A marriage that is void from the beginning still requires an annulment

Yes, you can file for annulment in the Philippines if your spouse was previously married and not legally separated when you married.

A marriage like this is void from the beginning.

This is because Philippine law only allows someone to be married to one person at a time.

So, any marriage that happens when one of the parties is already married is void from the beginning.

However, you will still have to go through a court case called Annulment (or more technically Nullity of Marriage) if you want to legally end the marriage and remove this marriage from your PSA record.

Please note also –

Annulment and bigamy in Philippine law is different cases.

These are separate cases with very different effects.

In the Philippines, bigamy is a criminal case which can put someone in jail while annulment just ends the marriage.

(I understand some people will be upset and want to file bigamy cases, but it just costs a lot of time and money. Getting an annulment may help in just allowing you to move on with your life.)

Annulment is a civil case while bigamy is a criminal case

In the Philippines, marrying someone who is already legally married carries serious legal consequences — both civil and criminal.

The difference between Annulment vs Bigamy in the Philippines is that the first type of case ends a marriage while the second type of case criminalizes the act of marrying while already married.

Let’s discuss annulment first.

Annulment is a court case that ends a marriage, dissolves conjugal property and removes a spouse as a compulsory heir.

Basically, annulment process declares a marriage null and void, as if it never legally existed from the beginning.

There are two Types of Marriage Nullification in the Philippines:

First, Annulment (Voidable Marriage).

Which the marriage is valid until annulled by a court.

It applies when there were issues at the time of the marriage, but it was not automatically void.

And, Declaration of Nullity (Void Marriage)

Which the marriage is invalid from the beginning.

Although annulment and nullity of marriage often confused, both served same purposes which is to declare a marriage legally invalid, granted freedom to remarry, and protected both legal rights.

On the other hand,

Bigamous marriage is considered void ab initio (invalid from the beginning) under article 35 of the Family Code.

Meaning, no legal rights arise from it. No conjugal property, spousal support, inheritance rights and child legitimacy.

Bigamy is a criminal case in Philippines that is filed when one spouse marries while still married to their first spouse.

Under Philippine law, bigamy is defined 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.” Article 349 of the Revised Penal Code

Bigamy happens when a person marries someone else while still legally married to another, and the first marriage has not been annulled, dissolved, or legally ended.

To be liable for bigamy, the following must be present:

• There is a first valid marriage.
• The first marriage is still in effect (not annulled or legally ended).
• The person contracts a second marriage.
• There is no court declaration of presumptive death (in case the first spouse is missing).

Bigamy is punishable by prisión mayor, which means 6 years and 1 day to 12 years

Bigamy can end up with the perpetrator being in jail (although that is not always the case, for example, prescription may apply.)

Bigamy may be filed by the public prosecutor attached to a court.

You can do each in separate cases but the cost of filing three cases is quite high and so annulment is the best and cheapest way to do.

For example is the case of Luisito Pulido who got convicted of bigamy and his marriage declared null and void:

Case Study: Luisito Pulido — Nullity of Marriage Confirmed After Bigamy Conviction

In G.R. No. 220149, Luisito Pulido was convicted of bigamy after marrying Rowena Baleda in 1995 while still legally married to Nora Arcon, whom he wed in 1983. Pulido argued that both marriages were void — the first allegedly lacked a valid marriage license, and the second lacked a proper ceremony. However, the courts found that his first marriage was presumed valid, and that he had not obtained a judicial declaration of nullity before entering the second.

Despite Pulido’s defense, the Regional Trial Court, Court of Appeals, and ultimately the Supreme Court upheld his conviction. The second marriage was later declared void for being bigamous, but the criminal liability remained because the first marriage was still subsisting at the time of the second.

In 2015, the RTC of Imus, Cavite issued a final judgment declaring Pulido’s first marriage void, followed by a Decree of Absolute Nullity in 2016. However, this did not absolve him of bigamy, as the second marriage was contracted before the judicial declaration of nullity.

Either of the spouses can file the annulment case

Annulment cases based on bigamy can be filed by the spouse involved.

Typically, the innocent spouse in the second marriage is the one who initiates the petition.

This specifically addresses annulment bigamy Philippines cases.

The victim spouse may file a Petition for Declaration of Nullity of Marriage under Article 35(4) of the Family Code.

It’s important to understand that annulment cases on the grounds of bigamy in the Philippines are civil in nature.

They are filed in the Family Court and require evidence such as your marriage certificate and a certified copy of your spouse’s prior marriage certificate to prove that the first marriage was still valid at the time of your wedding.

Please consult with a lawyer before using this ground as he can help you determine the possible repercussions of the case.

Annulment cases are filed both online through a personal visit to the court.

Annulment on the grounds of bigamy is filed at the RTC Family Court.

As part of the bigamy annulment process, the petition should be filed in the court that has jurisdiction over where you or your spouse currently resides.

So, if you live in Tagaytay, your lawyer will file the petition for annulment in the Tagaytay RTC. Alternatively, if your spouse resides in Makati, the bigamy annulment process can also be initiated there.

