Bigamy and Annulment of Marriage
It is well known that a bigamous marriage is null and void under Philippine law.
If one of the parties to a marriage was already or still married at the time of the second marriage, then that second marriage is null and void.
Below, I discuss bigamy in terms of the court case and why a second marriage is considered bigamous even if the first married was invalidly contracted.
A second marriage is bigamous
Aside from the civil nullity of the marriage, anyone who contracts a second or subsequent marriage before the previous marriage is legally dissolved — or before the absent spouse has been declared presumptively dead by a court — is criminally liable for bigamy.
Sometimes people will argue that they could not have committed bigamy because, anyway, their previous marriage was invalid.
They may say that — because the earlier marriage was only a paper marriage or without a marriage license or that because some material fact in the marriage certificate was falsified — the previous marriage did not really exist and so they can remarry without being liable for bigamy and without the second marriage being invalid.
That is wrong. The Family Code and the Revised Penal Code together are clear that it is only through a court decision that a previous marriage can be declared invalid or null and void for purposes of remarriage.
A private person cannot just take it upon himself to decide that his previous marriage was without effect, was null and void. If he wishes to remarry, he has to file and win a case in court to have the first marriage declared null and void.
The case for nullity of marriage must be filed with the Family Court of the province or city where you or your spouse resided at least six months prior. The courts are quite strict about this residency requirement so that failing to file the case at the proper venue would result in the dismissal of the case.
What is the process like?
In preparing for the case, there are basic steps you can take.
First among them is gathering the evidence that will be needed.
These include obtaining an Advisory on Marriages from the Philippine Statistics Authority. (This is the equivalent for married persons of the Certificate of No Marriage of single persons.)
You should, of course, obtain a certified copy of the marriage certificates of the people involved from the PSA and the civil registrars.
Other evidence, such as photographs, letters, and related documents proving the identities and relationships of the spouses should also be gathered.
All these will need to be presented in court together with witnesses to testify to them and the circumstances of the marriages.
If the court rules favorably, its decision will declare the nullity of the marriage. The spouses will be officially unmarried and, by law, will have never been married.
Their conjugal property will be divided between them, and matters such as custody of the children will have been resolved in the same decision.
If the court rules for the nullity of the marriage and the decision becomes final, this will have to be registered in the Philippine civil registry system. The registration of the final court decree is itself a requirement for the validity of the subsequent marriage.
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What if the second wife is aware of the fact that his husband is already married, but still married his husband? Is this still a bigamous marriage?
Yes, that would still be a bigamous marriage. The validity or invalidity of a marriage is a matter of law.
Hello, I am Filipino married to a German foreigner and got divorced in Germany. Is it legal for me as Filipino to remarry again outside Philippines to another foreigner? The foreign country only asked for the divorced papers not my civil status from Philippines. Pls help I need advice. TIA
Under Philippine law, you need to get the divorce recognized in the Philippines before you can validly remarry. We cannot speak for the laws of the foreign country.
Hello. My friend is married and they are separated for 20yrs (not annulled). She worked in dubai and had a boyfriend here in philippines, when she had vacation here in philippines, her boyfriend arranged a marriage for both of them knowingly she is still married. They are now separated for 8yrs. Can she file a void or null to the 2nd marriage?
Yes. A court case for the declaration of nullity of the marriage is necessary for this.
Hi! I got married year 2019. My husband is a Japanese. By the end of year 2021 my husband ghosted me. I tried to search for him to have closure and was able to find him and we had our closure. We never stayed together in one roof eversince, even before and after our marriage. Just after our wedding he already returned back to Japan after that our relationship was like LDR. Is there a chance that our marriage can be void?
It would probably be legally simpler for you to file for divorce in Japan and for Philippine recognition of the foreign divorce together.
My brother married in The Philippines to a half filipino half japanese. When they separated the girl took the son to Japan and made my brother sign some documents (in japanese) saying that it will help them get financial support in Japan if he signs with the condition of she allows my brother to talk to the son via video call. Once she received the signed documents, she blocked our whole family and portrayed herself to the public as a single mother without support from my brother. She denied us access to the son. Later we were informed that what she asked my brother to sign was like divorce papers in Japan as she registered their marriage there as well. and now she is getting married to a filipino in the same place (hometown) where she and my brother was married. We got a copy of my brother’s cenomar and it shows that he and she are still married. So we are wondering how was she able to get a marriage license again considering the cenomar my brother just requested shows they are still married. How can we fight for my brother’s rights to his son? Can we raise this to PAO or should we get our own lawyer? Thank you.
