Bigamy in the Philippines: How to End a Bigamous Marriage (Nullity Case), Fix PSA Records, and Avoid Criminal Trouble
Bigamous marriages are void, but PSA records require a court case to correct
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.
But here’s the practical problem: even if a second marriage is void, your PSA records can still show “married,” and government offices, banks, and even future marriage applications will usually rely on PSA documents first.
That’s why people often still need to file a court case to end the “on paper” marriage and correct the civil registry.
Below, we discuss bigamy in terms of (1) what the law says, (2) what can trigger criminal exposure, and (3) the step-by-step, practical process to file the right case and update your PSA records.
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Contents
- What is a bigamous marriage in the Philippines?
- If the second marriage is void, do I still need to file a court case?
- Can I be charged with bigamy even if I believe my first marriage was invalid?
- What are the legal consequences of bigamy?
- Where do I file the case to declare a bigamous marriage void?
- What evidence should I gather before filing?
- What is the process like (step-by-step)?
- How long does it take, and why does it feel slow?
- What evidence problems commonly sink bigamy/nullity cases?
- What Supreme Court rulings should you know about (practical takeaways)?
- What should I do first if I suspect my spouse is already married?
- Frequently Asked Questions (FAQ)
- Downloadable Resources
What is a bigamous marriage in the Philippines?
Bigamous marriages are void and may lead to criminal charges—seek legal advice early.
A bigamous marriage occurs when an individual enters into a marriage with someone while still legally married to another person.
In the Philippines, such a marriage is regarded as null and void.
- A second marriage is generally void from the start if the first marriage still exists.
- There is a narrow exception when the absent spouse is declared presumptively dead by a court under the Family Code rules.
- Bigamy is not just a “family issue.” It can also trigger criminal prosecution under the Revised Penal Code from the court prosecutor assigned to the case by the Solicitor General. That is why it is important to discuss with your lawyer so that you can determine how to file the case to reduce that risk.
Action: Write down a simple timeline: (1) first marriage date/place, (2) second marriage date/place, (3) whether any court case (nullity/annulment/presumptive death) happened before the second marriage.
If the second marriage is void, do I still need to file a court case?
Void marriages still need court action to fix PSA records and avoid legal complications.
Yes—often, you still need a court case so the nullity of the marriage is officially recognized and your records can be corrected. The Family Code treats bigamous marriages as void.
Also, Philippine law requires a judicial declaration of nullity for purposes of remarrying and for relying on the marriage’s nullity in official transactions.
- Even if you “know” the marriage is void, PSA and LCR records may continue to show a marriage exists until properly annotated.
- Property, inheritance planning, benefit claims, and even new relationships can become legally messy if the civil registry is not fixed.
- If your situation involves multiple marriages, you should expect that government offices will ask for PSA documents that reflect the corrected status.
Action: Secure a PSA copy of the marriage certificate(s) involved and keep them in a single folder (physical + scanned), ready for review.
One-line help: If you want a lawyer to evaluate your exposure and the fastest legal path, email admin@lawyerphilippines.org.
Can I be charged with bigamy even if I believe my first marriage was invalid?
Bigamy cases hinge on facts, proof, and court ruling. Consult your lawyer before filing.
In a regular annulment proceeding, the criminal case for bigamy can be levied against one of the spouses by the government appointed prosecutor assigned to the case.
A government appointed prosecutor is a different lawyer and is not your lawyer; it is someone that the government assigns to all annulment cases.
However, being charged with bigamy does not occur in all cases, and it is important to understand the legal basis and recent cases so that you understand the perspective that the law has on this.
The legal basis for bigamy is Article 349 of the Revised Penal Code and is when a person contracts a second or subsequent marriage while the first marriage has not been legally dissolved (or before the absent spouse is declared presumptively dead).
However, recent Supreme Court discussions have clarified that void marriages may matter in a criminal bigamy case, and the defense may raise the void nature of the marriage in certain situations.