Choosing the correct venue is an essential part of the procedure to ensure the case moves forward efficiently and within the bounds of the law.

If one is already married, what you will get is Advisory on Marriage

Although witness testimony, emails and text messages can be admitted, it is important to get actual documentary proof, evidence needed that is grounds for annulment (that one of the spouses was married at the time you married).

Some of these documents are the following:

• CENOMAR (Certificate of No Marriage): The Philippine Statistics Authority (PSA) releases this certificate when a person has no record of a marriage.

If the person has a record of marriage, then the PSA will instead release an Advisory on marriage where his or her marriages will be listed.

• PSA Marriage certificates will also be needed.

Other official documents demonstrating the existence of the prior marriage can be included.

• Emails, texts and photos

Photos of the first and second marriages with system generated timestamps can be helpful.

Texts or emails showing evidence that the 2 marriages existed at the same time can also be admitted.

• Witness testimonies

Testimonies from individuals who can attest to the existence of the prior marriage and the knowledge of both marriages can be valuable evidence.

These witnesses will likely be called to court, so please make sure that they can actually attend a court hearing.

Falsifying public documents is a serious crime

If your spouse used a different name to marry without legally separating first, you’ll need to find proof that they are the same person.

• Documents showing both names such as government-issued IDs, driver’s licenses, or employment records.
• DNA samples of children from both marriages showing that the same person was the father or mother.
• Testimony from people who can confirm that the person with the different name is the same person in both marriages.

Other documents that may exist that prove that the same person was involved in both marriages.

A fixer is someone who has access and contacts “inside” a government office

If a fake marriage license was used for the second marriage, you will need to present proof that the marriage license had a grave error.

You will need to get the marriage license application from the Local Civil Registry for both marriages.

You will physically need to go to each Local Civil Registry. Ask for the entire file and if they cannot present one, ask for a Certificate from them acknowledging this fact.

If the fake marriage license was procured through a fixer, consult first with a Philippine family lawyer so that he can help you determine the proof you need.

Additional processes like apostillization of petitions and other documents may add to the scope of work and the cost

Yes, you can file for annulment in the Philippines on the grounds of bigamous marriage even from abroad, but you might have to come for testimony.

There are video conferencing options available.

However, these options rely on the following:

• If the judge allows
• If there is a consulate near where you live that offers videoconferencing testimony.

In some cases, the judge absolutely insists to have an in-person testimony.

In those cases, you must appear or risk the case being dismissed.

A good lawyer will always tell you that is a possibility although they will also try to ask the judge for the opportunity to do a videoconference testimony instead.

Child support can also be discussed in the case but it not advisable as it may prolong the case

An annulment ends issues with regard to property rights for properties that you will buy in the future.

An annulment can also end issues with regard to current properties that you own jointly and the case can also tackle child support issues.

However, adding property issues and child support issues when the spouses disagree may lead to a very long, very expensive annulment case that may fail.

If there is disagreement on these issues, consider separating them from the annulment based on bigamy case so that the annulment at least can succeed.

Talk it over with your Philippine family lawyer.

He’ll best be able to advise you on the best thing to do.

It may sometimes be that you will have to file separate cases for child support or property.

Most of the time, gathering evidence takes more time than drafting the petition

The Philippine court process for a declaration of nullity of marriage based on bigamy is often technical, time-consuming, and costly.

Here is a step-by-step guide on how to file an annulment in the Philippines, specifically for those going through the bigamy annulment process:

Step 1: Consult a Lawyer

Consult an attorney to assess the case and determine what kind of evidence is needed.

He may advise that you should file based on another ground, if the repercussions of filing annulment based on bigamy are not desirable.

Step 2: Gather Evidence

Gather an actual documentary proof of one of the spouses was married at the time you married.

Make a list of the prerequisite requirements for filing a petition in the Philippines to declare a void marriage due to bigamy.

They can serve as important evidence in a petition for nullity of marriage based on bigamy.

Petitions must be paid online first and then subsequently submitted to the RTC-OCC for docketing a case number and court raffle

Step 3: File a Petition for Declaration of NullityFile a Petition for Annulment at the correct RTC.

A Collusion Investigation is required for cases of annulment to make sure that the spouses did not manufacture evidence.

The trial phase involves presenting evidence and witness testimonies, usually handled by the lawyer, though you may also be asked to testify.

After the trial, the judge will release a decision on whether the annulment is granted.

Step 4: Register the court decision with the PSA

The final step in an annulment case on the grounds of bigamy in a Philippine court is the registration of the court’s decision with the Philippine Statistics Authority (PSA).

This ensures that the PSA can then release the right marriage record for you, with an annotation stating that the marriage was legally ended.

Step 5: Consider Filing a Criminal Case for Bigamy

Aside from the annulment or declaration of nullity, you may also file a separate criminal case for Bigamy under Article 349 of the Revised Penal Code.

It holds the offending spouse accountable for deceiving and violating the law.