If she had Filipino citizenship at the time of their divorce, then the divorce is invalid under Philippine law. A subsequent remarriage by her would be equally invalid under Philippine law.
However, if she remarried in the Japan then the criminal aspect of bigamy under Philippine law would not attach, having been celebrated outside Philippine territory.
We cannot speak for the validity of the second marriage under Japanese law.
Hello, just a point of inquiry – is a Filipino who married two foreign nationals celebrated abroad also guilty of bigamy? Thanks
Yes, at least civilly so as to invalidate the second marriage.
Hi, just want to be enlightened regarding my situation. Me and my husband got married in 1999 and just found out last year through CENOMAR that he was also married to someone else way back 1988. Just want to ask if our marriage is automatically null and void or do I still need to file it on court?
A court case for declaration of nullity is necessary. It has to be filed in the city or province where one of the spouses lives.
i was married to my late husband in sharia court however I found out on his death certificate that he was married in civil with another woman way before we got married. How can I void my marriage to him now he has passed away?
That may not be necessary considering that death terminates a marriage.
Hi i would like to ask for your opinion on this.
My mom and dad was married last july 26, 1979 and it was registered late june 27, 2000.. My dad married again Feb 28, 1988 to another woman without the first marriage being annuled.. Question who is the legit marriage under court rules?
We would need to examine copies of the documents and the facts more closely to give a considered answer.
Hello.
In advance, thank you for answering our queries here. I hope it’s okay to post another question:
I married a Foreigner here in the PH and if consent to marry was obtained through force and intimidation, is it grounds for annulment? He is not fulfilling his duties as husband and father to us.
This depends, among other things, on how long ago you married.
You may also consider filing a divorce from him at his home country and getting that divorce recognized in the Philippines.
Hi. My dad is married to 2 women, my mom being the second wife. However, there’s a 16-year gap between my mom’s marriage and his first wife. His first wife got married to another man in Japan also before my parent’s marriage. My dad hasn’t been in direct contact with his first wife for more than 20 years up to date. What will happen to my parents’ marriage tho?
It cannot be considered a valid marriage considering that he was already and still married when he married again.
Hi, I just want to know how much does it cost to file for bigamy marriage? And what are the requirements and proof needed to file a case? Me and my live in partner would like to marry but he’s married to his first wife, however, his first wife is already married to his first husband before she married my live in partner. They have children, but their children aren’t the same surname with my live in partner. Their mother filed for late birth registrations under the Japanese surname(not her first marriage man, he’s a friend of her) and signed by the Japanese friend. I want to know the process and cost. And can we file on Public attorney’s Office because we cannot afford it.
You would have to prove the fact of the first marriage with documents and other evidence. The PAO may be able to handle this if you meet the qualifications for indigents. You should contact the PAO directly to inquire.
May i ask how u can help me.
My husband and i were together and never separated for 40 yrs until now..he married me in 2017 because we just decided coz we were already getting old.
Until in may of 2019 i discovered that my husband had a mistress and had 1 child as far as i know coz the mistress posted on fb.
This mistress posted in my messenger that my husband was martied to another girl in 1990 wich i did not know.
It was only this mistress who posted in my messenger the marriage contract of my husband to anothef girl.
This mistress now filed a bigamy case against me and my husband .
Does she have the right to file against me when i did not even know my husband had a 1st marriage in 1990.
Thank u
You can certainly raise that as a defense. You should not be liable for the offense.
Hi, I am living in Italy and married a foreigner who has naturalized to be italian, we were not legally separated staying apart from each other for 1 year, I went to my country to marry and later came to file for divorce which has been granted, I want to process my new wife to come join me, is it possible as I am legally divorced from my first wife?
Thank you
You may be well served to first bring these questions to an Italian immigration lawyer considering these objectives.
I have a sister that is now not living with her ex husband but on the certificate it indicates a wrong marriage date. They are now separated for 3 years and my sister was 19 at that time of the so called marriage is the marriage null and invalid or possible case to be nulled since the date is incorrect? No parents have been present for both sides at the time of marriage.
