife it is easy to be process,the case is adultery right?..or what would be the best action i should do.
thank you
Dexter
Hi.
Im wondering what is the effect of concubinage in my side since my partner and I are not living together and we are not married but we have a child so it means shes not taking his surname. Now the probem is my partner was married to his estranged wife, after a few mos they got separated and agreed to set an annulment however until now it remains pending because of his financial incapacity now his estranged wife found out his in relationship with me and we’ve got a child, she said she will file a case against me and my partner too. The thing is my partner and i are not living together he’s just providing me a support for the child. Please advice!
Can bigamy be filed in the phil who was married before and has now become an american citizen?
Atty.,
Gd day! Got question, a married man, who,
after 4 yrs remarried a girl after being
forced by the girl’s parents for a marriage
since the girl got pregnant. The first wife
died. He part ways with his second wife.
4 years after, he remarried another girl.
Is there bigamy here? What marriage was valid
then?
Thank you.
Ryan
Hi Atty good day!
Thanks because this forum really helps.
I hope you can take a glance at my simple question. 🙂
I’m a Filipina getting married here in Philippines this month.. Due to pending papers and being so busy at work .. the Catholic church cannot allow my wedding. Coming June, we can have the wedding in Catholic church. But we are too much now in a hurry to get married. So next week we planned to have a wedding in Aglipay Church just inside their office. What confused me is an answer of a Catholic priest to a woman asking if it’s considered valid for a Catholic to have a wedding in Aglipay Church. And the priest said, no, that is invalid, a Catholic must have the wedding in a Catholic church.
I don’t know what to do .. my fiance is a foreigner .. can just stay here from April 10 to 16. Between those days we want wedding to happen. We already secured.. all papers needed are complete.
I’m just afraid and confused now about what to do..
I don’t wanna do something against the law…..
I want everything is right in the eyes of God and in the eyes of Law.
Please help.. thanks .. more power Atty ..
If the man was guilty of bigamy in the Philippines. The woman was dismissed from the case due to good faith. What can be other possible arguments or defense can we appeal against the woman since it takes two to tango? Both the woman and the woman should be charged of bigamy. Or if not, what can be the possible case filed against the woman. They married without having the divorce of the man with first wife judicially acknowledged in Philippine court. Woman claims she married the man in good faith believing of the divorce.
Hi, is it possible to use the wife’s youngest son to be a reason of psychological incapacity? She was pregnant while we’re together and when the child was born she confirmed that it was not my child. I know in my heart that the child is not mine. We separated since then and I’m planning to file annulment. She’s also cohabitating with the true father of the child
Thanks
AFTER YOUR BEEN CONVICTED WITH BIGAMY..AND YOU FINISHED THE SENTENCES..WHAT HAPPEN TO YOUR MARRIAGE? IT IS ALREADY NULL AND VOID?
I would like to ask regarding my situation where in me and my exwife are working abroad but in different countries, according to her she has filled a divorce since we were really not in good standing all the time and remarried in the country she is currently in but still carrying filipino citizen during her second marriage was initiated( by the way we both are filipinos and was married in the Philippines). We are not in contact for almost 7years now, I signed for all legal papers for her to have full custody of our 3kids and all 4 of them are living abroad with her second husband. Can I get an advice of any legal case to have our marriage finaly annuled? She sent me a copy of the divorce paper she secured and I think it is useless according to my reviews here. Pls I need help badly and I need a closure for me to start a new life of what I have right now. Thank you in advance.
Hi, can you help me pls. How about if a Phi.citizen,married but had already been away from the spouse for more than 10 years changing his/her citizenship now, is the Philippine’s law still affect him/her regarding marriage? How about if he/she changing his/her religion to Muslim. Will bigamy allowed?