It may support your case for declaring a void marriage due to bigamy in the Philippines, as the criminal case can provide documentary and testimonial evidence of the first marriage.

It may prevent the other party from using delay tactics or manipulating legal processes.

It helps protect your legal rights and serves as a deterrent for future misconduct.

Overall, annulment due to bigamous marriage in the Philippines takes a long time.

It typically takes several years because of the requirements for annulment based on bigamy in Philippine law.

In addition, Philippine courts are overworked – they schedule hearings months apart.

Be prepared for the fact that this is a process and hire a good Philippine family lawyer – the good advise is well worth the cost

Estimates the timeline and costs of filing for Declaration of Nullity—understanding legal fees and steps before taking action.

Filing for a declaration of nullity of marriage due to bigamy in the Philippines is not just an emotional journey, it’s also a legal and financial process that requires time, preparation, and resources.

Many people go into it with little idea of what to expect.

The duration of an annulment case for bigamy in the Philippines can vary depending on several factors, but here’s a general estimate:

• Preparation & Filing: 1 to 3 months
• Pre-trial & Trial Stage: 6 months to 1 year (or more)
• Decision & Finality: 6 months to 1 year
• Total Duration: 1 to 3 years, sometimes longer if there are delays or contested issues.

Delays May Happen Due To:

• Congested court dockets
• Lack of complete documents
• Unavailable witnesses or parties
• Changes in legal representation

As for the costs, it varies depending on the complexity of the case, location, and legal professionals involved. Below is a realistic breakdown:

Estimated Expenses:

Note: Fees may be higher in Metro Manila or with high-profile legal counsel.

Why Understanding the Timeline & Costs Matters?

Knowing the timeline and cost of annulment helps you prepare, avoid surprises, and plan your next legal steps with clarity and confidence.

Knowing what to expect helps in three important ways:

1.Realistic Expectations

Many people underestimate how long and costly a nullity of marriage case based on bigamy can be. Understanding this upfront can help prevent frustration and disappointment.

2.Better Financial Planning

The process involves significant expenses, often paid in stages. Being aware of costs allows better budgeting and preparation.

3.Informed Decision-Making

Some may consider alternatives like legal separation or even declaration of presumptive death, depending on their circumstances. Knowing your options and what each entails is empowering.

If you recently discovered that your spouse was already married before they married you, it’s important to act fast.

Understanding your legal rights is the first step toward protecting yourself.

Consult our legal team today for expert advice on how to proceed.

Can I remarry after my marriage is declared void?

Yes, you can remarry only after your marriage has been officially declared void by the court and the decision has become final and executory.

What’s the difference between annulment and nullity of marriage?

An annulment declares a marriage invalid due to issues that occurred after a valid marriage began, while a declaration of nullity declares the marriage void from the start because it was never legally valid.

How long does a nullity case take?

A declaration of nullity of marriage case in the Philippines typically takes 1 to 3 years to complete, depending on factors like court availability, case complexity, witnesses, and completeness of documents. Delays may occur if hearings are postponed or if either party contests the case.

What is the difference between annulment and bigamy in Philippine law?

Annulment is a civil case where someone asks the court to cancel a marriage based on certain legal reasons. Bigamy, on the other hand, is a crime, it happens when a person gets married again without ending the first marriage. In void marriage bigamy Philippines cases, both types of cases can happen at the same time, but they are handled in different courts and have different purposes.

What makes a marriage void due to bigamy in the Philippines?

A marriage is considered void due to bigamy in the Philippines when someone gets married again while still legally married to another person. The rule on nullity of marriage due to bigamy in the Philippines ensures that no one can remarry unless the first marriage is legally ended by annulment, a court declaration, or death.

How to annul bigamous marriage in the Philippines?

To annul a bigamous marriage in the Philippines, the aggrieved spouse must file a petition for declaration of nullity of marriage before the Regional Trial Court (Family Court), as provided under Article 35(4) of the Family Code. In the bigamy annulment court process in the Philippines, the petitioner must present valid evidence of the first marriage. If the case is granted, the court will declare the bigamous marriage null and void, and the decision must be registered with the Philippine Statistics Authority (PSA).

Can I file for only one case for annulment and bigamy?

Yes, you may initiate only one case depending on your objective, but annulment and bigamy in the Philippines are handled through separate legal proceedings. If your goal is to nullify a marriage because your spouse was already married at the time of your wedding, you must file a petition for annulment due to bigamous marriage. Meanwhile, bigamy is treated separately as a criminal offense. The bigamy annulment court process Philippines requires a clear understanding of whether you are seeking criminal accountability or simply want to void a marriage.

What are the requirements for annulment based on bigamy?

The bigamy annulment process in the Philippines depends on whether you aim to pursue criminal charges or annul the marriage. To annul a marriage based on bigamy, you must present key documents: a certified true copy of the first marriage certificate, proof that the first marriage was still valid when the second occurred, and a copy of the second marriage certificate. These requirements aid the annulment on bigamous marriage in the Philippines, and they may also serve as crucial evidence needed in annulment on the grounds of bigamy.