This is not enough information to say, but a wrong marriage date by itself is not enough to invalidate a marriage. There have to be other circumstances.
Hi.. my partner filed a bigamy case against his ex who managed to file a fake marriage certificate to nso at that time. My partner only found out about the said marriage when he asked his sister to get a cenomar for him and she found out that my partner has a record of marriage in nso. And months after that my partner found out that his ex has been married to someone else since 1996.. we know that their marriage though it is falsified is invalid and void. But what should we do? We want to get married but dont know how since he has a recors of marriage in psa.
He will be have to file a case for declaration of nullity of his existing marriage. We can speak specifically to his situation if you contact us on our portal at https://lawyerphilippines.org
My mama and papa were married in 1997 and I was born the same year here in the Philippines. My papa left us after a year but he tried to reach us around 2008 and he is already an OFW in Spain. However, currently, we do not have contact with him anymore. From what we know, he married his “Filipina kabit” in Spain and he still works there. The lady has 5 children of her own from her first marriage with his dead husband but she and papa never had a child because she was already ligated. Through her children’s social media pages, I can see that they are still living together in Spain and it seems that all their friends and relatives know that they are husband and wife.
Now, I just have a few questions on this situation.
1. Is my papa and his kabit’s marriage void (they got married in Spain around late 2000s while my mama and papa’s marriage in PH is 1997)?
2. In case my papa passes away (God forbid), who is allowed to claim his body, properties, and benefits he acquired for being an OFW for many years? Please note that we are not sure if I or my mama are included in his dependents, although he was recorded as my father in all my records and my mama still inputs him as her husband in all her records?
I hope you can clarify this for me if you have time. Thanks you in advance.
Under the circumstances, this question may be better addressed to Spanish law.
My bestfriend got married to a foreigner in 2001 – Just recently, she requested CENOMAR for her alleged husband and found out – her husband was married on 1993 with a different Woman – so will her marriage be null an void? and so, will that expedite the process of annulment on grounds of bigamy?
Yes, it would. A court case for declaration of nullity of the marriage would have to be filed.
Hello!
My grandfather and grandmother got married but then they broke up due to my grandfather’s infidelity—-they had 2 children (my mom, and my uncle who is already deceased). Both have remarried after breaking up, each had children from second marriage. With my grandfather, there was a matrimonial ceremony, I saw wedding pics– and probably registered the marriage, too. With my grandmother, none, but a judge related to her second husband apparently “registered” their marriage.
As per my understanding reading this post… the second marriages they both had should be considered null and void since there’s no court order that their marriages have been dissolved…. Will this truth make the kids from the second marriages illegitimate? My mom’s BC was late registered unlike the kids from my grandfather’s second marriage so it was them who was insinuating that my mom was the illegitimate one, even tho my grandfather’s name was in her BC.
PLOT TWIST: After many years….. 10 yrs, I think…. My grandmother’s second husband died and she was widowed for a while. But they got back together and had a child. My grandfather cheated on his second wife with my grandmother (the first wife). Lol. **Sakit sa ulo**
Now, my grandfather is dead and the second wife wants something out of the piece of property that he left, where the first wife is now residing…. I would understand that the second kids will have a right…. but does the second wife have a right, too? Even though their marriage is considered null and void?
Thanks for reading and answering.
The children of the first marriage would be the legitimate ones.
If the property was acquired before the second relationship then the second wife could not have a claim.
My wife dad got married in 77 but thought it was invalid and married her mom in 81. They have been together till his passing in 2019. When she filed for pension they said that her marriage isn’t legal and that she can’t get his pension. Is there anything they can do?
They can ask the agency’s legal department to clarify what they require and determine from there whether it is feasible.
My niece had her first marriage annulled… She fell in love with another man and get married again.. However she found out that this man is incapacitated too and separated from him.. Now this niece of mine met her first boyfriend who is still single and they are now engaged.. Can my niece have her second annulment to her second husband… My niece didn’t have a child with her previous marriage…
We would need to know more about the facts to say. There are specific grounds for the annulment or declaration of nullity of marriage and we will need to know her situation to say if these are found in her case.