- Do not assume that “invalid first marriage” automatically protects you—criminal cases depend on specific facts and proof.
- If your spouse was missing, do not rely on rumors or “matagal na siyang wala.” The Family Code has rules on presumptive death that generally require a court process before a subsequent marriage is treated as valid.
- If there are identity issues (alias names, late registration, multiple records), your strategy and evidence must be planned carefully.
- If you are filing an annulment case based on bigamy, it is be possible to so, but you will need to discuss carefully with your lawyer to plan it out exactly.
Action: If you are worried about a bigamy charge, talk to a lawyer collect your documents first—especially PSA copies and anything showing dates and identities.
One-line help: Bigamy risk is fact-sensitive—if you want a lawyer to assess criminal exposure and civil options, email admin@lawyerphilippines.org.
What are the legal consequences of bigamy?
Bigamy brings criminal risks!
Participating in a bigamous marriage can result in serious legal consequences:
- Criminal exposure: A person who contracts a second marriage while still married may be prosecuted for bigamy under Article 349.
- Civil nullity: The second marriage is void under the Family Code if contracted while a prior marriage exists (subject to limited exceptions).
- Paper problems become real problems: Even if the marriage is void, PSA records can still cause issues in property transactions, benefits, and future marriages until corrected.
Action: Make a list of immediate “risk areas” you need to protect today (kids’ documents, property titles, benefits, visa/immigration filings, bank records) so your lawyer can prioritize what matters.
Where do I file the case to declare a bigamous marriage void?
Nullity cases require strict proof of residency—wrong venue risks delay or dismissal.
A case for declaration of nullity of marriage is filed in the Family Court/RTC branch designated to handle family cases, following venue and residency rules. Philippine courts can be strict about residency and proof of address.
- Expect to prove residency using barangay certification/sketch and other documents such as utility bills or bank statements with your address on it.
- Filing in the wrong place can lead to delay or dismissal, which costs time and money.
- If a party is abroad or left the home for just cause, the rules can be different, but documentation still matters.
Action: Gather proof of address for the last 6 months (utility bills, lease, IDs, barangay certificate with sketch) before your first lawyer meeting.
What evidence should I gather before filing?
Advisory on Marriage verifies PSA?recorded marriages, vital for licenses, records, and legal proof.
First among them is gathering the evidence that will be needed.
These include obtaining an Advisory on Marriages from the Philippine Statistics Authority (commonly used to show recorded marriages). You should also obtain PSA-certified copies of the marriage certificates and civil registrar copies where available.
- PSA marriage certificate(s) of the parties involved
- Advisory on Marriages (helpful especially when multiple marriages exist)
- Proof of identity linking records if there are aliases or different spellings (IDs, birth certificates, affidavits, other civil registry documents)
- Proof of residency (to comply with venue requirements)
- Other supporting evidence: photos, letters/messages, and witnesses who can testify to identities and circumstances
Action: Create a “names and dates” sheet listing every spelling variation of names, birthdays, and marriage dates—this prevents mismatches when requesting PSA documents.
What is the process like (step-by-step)?
Ending a bigamous marriage requires court proof, hearings, and PSA annotation for records.
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.
Steps to end a bigamous marriage (declaration of nullity)
- Gather Evidence
Compile all relevant documents, including marriage certificates and residency proof. A lawyer will most likely also request an Advisory on Marriages for the bigamous spouse. If the person used multiple names, a document linking both identities may be needed. - File for Nullity
Submit a petition through a lawyer for a declaration of nullity at the proper Family Court/RTC branch and comply with residency prerequisites. - Collusion Investigation / Prosecutor Participation (as applicable)
Complete required steps to show there is no collusion and that the case is being tried properly. - Court Proceedings
Attend hearings where evidence is presented and witnesses testify. This can take several months because settings are often spaced out. - Decision and Finality
If the judge is satisfied that the marriage was contracted while another marriage was still existing, the court issues a decision. You typically need to wait for finality before annotation/registration. - Final Registration / Annotation
Register the final decree/decision with the Local Civil Registrar and coordinate PSA annotation so your records reflect the court outcome.
