Dear PAO,

My husband and I were married for two years before I met a woman who claimed to be my husband’s legitimate wife. I immediately confronted my husband, as I was never aware of his previous marriage, but he just shrugged it off. My investigation revealed that he was indeed married to the woman, and the marriage is still subsisting. I certainly want to file a case of bigamy against him. But being the easygoing person that he is, he confidently said that he could not be liable for bigamy because our marriage was void for lack of a marriage license, as he used a spurious one during our marriage. Is it true that he cannot be liable for bigamy? Is there any criminal case that I can still file against him for getting me into an illegal or void marriage?

Eloisa

Dear Eloisa,

As a preliminary consideration, the Supreme Court in People v. Nepomuceno, GR L-40624, June 27, 1975, penned by Associate Justice Salvador Esguerra, pronounced that: “In the crime of bigamy, both the first and second spouses may be the offended parties depending on the circumstances, as when the second spouse married the accused without being aware of his previous marriage.” In this regard, you have the legal standing to file a complaint against your husband even if you are the second wife as you were never aware of his previous marriage; not until the first wife confronted you.

However, in the recent case of Pulido v. People, GR 220149, July 27, 2021, penned by Associate Justice Ramon Paul Hernando, the Supreme Court discussed exhaustively and clarified that:

“All told, we hold that in criminal prosecutions for bigamy, the accused can validly interpose the defense of a void ab initio marriage even without obtaining a judicial declaration of absolute nullity. Consequently, a judicial declaration of absolute nullity of the first and/or subsequent marriages obtained by the accused in a separate proceeding, irrespective of the time within which they are secured, is a valid defense in the criminal prosecution for bigamy.” (Underscoring in the original.)

Consequently, if your husband proves that his marriage with you is void under Article 35(3) of the Family Code as it was solemnized without a valid marriage license, he may use this as a defense to evade prosecution for bigamy.

While it is true that your husband may be absolved from the crime of bigamy, you are not left without recourse. You may file a complaint against your husband for Illegal Marriage under Article 350 of the Revised Penal Code (RPC), among others, which provides:

“Article 350. Marriage contracted against provisions of laws. – The penalty of prision correccional in its medium and maximum periods shall be imposed upon any person who, without being included in the provisions of the next proceeding article, shall have not been complied with or that the marriage is in disregard of a legal impediment.

“If either of the contracting parties shall obtain the consent of the other by means of violence, intimidation or fraud, he shall be punished by the maximum period of the penalty provided in the next preceding paragraph.”

Under this law, contracting 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 declared illegal. In this regard, for him to be prosecuted under Article 350 of the RPC, you have to prove that your husband knowingly used a spurious marriage license when he contracted his marriage with you.

We hope that we were able to answer your queries. 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.