good day . sir i have the same case of three marriege , i was married in 1973, in 1992 after the birth of my youngest my husband left us and din’t come back.i did not mind because our marriege was not good and i am often abused with violence. in 1996 in my first husband absence i contracted second marriege honestly i am not aware of the family code (i guess due to my education elementary ), after 3 years with two kids 2 and 9 months old my second husband also disappear and never came back until now, in 2014 last year i contracted a 3rd marriege hoping this time i would have someone to grow old and spend the rest of my life with..and because i am not familiar with needed papers to marry my friend offered me that she can help .so she has produced all papers needed and that was how i got the 3rd marriege. now im having problem that i found out the cenomar my friend produced was fake though we were married in a mass wedding that was officiated by our town mayor . now i need to know which marriege is valid the second or the third?( please see the dates of marrieges and first husband date of death) my first husband marriege is 1973 and died in feb 1999, my second marriege is 1996 and the third marriege is 2014. please help me..and please tell me how can i correct the cenomar that shows i have two marrieges please i am looking forward for your reply thank you very much and god bless you.
my sister presented a marriage contract before. however my mother is not convinced that my sister is maried because she has never signed any waiver. my sister was 19 that time.
my mom get cenomar for my sister and that it shows that she is still single. my sister said that his husband informed her that information is still pending. we are doubful, they married on 2005 but until 2015 is still single in her cenomar. we decided to get cenomar for the alleged husband that it shoes that the “husband” is still married with diferrent girl.
Is it possible that the marriage contract is fake?
is it possible that they are really not married?
what legal actions can we make?
thank you
atty fred gusto kupo sana ishare ang problema ko sa asawa ko para malaman ko kung ano maganda kung gawin,kc po nanglalaki ang asawa ko tatlong taon po ako sa sudi ng tnt ako para sa kanila sa mga anak ko.tapos kinuha nila anak ko at dmanlang nila pinapa kausap sakin,gusto kupong kunin ang anak ko pag uwi ko ano puba ang dapat kung gawin
Question if Bigamy, what if the 2nd wife who filed a case found out after their marriage, that the said husband is already married, and still cohabitated with the said person?
if the first wife had committed extra relationships and end up with having children on different man during and after the first marriage can this be a ground for null and void ?If so can the Husband remarry again ?
If the first wife had various relationships and end up having children outside of marriage,,can this be a ground for null and void…Can the first husband remarry again?
Good day to everyone,
I am surprised and confused why my husband enter into second marriage when the woman hand me their marriage contract under the Islamic belief conversion. The two are gov’t employees . We never been separated only he comes home due to his work assignment in a far flung area in mindanao, paticilarly in tubod, lanao del norte. I am immotionally affected. with sleepless night I can’t ponder why he did this to his family. We’ve been married for 28 years now. please help me that his marriage will be null and void. and he they will be punished under the Family Law Code.
If a man marries one wife, she dies , then he marries a 2nd wife , due to certain differences the 2nd wife gets religious annulement not legal annulement,, The man marries the third wife by declaring himself widower of first wife and hiding the 2nd wife marraige. Can he Remarried 3rd marriage ? does it come under bigamy and can be prosecuted under christian faith and religion ??
my annulment was granted in 2009 and i saw and heard that my ex-husband married his “other woman” in 2006. Then their marriage is null and void? Can i still file a case against my ex-husband?
This post has been helpful, however, I would like to clarify, if I file for nullity of marriage (ex husband has existing marriage when we got married) under church proceedings (sorry not sure what term to use), and supposing it will be granted, do I still have to file a petition for nullity in court?
Please enlighten me.
Sir, can I ask a sample copy of an annulment where the grounds of annulment is infidelity or bigamy.
Hello my case I was married to times with different names what case is that
Attorney I am a public teacher married in a tribal kind of marriage in our locality.My partner is not yet annuled with his previous marriage but he and his wife doesn’t have any communication for 5 years.But still he is providing financial support for his son…With our present situation is there any chance that I may charge with adultery ?or can he file an annulment for their marriage?
Hi. My live in partner is married on his first wife. We want to be married to. Can you help me what to do??? I know the annullment is very expensive. Is there any organization can help us??
my first marriage wich i am only 16yrs old and in our belief that was not recorded on march 1976 we didnt have sex or sleeep in one bed we are not sweetheart just his mother afraid to my mother then i marry to my true bf feb1, 1981 he died jan6, 1993 in my belief that i am a widow i married again in dec. 15, 1999 and separated 2003 … a person who became my sweetheart for only 6months and i discovered that he still have gf who filed bigamy case to me in 2012 and make affidavit of desistance in exchange of 2 lots then i filed my annulment in june 2014 then he filed again bigamy case in november same year and in Feb 16, 2015 my annulment was granted . But until now im suffering for this bigamy case, i dont know what to do? Is it not a FORUM SHOPPING or a Extortion??? my lawyer filed a motion to inhibit before he suffered for prostate cancer and not able to attend anymore in court. what will happen to me????