Action: Ask your lawyer for a written checklist of what must be filed, what must be served, and what must be annotated—then track each item with dates.
How long does it take, and why does it feel slow?
Nullity cases can take quite some time—crowded courts, delays, and strict rules slow progress.
The process can take about 3 years, from filing to decision, depending on court calendars, completeness of service, availability of witnesses, and whether the case is opposed.
- Courts are crowded; hearings can be months apart.
- Service requirements and document corrections add time.
- Identity issues (aliases, multiple records) often cause delays.
- There may be difficulty arranging witness testimony with can cause delays.
- There may be stringent requirements set by the judge or prosecutor that is very strict and can cause additional hearings
Action: Ensure that you have your documents in order and ensure that you have
What evidence problems commonly sink bigamy/nullity cases?
Bigamy cases become complicated because of documents, identity issues, and contradictions.
Bigamy cases are often “simple in theory, messy in documents.” The usual weak points are identity, missing records, and contradictions.
- Multiple names / aliases: You may need additional documents that link identities (same person, different records). This might include DNA tests.
- Missing PSA entries: Sometimes marriages are not easily retrievable; you may need LCR records and certified copies.
- Inconsistent dates/places: These inconsistencies can be exploited if the case is opposed.
- Criminal exposure concerns: If the fact pattern suggests possible bigamy prosecution, strategy matters.
Action: Before filing anything, request and compare: PSA marriage certificate, LCR copy (if available), and the Advisory on Marriages—then highlight mismatches.
What Supreme Court rulings should you know about (practical takeaways)?
The Supreme Court has explained bigamy cases related issues.
Court rulings help clarify what you can—and cannot—do in bigamy-related situations.
- Standing to file (bigamous marriage): The Supreme Court has ruled (in a bigamy-related nullity context) that the ability to file may depend on whether the petitioner is the injured/innocent spouse, not the spouse “guilty” of contracting the bigamous marriage.
- Void marriage defenses in criminal bigamy: Legal literature and case discussions reflect that voidness of marriages can be material in a bigamy prosecution, depending on proof and circumstances.
- Evidence of knowledge and participation: Bigamy cases can involve not only the spouse who remarried, but also allegations about the second spouse’s knowledge—facts and evidence are crucial.
Action: If you’re researching online, search using the G.R. number and compare multiple sources—don’t rely on social media summaries alone.
What should I do first if I suspect my spouse is already married?
Secure proof before taking actions in bigamy cases.
Start with documents, not confrontation. The most common mistake is escalating the conflict before securing proof.
- Request PSA marriage certificates and (when appropriate) an Advisory on Marriages.
- Secure your own IDs, your children’s documents, and proof of residence.
- Avoid signing “settlement” papers or waivers without understanding property/child implications.
Action: Make a “document request plan” for the next 7 days (PSA requests, LCR requests, barangay certificate if needed), and complete it before any major confrontation.
If you want a careful legal assessment and a filing strategy, email: admin@lawyerphilippines.org
Frequently Asked Questions (FAQ)
1) What if I was the second spouse and I truly didn’t know my spouse was already married?
If you genuinely did not know, that matters—especially in criminal exposure discussions—because bigamy focuses on the act of contracting a second marriage while the first exists, and cases can turn on knowledge and evidence. Still, even if you acted in good faith, your “marriage” may be void under the Family Code if a prior marriage existed. Practical next steps usually involve securing PSA documents and getting advice on how to protect your property and your children’s paperwork.
Action: Request your PSA marriage certificate and an Advisory on Marriages, then list down all the names/spellings used in records before meeting a lawyer.