My niece had her first marriage annulled… She fell in love with another man and get married again.. However she found out that this man is incapacitated too and separated from him.. Now this niece of mine met her first boyfriend who is still single and they are now engaged.. Can my niece have her second annulment to her second husband… My niece didn’t have a child with her previous marriage…
Perhaps. We cannot say without knowing the specifics of the second marriage.
Hello, in my case I was married to a philippino man who has children from another women. We seperated and I met and married an american to whom I have been with for twenty years. My first husband (philippino) died shortly after I married the american. Since my first husband died, is my marriage to my american husband considered a legal marriage?
No, it is void under Philippine law and the death of the first husband did not cure its nullity.
My mother in law married in 2005 but because the man had a rape case, she left him in 2014, and now she is accused of adultery because she had a new boyfriend. By the way, we only found out through cenomar that she was married to my father -in -law also year 1988 who died in 2009, in her cenomar 2 results were found, her marriage to my father-in-law 1988 and her marriage to her second husband 2005. My question is, can she be charged with adultery or bigamy by her second husband? Hoping for a reply. Thank you
A bigamy charge might be possible.
My mother in law married my father in law 1996 so she can petition him to migrate in the US. But then they broke up 2007 and a woman appears with a marriage license that her and my father in law are married, 2007. Is their marriage valid? No annulment or divorce happened between my inLaws. Hoping for a reply ??
If he had an existing marriage that was not dissolved before the second marriage then that second marriage is invalid.
I am married to a Japanese national for 23 year. We’ve been separated for almost 4 years now. We have 3 children all living here in the Philippines with me. I have his cenomar stating that he is still married by the time of our marriage. Our marriage is also registered at PSA. Does our marriage null and void?
His marriage record in Japan should also be checked to confirm that he did not get a divorce after his earlier marriage.
We will need a clearer narration of the facts to say. We can discuss if you give clearer details through our form on https://lawyerphilippines.org
A Filipino Man has been married under the Philippines civil rights, then he had a defacto separation with his wife. 3 years after separation, he converted to Islam and remarried under Islamic law to a muslim foreigner in the Philippines Islamic center and got approval from the sharia court in Philippines before registering civilly as a 2nd marriage. In this case:
1- Can He, as a muslim convert, be committed for bigamy if he conducted 2nd marriage under islamic law to a muslim lady?
2- In case of convicted, does the prison term starts from the day it was discovered or the day of the court ruling?
He may not be liable for bigamy, but this might be a question best addressed to a Sharia lawyer.
A woman had a first marriage. Such marriage is positive in the PSA database. They have 2 children. After 14 years, she applied for a delayed registration of her birth assuming another name and another year of birth. Then she applied for Marriage License with another man using her new delayed registered name.
If her marriage to another man using her new name be solemnized by authorized solemnizing officer, will it be valid?
No, it would be a bigamous marriage. A court would have to declare it so, upon a finding that she and the woman in the previous marriage are one and the same person.
My mother married a Filipino in the 1960s. She ran away from him and claimed to be legally separated. She married my Dad, a foreigner, in 1969. He lost two stripes after the base commander found out that she was still married to a Filipino. How was she still able to retain her married status if this was a bigamous marriage? Another interesting fact is that I looked at the marriage record of her first husband and the spouse’s name isn’t my mother’s. However when looking at my father’s civil marriage record, the parents of my mother have the same first names as the parents on my mom’s first husband’s marriage record. I am mystified by the discrepancies but also I wonder how my mother managed to marry twice in the Philippines without any repercussions. She died a few years ago, so all my questions won’t be answered anytime soon
These questions could be looked into if you have practical reasons to do so because they would require a formal investigation.
Hello. How can I obtain a copy a bigamous marriage? I mean may husband remarried someone else without our marriage being annulled?
Order the CENOMAR or the Advisory on Marriages of your husband from the PSA. This can help you track down his marriage record.
I have been married in civil for the pass 17 years with a filipino guy in Phillippines but his 1st marriage was not annualled yet Is our marriage valid or not valid. As a 2nd wife, am i able to void our marriage or not necessary? Please advise.
A bigamous marriage is void as explained in our article, but it requires a court decision to declare it so. You cannot validly remarry without the court decision.