Is somebody can file bigamy case against me while my annulment is going on and finish soon???
Good Day! I’m just confuse right now.I have filled an annulment case Dec.2010 in Imus Cavite we’re done with trial and hearing and just waiting for the decision but then the Presiding Judge that time retired and new Judge just came in last year so it took almost 6years for resolution.Just this February I got the Court Decision and granted my petition.March the Solgen made its Motion for Reconsideration due to lack of evidence and the Judge reverted her decision and DENIED my petition.So we filed our reply to the MR of the Solgen and Judge denied it again.In our motion for reconsideration we submitted our documents proving that there was a first marriage took place on May 1995 where my marriage is on March 2002,also my marriage to my husband doesn’t have license and no marriage ceremony it’s the first ground for my petition to nullify the marriage.
My question here now is that ,if we pursue with our reply to Judge decision to nullify our marriage given the facts that first marriage has already null and void since 2007.Will there still be a chance that court or solgen file a criminal case against my ex hubby for “Bigamous Marriage?
Dont have the intention to put him to jail since he has a family now and I all want it to null and void my marriage with him so I can also move on in my life.
Thank you so much
Love
FIRST DIVISION
[ G.R. No. 189607, April 18, 2016 ]
RENATO A. CASTILLO, PETITIONER,
VS.
LEA P. DE LEON CASTILLO, RESPONDENT.
DECISION
SERENO, C.J.:
Before this Court is a Petition for Review on Certiorari under Rule 45 of the Rules of Court, assailing the Court of Appeals (CA) Decision in CA-G.R. CV No. 90153 and the Resolution that affirmed the same. The CA reversed the Decision dated 23 March 2007 issued by the Regional Trial Court (RTC) of Quezon City, Branch 84.
The RTC had granted the Petition for Declaration of Nullity of Marriage between the parties on the ground that respondent had a previous valid marriage before she married petitioner. The CA believes on the other hand, that respondent was not prevented from contracting a second marriage if the first one was an absolutely nullity, and for this purpose she did not have to await a final decree of nullity of the first marriage.
The only issue that must be resolved by the Court is whether the CA was correct in holding thus and consequentially reversing the RTC’s declaration of nullity of the second marriage.
FACTUAL ANTECEDENTS
On 25 May 1972, respondent Lea P. De Leon Castillo (Lea) married Benjamin Bautista (Bautista). On 6 January 1979, respondent married herein petitioner Renato A. Castillo (Renato).
On 28 May 2001, Renato filed before the RTC a Petition for Declaration of Nullity of Marriage, praying that his marriage to Lea be declared void due to her subsisting marriage to Bautista and her psychological incapacity under Article 36 of the Family Code. The CA states in its Decision that petitioner did not pursue the ground of psychological incapacity in the RTC. The reason for this finding by the CA while unclear, is irrelevant in this Petition.
Respondent opposed the Petition, and contended among others that her marriage to Bautista was null and void as they had not secured any license therefor, and neither of them was a member of the denomination to which the solemnizing officer belonged.
On 3 January 2002, respondent filed an action to declare her first marriage to Baustista void. On 22 January 2003, the Regional Trial Court of Parañaque City, Branch 260 rendered its Decision declaring that Lea’s first marriage to Bautista was indeed null and void ab initio. Thereafter, the same court issued a Certificate of Finality saying that the Decision dated 22 January 2003 had become final and executory.
On 12 August 2004, respondent filed a Demurrer to Evidence claiming that the proof adduced by petitioner was insufficient to warrant a declaration of nullity of their marriage on the ground that it was bigamous. In his Opposition, petitioner countered that whether or not the first marriage of respondent was valid, and regardless of the fact that she had belatedly managed to obtain a judicial declaration of nullity, she still could not deny that at the time she entered into marriage with him, her previous marriage was valid and subsisting. The RTC thereafter denied respondent’s demurrer in its Order dated 8 March 2005.
