The Moment of Truth

There’s nothing quite like the crushing weight of betrayal of your unfaithful spouse. But what if that betrayal also constitutes a serious crime? The legal framework of marriage in the Philippines is a commitment to an exclusive, monogamous union. The Family Code is built on this foundation, outlining the rights and obligations that bind two people together. But what happens when one person shatters this sacred trust and enters into another marriage while their first marriage is still legally valid?

More than just a violation of your vows, bigamy is a criminal offense that carries severe legal consequences. It is a betrayal that can leave you feeling lost and uncertain about your future. This act of deception strikes at the very heart of marital trust and can have a devastating impact on your emotional, financial, and legal standing. After the person you trusted most has broken the law, it is necessary to protect yourself and your rights. Understanding bigamy and its legal implications is the first step toward reclaiming your life and seeking justice. 

The Price of a Second "I Do"

Bigamy is a criminal offense defined under Article 349 of the Revised Penal Code. It occurs when a person contracts a second or subsequent marriage before their former marriage has been legally dissolved or before an absent spouse has been declared presumptively dead by a court.

To establish the crime of bigamy, the Supreme Court, in the case of Marbella-Bobis vs. Bobis, has outlined four key elements that must be proven:

1. The offender has been legally married.

2. The first marriage has not been legally dissolved, and the spouse has not been judicially declared presumptively dead.

3. The offender contracts a subsequent marriage.

4. The subsequent marriage would have been valid had it not been for the existence of the first.

Participating in a bigamous marriage carries significant legal consequences. The individual who contracts a second marriage while their first is still valid can face criminal prosecution for bigamy, which is punishable by prision mayor or imprisonment of 6 years and one day to 12 years. Furthermore, the second marriage is considered null and void, meaning any rights or claims stemming from this union have no legal validity.

Like most criminal offenses, bigamy has a prescription period which is a time limit for filing a case. Under the Revised Penal Code, the crime of bigamy prescribes in 15 years. The critical question, however, is when this 15-year clock starts ticking.

Setting the Record Straight

The Supreme Court recently addressed this very issue in a significant decision penned by Associate Justice Samuel H. Gaerlan. The case involved Erwin Bonbon, who was found guilty of bigamy after he married a third woman, Elizabeth Bonbon, in 1999 while still legally married to his first wife, Gemma Cunada.

The central issue before the Court was whether the criminal case for bigamy, filed 22 years after the marriage, had already prescribed. Erwin argued that the 15-year period for filing the case should have begun in 1999 when his marriage to Elizabeth was registered with the government. He claimed his sisters, who filed the case, already knew about the marriage at that time.

The Supreme Court, however, disagreed. It upheld the rulings of the Regional Trial Court and the Court of Appeals, which had both convicted Erwin of bigamy. The Court clarified that the 15-year prescription period for bigamy begins not on the date the bigamous marriage is registered, but on the date it is actually discovered.

The Court's rationale focused on the nature of the crime itself. Bigamous marriages are often kept secret to avoid detection. Using the date of registration as the starting point for the time limit would make prosecution "almost impossible." This ruling effectively provides a protective measure for aggrieved parties, especially since the discovery of a bigamous marriage can happen many years after the fact.

In this case, Erwin’s sisters learned about the third marriage only in 2020 while obtaining documents from the Philippine Statistics Authority. Erwin failed to prove that they had knowledge of the marriage in 1999, and he even admitted that no family members attended the civil wedding, which took place in a different province. Because the case was filed in 2021, a year after the discovery, it remained well within the 15-year legal limit.

This decision is an important clarification of the law. It establishes that the prescription period for bigamy is not tied to a public record but to the actual, verifiable knowledge of the offense.

Navigating the Aftermath: Your Next Steps

This Bonbon case ruling has significant implications for individuals who may be victims of bigamy. It strengthens the protection for spouses who are unaware of a subsequent marriage and ensures they have a legal remedy even if the discovery is made many years later.

While this decision is favorable for victims, it is still crucial to act promptly once you become aware of a potentially bigamous marriage. Gathering evidence and initiating legal action as soon as possible strengthens your case.

If you suspect your spouse has entered into another marriage, or if you have questions about bigamy and other family law matters, it is necessary to seek legal counsel. The legal process can be complicated, and a knowledgeable attorney can help you navigate the necessary steps to protect your rights. 

For those in the Western Visayas and National Capital Region, particularly Iloilo City and Metro Manila, a reliable litigation attorney can provide the legal advice and representation you need. Find a law firm that is committed to helping clients understand their legal options and pursuing justice. There is a chance to put the pieces back together again — to seek a resolution and move forward with your life.