What is bigamy?

Bigamy is basically the act of marrying again while the first marriage is still subsisting. It is defined under Article 349 of the RPC as the contracting of 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 proceeding.

In a case for bigamy, all the following matters or “elements” must be shown by the prosecution:

1. The offender has been legally married.

2. 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. He/she contracts a second or subsequent marriage.

4. The second or subsequent marriage has all the essential requisites for validity.

A pending petition for annulment or a declaration of nullity of marriage does not have any effect on a criminal case for bigamy. Refer to our previous discussion on this.

How is bigamy different from adultery/concubinage?

In adultery/concubinage, the law requires that both culprits, if both are alive, should he prosecuted or included in the information. In bigamy, the second spouse could be charged only if she/he had knowledge of the previous undissolved marriage of the accused. Bigamy is a public offense and a crime against status, while adultery and concubinage are private offenses and are crimes against chastity. In adultery/concubinage, pardon by the offended party will bar the prosecution of the case, which is not so in bigamy.

What is concubinage?

What is adultery?

What is bigamy?

What if I killed or injured my spouse when I caught him/her in the act of committing sexual intercourse with another person?