In a Decision dated 23 March 2007, the RTC declared the marriage between petitioner and respondent null and void ab initio on the ground that it was a bigamous marriage under Article 41 of the Family Code. The dispositive portion reads:
WHEREFORE, in the light of the foregoing considerations, the Court hereby declares the marriage between RENATO A. CASTILLO and LEA P. DE LEON-CASTILLO contracted on January 6, 1979, at the Mary the Queen Parish Church, San Juan, Metro Manila, is hereby declared NULL AND VOID AB INITIO based on bigamous marriage, under Article 41 of the Family Code.
The RTC said that the fact that Lea’s marriage to Bautista was subsisting when she married Renato on 6 January 1979, makes her marriage to Renato bigamous, thus rendering it void ab initio. The lower court dismissed Lea’s argument that she need not obtain a judicial decree of nullity and could presume the nullity of a prior subsisting marriage. The RTC stressed that so long as no judicial declaration exists, the prior marriage is valid and existing. Lastly, it also said that even if respondent eventually had her first marriage judicially declared void, the fact remains that the first and second marriage were subsisting before the first marriage was annulled, since Lea failed to obtain a judicial decree of nullity for her first marriage to Bautista before contracting her second marriage with Renato.
Petitioner moved for reconsideration insofar as the distribution of their properties were concerned. His motion, however, was denied by the RTC in its Order dated 6 September 2007. Thereafter, both petitioner and respondent filed their respective Notices of Appeal.
In a Decision dated 20 April 2009, the CA reversed and set aside the RTC’s Decision and Order and upheld the validity of the parties’ marriage. In reversing the RTC, the CA said that since Lea’s marriages were solemnized in 1972 and in 1979, or prior to the effectivity of the Family Code on 3 August 1988, the Civil Code is the applicable law since it is the law in effect at the time the marriages were celebrated, and not the Family Code. Furthermore, the CA ruled that the Civil Code does not state that a judicial decree is necessary in order to establish the nullity of a marriage.
Petitioner’s motion for reconsideration of the CA’s Decision was likewise denied in the questioned CA Resolution dated 16 September 2009.
Hence, this Petition for Review on Certiorari.
Respondent filed her Comment praying that the CA Decision finding her marriage to petitioner valid be affirmed in toto, and that all properties acquired by the spouses during their marriage be declared conjugal. In his Reply to the Comment, petitioner reiterated the allegations in his Petition.
OUR RULING
We deny the Petition.
The validity of a marriage and all its incidents must be determined in accordance with the law in effect at the time of its celebration. In this case, the law in force at the time Lea contracted both marriages was the Civil Code. The children of the parties were also born while the Civil Code was in effect i.e. in 1979, 1981, and 1985. Hence, the Court must resolve this case using the provisions under the Civil Code on void marriages, in particular, Articles 80, 81, 82, and 83 (first paragraph); and those on voidable marriages are Articles 83 (second paragraph), 85 and 86.
Under the Civil Code, a void marriage differs from a voidable marriage in the following ways: (1) a void marriage is nonexistent – i.e., there was no marriage from the beginning – while in a voidable marriage, the marriage is valid until annulled by a competent court; (2) a void marriage cannot be ratified, while a voidable marriage can be ratified by cohabitation; (3) being nonexistent, a void marriage can be collaterally attacked, while a voidable marriage cannot be collaterally attacked; (4) in a void marriage, there is no conjugal partnership and the offspring are natural children by legal fiction, while in voidable marriage there is conjugal partnership and the children conceived before the decree of annulment are considered legitimate; and (5) “in a void marriage no judicial decree to establish the invalidity is necessary,” while in a voidable marriage there must be a judicial decree.
Emphasizing the fifth difference, this Court has held in the cases of People v. Mendoza, People v. Aragon, and Odayat v. Amante, that the Civil Code contains no express provision on the necessity of a judicial declaration of nullity of a void marriage.