Good day attorney…I have complain about my merriage..my husband was married before in 2008 he have 1 children of he’s wife and I don’t know if he married before he don’t say nothing we married in 2018 in McDonald’s San del Monte bulacan we don’t have children and properties…I’m 4 years ofw in Israel..and we dont have communication 4 years from now….hnd ko lng po maintindihan bakit na registered kasal naming eh kasal Pala siya sa una….legal po ba yun….March 15 2018 ako umalis papuntang Israel and my date of marriage nakalagay March 18 paano po nangyari yun….hope matulongan niyo ako atty mapa avoid ang marriage ko ..please ? help me…..more power and God bless????
We would need to know more to comment on this situation. Will send you an email.
Good day Attorney!
I would like to ask if I still need to do something since our marriage is null and void because my husband is still married to his wife during that time. We are already separated for 9yrs with no communication. We do have a marriage contract from PSA. I’m planning to get married legally with my partner. Need your advise on what needs to be done. Thank you.
Yes, his first marriage must first be declared null and void by a court before you and he can validly marry.
Here’s the case: A marriage took place but the record is non-existent in the PSA files. The Filipino groom is a U.S. resident and the couple
has lived apart for more than a decade. The bride migrated to the U.S. on a fiance visa to a U.S. citizen of Korean descent. The bride had
an out-of-wedlock daughter by another man in the U.S. prior to getting divorced from her Korean husband. What are the legal repercussions
regarding this messy affair? Not sure if the Korean guy knew that she was previously married.
We can’t say without more facts to draw on. We’d need to know how the marriages each took place and how it was that it has no civil registry record of the first.
Married sin 2002 but in 2012 when i go to PSA for may passport requirements i found out that my husband had a previous marriage in 2009..i want our marriage be void…what should i do first?
A court case can be filed to declare the marriage void. It should be filed in the city or province where one of you lives.
My father had a first marriage with a different woman that went through trial due to bigamy (because he re-married with my mother) but it was proved that the first marriage was null and void (due to no marriage license and psychological incapacity). Is the marriage of my mother and father valid?
It may not be.
The Family code provides that the nullity of a previous marriage can only be invoked for purposes of remarriage if there has been a court judgment to that effect.
We cannot say with specificity without more of the facts.
Hi, my partner has a pending bigamy case against his “wife” though their marriage didnt really took place, the girl managed to file a marriage cert to psa and so they have a marriage cert in psa and that’s why my partner cannot get a cenomar.. the girl was married in 1996 to someone else. What should we do about it?
Good evening Attorney, I married my wife in 2018 December and separated in 2021 because of domestic violence. In December 2021 she filed for divorce then in the 29th of July she was traditionally married to another man while our divorce is pending. What should I do? I am in SA
Her second marriage appears to be bigamous, but that does not in itself affect the validity of your marriage to each other.
my marriage done in foreign country with a man married in ph. is the properties mostly in my name what will be the status?
They will not be conjugal if the marriage is bigamous and void, but you should secure a court judgment for the nullity of the marriage.
Hi my married is done but i didn?t know my husband is already married my husband and his wife used my car and my motorcycle and both of them spend my monthly money I send to my husband and because I?m here in Japan my car and my motorcycle is my husband name what case can I file to both of them
A case to annul or for declaration of nullity of marriage may be filed in the city or province where your husband lives.
A criminal complaint for bigamy could also be filed against him, but this is distinct from the action to nullify the marriage.
I have a friend who had his first marriage both by civil and church rights. However, after several years of being married with the 1st wife, he was involved in second marriage by church rights. Both marriage have PSA Marriage Certificates. Is the second marriage valid? If the 1st wife filed annulment and approved, is the second marriage become valid?
The second marriage is void. The annulment of the first marriage will not cure the second marriage’s invalidity.
I had been married for 20 years and with children of two and only this year we found out that our marriage is bigamous. Can we file for an annulment to the first marriage? How can we validify our marriage
We will need to know more about the situation to say.
I married my husband last March 2000. I didn’t know he was already married until my mom introduced me to his first wife and we became civil friend. She didn’t file us any case. We parted ways after 2005. Just last month, I seen him and told him to file cancellation of our marriage license, but no avail he didn’t because he wants me to be the one to file to spent money on it but I don’t have extra cash because I support my 75 years old mom and a PWD son. How should I do? Can I get cash benefit out from it for ruining my life?
You may consider speaking with the Public Attorney’s Office for assistance with the case.