2) Can I remarry immediately after filing a nullity case?
No. Filing is not the same as winning. You generally need a final court decision and proper annotation/registration so your civil status is corrected before you remarry, because relying on “pending case” creates major legal risk.
Action: Ask your lawyer for the expected timeline to decision and the specific PSA/LCR annotation steps you must complete after finality.
3) What if my spouse refuses to cooperate or refuses to appear?
Many family cases proceed even when the other party is uncooperative, as long as service and procedural requirements are followed and you can prove your case through documents and witnesses. The bigger issue is usually delay and added cost—not impossibility. Note however that if your spouse decides to actively oppose the case by hiring a lawyer and having that lawyer appear in court, it might be wise to address your spouse’s concerns first and discuss with your lawyer prior to filing.
Action: Speak with your lawyer if you have a spouse that is actively opposed to the case and try to address your spouse’s concerns first.
4) What happens to property if the marriage is declared void?
Property outcomes depend on facts such as good faith, contributions, and the specific property regime applicable to a void marriage situation. Don’t assume “automatic 50/50” or “automatic forfeiture”—this is where early legal planning prevents expensive surprises.
Action: List all properties acquired, who paid, what documents exist (titles, receipts, loan records), and bring that inventory to your consultation.
5) What happens to my children if the marriage is void due to bigamy?
Children’s rights are too important for shortcuts. Even if a marriage is void, issues like support, custody, and a child’s status must be handled carefully based on the facts and the governing provisions. If a marriage is void children generally are illegitimate and inheritance rights are impacted. If a marriage is valid buy voidable, children remain legitimate.
Action: Gather your child’s PSA birth certificate, proof of support given/received, and any agreements (formal or informal) and discuss your concerns with a lawyer to determine the correct case or cases to file that still protect your children.
Hello po. What if the injured spouse is favoured and the second marriage is void but the other woman (mistress) already had a PSA certified copy of her marraige to the husband and uses it for claims as beneficiary, how can scenarios like this be avoided and protect the court rule in favour of the legal (first) wife.
Hello. Just to confirm:
1. Are you the first wife of you the late husband mentioned?
2. Did the court already rule that the second marriage is officially void?
3. Is the problem that the second ‘wife’ is still trying to claim benefits using her PSA marriage certificate despite marriage being void?
You can directly answer this question via email at admin@lawyerphilippines.org with your situation. This will allow us to review your case more clearly. Thank you
Hi, I have a friend whos parents married in 1985 and while the marriage is still existing, her father married another woman in 1986, just a year gap. Her mother and my friend does not know of the marriage. Her mother passed away recently and her father followed after a year. Since the marriage on the 2nd wife is bigamous, can the daughter file bigamy against the other woman now she knew that they got married. And what are the rights of the child of the other woman on her fathers property if the marriage of the 2nd is null and void.
Hello! your story is quite complex, and it requires an intensive legal discussion. In this case, I suggest you book a consultation with our senior lawyer for only PHP 2,500 per 30-minute. Alternatively, you can email us directly at admin@lawyerphilippines.org for more information. Thank you!
Good afternoon Atty. ask ko lang po was it considered as bigamy kapag aware Ang second wife regarding sa marriage ng foreigner husband Nya sa home country nito? And a Vawc case can be added once nananakit Ang foreigner husband and have evidences with past abuses he did can it still be considered sa court as evidence. And also by having another affair with sa kalahi ng spouse.
Hello! Based on your story, you may file separate cases for the crimes of bigamy and VAWC, as they involve different legal grounds and procedures. However, your situation is quite complex and requires legal assistance to determine the most appropriate course of action.
Setting up a consultation with our senior lawyer is easy. You may book online or in person for only PHP 2,500 per 30-minute session. Alternatively, you can email us directly at admin@lawyerphilippines.org.
Gud day, Atty, Tanong ko po kong ilang yrs ang process ng bigamous marriage? And how much it cost po.? Thank you
Hi!