In Mendoza (1954), appellant contracted three marriages in 1936, 1941, and 1949. The second marriage was contracted in the belief that the first wife was already dead, while the third marriage was contracted after the death of the second wife. The Court ruled that the first marriage was deemed valid until annulled, which made the second marriage null and void for being bigamous. Thus, the third marriage was valid, as the second marriage was void from its performance, hence, nonexistent without the need of a judicial decree declaring it to be so.
This doctrine was reiterated in Aragon (1957), which involved substantially the same factual antecedents. In Odayat (1977), citing Mendoza and Aragon, the Court likewise ruled that no judicial decree was necessary to establish the invalidity of void marriages under Article 80 of the Civil Code.
It must be emphasized that the enactment of the Family Code rendered the rulings in Odayat, Mendoza, and Aragon inapplicable to marriages celebrated after 3 August 1988. A judicial declaration of absolute nullity of marriage is now expressly required where the nullity of a previous marriage is invoked for purposes of contracting a second marriage. A second marriage contracted prior to the issuance of this declaration of nullity is thus considered bigamous and void. In Domingo v. Court of Appeals, we explained the policy behind the institution of this requirement:
Marriage, a sacrosanct institution, declared by the Constitution as an “inviolable social institution, is the foundation of the family;” as such, it “shall be protected by the State.” In more explicit terms, the Family Code characterizes it as “a special contract of permanent union between a man and a woman entered into in accordance with law for the establishment of conjugal and family life.” So crucial are marriage and the family to the stability and peace of the nation that their “nature, consequences, and incidents are governed by law and not subject to stipulation.” As a matter of policy, therefore, the nullification of a marriage for the purpose of contracting another cannot be accomplished merely on the basis of the perception of both parties or of one that their union is so defective with respect to the essential requisites of a contract of marriage as to render it void ipso jure and with no legal effect — and nothing more. Were this so, this inviolable social institution would be reduced to a mockery and would rest on very shaky foundations indeed. And the grounds for nullifying marriage would be as diverse and far-ranging as human ingenuity and fancy could conceive. For such a socially significant institution, an official state pronouncement through the courts, and nothing less, will satisfy the exacting norms of society. Not only would such an open and public declaration by the courts definitively confirm the nullity of the contract of marriage, but the same would be easily verifiable through records accessible to everyone. (Emphases supplied)
However, as this Court clarified in Apiag v. Cantero and Ty v. Court of Appeals, the requirement of a judicial decree of nullity does not apply to marriages that were celebrated before the effectivity of the Family Code, particularly if the children of the parties were born while the Civil Code was in force. In Ty, this Court clarified that those cases continue to be governed by Odayat, Mendoza, and Aragon, which embodied the then-prevailing rule:
x x x. In Apiag v. Cantero, (1997) the first wife charged a municipal trial judge of immorality for entering into a second marriage. The judge claimed that his first marriage was void since he was merely forced into marrying his first wife whom he got pregnant. On the issue of nullity of the first marriage, we applied Odayat, Mendoza and Aragon. We held that since the second marriage took place and all the children thereunder were born before the promulgation of Wiegel and the effectivity of the Family Code, there is no need for a judicial declaration of nullity of the first marriage pursuant to prevailing jurisprudence at that time.
Similarly, in the present case, the second marriage of private respondent was entered into in 1979, before Wiegel. At that time, the prevailing rule was found in Odayat, Mendoza and Aragon. The first marriage of private respondent being void for lack of license and consent, there was no need for judicial declaration of its nullity before he could contract a second marriage. In this case, therefore, we conclude that private respondent’s second marriage to petitioner is valid.
Moreover, we find that the provisions of the Family Code cannot be retroactively applied to the present case, for to do so would prejudice the vested rights of petitioner and of her children. As held in Jison v. Court of Appeals, the Family Code has retroactive effect unless there be impairment of vested rights. In the present case, that impairment of vested rights of petitioner and the children is patent x x x. (Citations omitted)
As earlier explained, the rule in Odayat, Mendoza, and Aragon is applicable to this case. The Court thus concludes that the subsequent marriage of Lea to Renato is valid in view of the invalidity of her first marriage to Bautista because of the absence of a marriage license. That there was no judicial declaration that the first marriage was void ab initio before the second marriage was contracted is immaterial as this is not a requirement under the Civil Code. Nonetheless, the subsequent Decision of the RTC of Parañaque City declaring the nullity of Lea’s first marriage only serves to strengthen the conclusion that her subsequent marriage to Renato is valid.
