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Bigamous: Understanding Bigamy and Its Legal Consequences in the Philippines

Bigamy is more than just a word—it’s a serious legal issue with significant consequences in the Philippines. If you’ve ever wondered what’s bigamy or what it means to be bigamous, this guide will clarify everything you need to know about this crime, its penalties, and its relation to marriage annulment.

What Is Bigamy?

Bigamy occurs when a person contracts a second or subsequent marriage while still legally married to another person. Under Philippine law, this is a criminal offense punishable by imprisonment. The Revised Penal Code, specifically Article 349, clearly defines and penalizes bigamy.

Simply put, whats bigamy? It’s marrying again without legally ending the first marriage.

Who Is a Bigamist?

bigamist is someone who commits bigamy—someone who enters into a second marriage while the first marriage is still valid and subsisting. Being a bigamous individual means you are legally married to two or more people at the same time, which is prohibited by law.

Elements of Bigamy

To establish bigamy, the following must be proven:

  1. The accused has a valid first marriage.
  2. The first marriage has not been legally dissolved or annulled.
  3. The accused contracted a second marriage while the first is still subsisting.
  4. The second marriage would have been valid if not for the existence of the first.

Punishment for Bigamy

The punishment for bigamy under Article 349 of the Revised Penal Code is prisión mayor, which means imprisonment ranging from six years and one day up to twelve years. Aside from criminal penalties, the second marriage is considered null and void.

Bigamy and Grounds for Annulment

Bigamy is one of the recognized grounds for annulment Philippines Family Code and also a valid basis for declaring a marriage void under the grounds for nullity of marriage. If you discover your spouse is a bigamist, you can seek annulment or nullity to legally dissolve the union.

Bigamy vs. Annulment: What’s the Difference?

  • Bigamy is a criminal offense involving contracting a second marriage while the first is still valid.
  • Annulment is a civil process that declares a marriage void due to specific grounds such as psychological incapacity or fraud.

Bigamy can be a strong ground for annulment, but they are distinct legal concepts.

What to Do If You Suspect Bigamy?

If you believe someone is bigamous or you are a victim of bigamy:

  • Gather evidence such as marriage certificates and witness testimonies.
  • Consult a qualified family lawyer to explore filing criminal charges or annulment petitions.
  • Understand your legal rights and remedies under Philippine law.

Summary Table: Bigamy Essentials

KeywordExplanation
BigamousDescribes a person involved in bigamy
BiganyFilipino term for bigamy
Whats bigamyMarrying again without legally ending the first marriage
Whats a bigamistA person who commits bigamy
Punishment for bigamyImprisonment of 6 years and 1 day to 12 years under Article 349 of the Revised Penal Code
Grounds for annulmentLegal reasons to annul a marriage, including bigamy
Grounds for nullity of marriageReasons to declare a marriage void from the start, bigamy being one of them

Final Thoughts

Being bigamous carries serious legal consequences in the Philippines, both criminally and civilly. If you’re facing issues related to bigamy or need to understand how it affects your marriage, it’s essential to seek professional legal advice.

For a comprehensive discussion on whether bigamy is a valid ground for annulment and how to proceed legally, visit this expert resource on bigamous.

Protect your rights and ensure your marriage is legally sound—knowledge is your best defense!

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