The judicial process for nullity of marriage on the grounds of bigamous marriage varies depending on your situation. Typically, it takes 1.5 to 3 years or more, depending on the complexity of the case and court availability.
As for the cost, it also varies based on your specific circumstances. If you wish to know the estimated cost, you may email us directly at admin@lawyerphilippines.org or book an appointment online or in person for only PHP 2,500 per 30-minute session. Our senior lawyer will assess your situation during the consultation.
You can find our contact details in the Contact section of this website. Thank you!
Hi,
I was married in 2009, and that marriage was recently annulled in 2025. In 2023, I entered into a second marriage abroad. However, I did not report this marriage to the Philippine Embassy at the time, as I was still awaiting the court’s decision regarding the annulment of my first marriage.
Now that the declaration of nullity of my previous marriage has been finalized and is officially registered with the Philippine Statistics Authority (PSA), I would like to ask:
Am I now allowed to report my marriage abroad to the Philippine Embassy, even though it took place prior to the final decision of my annulment case?
Hello, you may report your second marriage to the Philippine Embassy. However, note that under Philippine law, the marriage will be considered void due to bigamy, since it was contracted prior to the finality of annulment of your first marriage. In this case, it is strongly recommended that you consult a lawyer to explore legal options. You may email us at admin@lawyerphilippines.org. Thank you!
Hello! I have been married with my ex for 12 years via Muslim rites until I filed for legal separation via the Ulama Council under multiple grounds. But that record was not forwarded into a sharia district for divorce due to monetary incapacity. Absolute divorce, costs 100k as per sharia lawyer. Afterwhich, a friend advised me to get a copy of my ex’s PSA form #5 (Advisory on Marriages) and there I found out that he was lying to me for 12 long years. He had been telling me that he did not register his first marriage with his first wife, of which he still lives with during the course of our marriage on a schedule basis, up until the writing of this comment they are still living together. Will the court favor me if I file for nullity of marriage under the civil court as it is bigamous? I appreciate your thoughts on this.
Hi, thank you for sharing your story. This is indeed a complex situation that requires a lawyer’s legal perspective. If you are interested, you may contact us at admin@lawyerphilippines.org.
Hi, if a man marries a second wife without her knowing he is already married, and he changes his name in order to marry her, but continues to live under the new name for years, with all his documents under the new name, which marriage is considered null and void?
Hi. Yes, the act done by the man can be a legal ground for nullity of marriage and carries criminal charges such as bigamy, falsification of documents, and uses of fictitious name. The second marriage will be considered as void from the beginning.
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.
What if the “2nd marriage” didn’t really happened but the woman managed to file and have it registered to then NSO?
What are the process the man should do in a situation like this? The man just found out that he has a marriage registered to NSO when he went to get cenomar.
If the 2nd marriage is already registered with the NSO database, then it is considered valid. Regardless of whether the marriage is voidable or void marriage, a petition to dissolve marriage is required, as it remains valid until annulled by a court.
What will be the process? If the husband and wife are legally married in the Philippines. The husband goes to the U.S. and marries another woman there, without being legally divorced from his first wife in the Philippines. So the wife, still in the Philippines, also marries another man and lives with him for 20 years and had a child.
Hello! thank you for sharing your story. We understand how complex and emotionally challenging this situation can be. To determine the most appropriate legal steps, we highly recommend booking a consultation with out senior lawyer. During your session, you will receive a clear guidance and personalized advice. It only cost PHP2,500 pesos and per 30-minute sessions. Alternatively, you may email us directly at admin@lawyerphilippines.org or call us. the contact details are on the website.