In view of the foregoing, it is evident that the CA did not err in upholding the validity of the marriage between petitioner and respondent. Hence, we find no reason to disturb its ruling.
WHEREFORE, premises considered, the Petition is DENIED. The Court of Appeals Decision dated 20 April 2009 and Resolution dated 16 September 2009 in CA-G.R. CV No. 90153 are AFFIRMED.
SO ORDERED.
Leonardo-De Castro, Bersamin, Perlas-Bernabe, and Caguioa, JJ., concur.
Dated 20 April 2009; Rollo, pp. 55-68. Penned by Associate Justice Normandie B. Pizarro. with Associate Justices Martin S. Villarama, Jr. (now a retired member of this Court) and Jose C. Reyes, Jr. concurring.
Dated 16 September 2009; Id. at 69-70.
Id. at 127-136. Penned by Presiding Judge Luisito G. Cortez.
Id. at 76-81.
Id. at 58.
Id. at 184-186. Penned by Judge Helen Bautista-Ricafort.
Id. at 183.
Id. at 247-250.
Id. at 256-269.
Id. at 277-278. Penned by acting Presiding Judge Natividad Giron Dizon.
Id. at 127-136. Penned by Presiding Judge Luisito G. Cortez.
Id. at 135.
Id.
Id. at 133-136.
Id. at 137-152.
Id. at 160-162.
Records, pp. 512-513
Id. at 492.
Supra note 1.
Rollo, p. 63.
Id. at 63-64.
Id. at 69-70.
Id. at 245-248.
Id. at 253-260.
Niñal v. Buyadog, 384 Phil. 661 (2004).
Art. 80. The following marriages shall be void from the beginning:
(1) Those contracted under the ages of sixteen and fourteen years by the male and female respectively, even with the consent of the parents;
(2) Those solemnized by any person not legally authorized to perform marriages;
(3) Those solemnized without a marriage license, save marriages of exceptional character;
(4) Bigamous or polygamous marriages not falling under article 83, number 2;
(5) Incestuous marriages mentioned in article 81;
(6) Those where one or both contracting parties have been found guilty of the killing of the spouse of either of them;
(7) Those between stepbrothers and stepsisters and other marriages specified in article 82. (n)
Art. 81. Marriages between the following are incestuous and void from their performance, whether the relationship between the parties be legitimate or illegitimate:
(1) Between ascendants and descendants of any degree;
(2) Between brothers and sisters, whether of the full or half blood;
(3) Between collateral relatives by blood within the fourth civil degree. (28a)
Art. 82. The following marriages shall also be void from the beginning:
(1) Between stepfathers and stepdaughters, and stepmothers and stepsons;
(2) Between the adopting father or mother and the adopted, between the latter and the surviving spouse of the former, and between the former and the surviving spouse of the latter;
(3) Between the legitimate children of the adopter and the adopted. (28a)
Art. 83. Any marriage subsequently contracted by any person during the lifetime of the first spouse of such person with any person other than such first spouse shall be illegal and void from its performance, unless:
(1) The first marriage was annulled or dissolved;
(2) x x x x (29a)
Art. 83. Any marriage subsequently contracted by any person during the lifetime of the first spouse of such person with any person other than such first spouse shall be illegal and void from its performance, unless:
(1) x x x x; or
(2) The first spouse had been absent for seven consecutive years at the time of the second marriage without the spouse present having news of the absentee being alive, or if the absentee, though he has been absent for less than seven years, is generally considered as dead and believed to be so by the spouse present at the time of contracting such subsequent marriage, or if the absentee is presumed dead according to articles 390 and 391. The marriage so contracted shall be valid in any of the three cases until declared null and void by a competent court. (29a)
Art. 85. A marriage may be annulled for any of the following causes, existing at the time of the marriage;
(1) That the party in whose behalf it is sought to have the marriage annulled was between the ages of sixteen and twenty years, if male, or between the ages of fourteen and eighteen years, if female, and the marriage was solemnized without the consent of the parent, guardian or person having authority over the party, unless after attaining the ages of twenty or eighteen years, as the case may be, such party freely cohabited with the other and both lived together as husband and wife;
(2) In a subsequent marriage under article 83, number 2, that the former husband or wife believed to be dead was in fact living and the marriage with such former husband or wife was then in force;
(3) That either party was of unsound mind, unless such party, after coming to reason, freely cohabited with the other as husband or wife;
(4) That the consent of either party was obtained by fraud, unless such party afterwards, with full knowledge of the facts constituting the fraud, freely cohabited with the other as her husband or his wife, as the case may be;
(5) That the consent of either party was obtained by force or intimidation, unless the violence or threat having disappeared, such party afterwards freely cohabited with the other as her husband or his wife, as the case may be;
(6) That either party was, at the time of marriage, physically incapable of entering into the married state, and such incapacity continues, and appears to be incurable. (30a)
Art. 86. Any of the following circumstances shall constitute fraud referred to in number 4 of the preceding article:
(1) Misrepresentation as to the identity of one of the contracting parties;
(2) Non-disclosure of the previous conviction of the other party of a crime involving moral turpitude, and the penalty imposed was imprisonment for two years or more;
(3) Concealment by the wife of the fact that at the time of the marriage, she was pregnant by a man other than her husband.
No other misrepresentation or deceit as to character, rank, fortune or chastity shall constitute such fraud as will give grounds for action for the annulment of marriage. (n)
Eduardo P. Caguioa, Comments and Cases on Civil Law (Civil Code of the Philippines), Vol. 1, 1967 Third Edition, p. 154.
95 Phil. 845 (1954).
100 Phil. 1033 (1957).
168 Phil. 1-5 (1977).
Niñal v. Bayadog, 384 Phil. 661-675 (2000).
Article 40. The absolute nullity of a previous marriage may be invoked for purposes of remarriage on the basis solely of a final judgment declaring such previous marriage void.
Mercado v. Tan, 391 Phil. 809-827 (2000).
G.R. No. 104818, 17 September 1993.
335 Phil. 511 (1997).
399 Phil. 647 (2000).
Issue: If the first marriage is under the Civil Code and the second is under Family Code, is there Bigamy?
hi which one is valid 1st civil married or 2nd civil married twice been married who is liable for bigamy ?who has the right to complaint 1st wife or the 2nd wife ?but 2nd wife knew his married before and now they are seperated.
good morning,
we got married at civil ceremony, not knowing that he is already married. we are already in our 14 years. As of today, we are now seperated for months and he is now living again with another women. do i have the right to sue him and the woman even if our marriage is null and void from the very beginning? thats his reason why he is now living with that woman bec according to him i have no right with him anymore.
I am confused please advice me.
thank you and God Bless..
Hi Atty Fred,
kinasal po kami sa west but the judge who suppose to marries us is not there thus her assistant marries us but the judge still signs the document. can we use that to void our marriage?
Hi! I am married to a US citizen and found out he has a previous marriage in the USA it was only revealed by his sister. I don’t have a copy of the previous marriage. Can I file a case even without the physical evidence? i ask a PAO lawyer and she wanted me to find the previous marriage contract before filling a case. But I don’t know how to get it for the fact that the previous marriage happens in the USA. Hope to find answers here. Thank you very much. God bless you po!
Hi attorney.my marriage is null and void in the first place.cause the annulment of my hubby declared last 2014 but our marriage dated as 2006.how can we make our marriage legal this time?do we have to undergo annulment so that we can be married legally?or just to clarify in civil registrar that we still live together and never separated.because my childrens record on bc indicating that 2006 is our wedding date.are they considered illigitimate?
Good day! Need your advice,
Me and my exhusband is separated 10years ago. We’re already had our own family. I am married to a foreigner and he’ is married to a pilipinas. Blackmail ang ginagawa nya sakin. Makakasuhan Po ba ako? May bail Po ba? Makakabalik Po ba ako sa bago long Asawa na foreigner? Please reply !!thank you god bless!!!
hi
i would like to ask if my 2nd marriage is legal, my first marriage is already annulled have a remarks in NSO form of my first marriage that presumtion dead.
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