Hi,
Me and my husband (who just passed away) got married in 2016 and we have 2 minor kids. He was open that he had a first marriage but said that it was annulled. We got married by a judge and had our marriage registered with PSA. Now I am processing claims for benefits and pension. One claim asked for Authentification of Marriage under his name and this is where I found out that his annulment was not updated on their records (or that it had not been finalized). I am not sure now if the annulment was finalized or not but I am told that I can not get the document I need to move forward with the claim. For the pension, I am told that the first wife is what appears on their records and they need to get her address and investigate her for reasons of proper allocation of funds.
My questions
1. In one of your answers death dissolves a marriage, Is it correct then that no case can be filed against me?
2. If the annulment was filed but was not finalized, could getting the finality be possible? If yes, can the documents (PSA) be updated and I am able to get the proper documents to file for a claim
3. Will the kids (all legal age) from the first marriage be able to claim for pension?
Hi,
1. No criminal case for Bigamy can be filed now.
Criminal liability is personal; once the husband passed away, any potential criminal charge of Bigamy against him was extinguished. Furthermore, for the second wife to be liable as an accomplice to bigamy, the prosecution would have to prove she knew the first marriage was still subsisting at the time of her wedding.
However, the civil effects remain. If the first marriage was never legally dissolved, the second marriage is considered void ab initio (void from the beginning) due to being bigamous. While she won’t go to jail, she may not be recognized as the “legal surviving spouse” for pension purposes.
2. If the annulment was filed but not finalized, can it be finished now?
Generally, no. A court case for Annulment or Declaration of Nullity of Marriage is a personal action. If the petitioner (the husband) dies before the court issues a Decree of Annulment and a Certificate of Finality, the case is usually dismissed. You cannot “finalize” an annulment for a deceased person because death has already dissolved the marriage bond.
The PSA Problem: If the PSA records do not show an annotation of annulment, the first marriage is legally presumed to have existed until his death.
The Result: The first wife remains the “legal widow” in the eyes of the law and government agencies (SSS/GSIS), unless the first wife herself had a separate legal disqualification (like a subsequent valid marriage of her own).
3. Can the children from the first marriage claim the pension?
Yes, but as “Dependent Children,” not as the primary beneficiary.
Under the law (specifically for SSS and GSIS), children are considered primary beneficiaries if they are:
Legitimate, legitimated, or legally adopted.
Below 21 years old (or over 21 but incapacitated).
Unmarried and not gainfully employed.
Hi. My girlfriend is married on paper in the Philipines, but both persons (filipino) lives in my country.. they have not lived together for years and she has files for separation in my country because of her husband cheating with many other women. Can she file for annullment based on him cheating over multiple years, with multiple women?
Hi,
Although cheating is not considered a ground for nullity of marriage in the Philippines, it can constitute psychological incapacity. Psych. incapacity is a ground for annulment in the Philippines.
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 cousin and her husband was married in Catholic. They had children and her husband abandoned them. He also didn’t give financial support to his children. Her husband converted in Islam and married another woman. Is it possible to sue him?
Yes, you can sue him. Philippine jurisprudence states that a party to a civil marriage who converts to Islam and contracts another marriage, despite the first marriage still existing, is guilty of bigamy.
GOOD DAY!
I am a married before in the Philippines then I filed the annulment 2012 in my annulment on process then I remarried 2013 in Korea. And year 2015 the decision is DECLARATION PRESUMTIVE DEATH because my ex-husband never show up.my question my foreign husband now he used that to me now he said I filed the annulment. ground BIGAMY? it’s that right? and my foreign husband now i found it his cheating on me he already has a son to his girlfriend now can I file a case? please help me.
.i need an advice thank you.
Under the law, a declaration of presumptive death allows the spouse to remarry validly. However, your remarriage in Korea in 2013 happened before the presumptive death declaration in 2015. Technically, that marriage was premature and could be considered bigamous at that time. In This type of case, it is wise to consult a family lawyer to help you assess your situation.
How much if i am going to file a case to my husband a bigamy? Thank you
Th cost for filing of bigamy case varies depending on the complexity of the case, the venue where to file, necessary documents required and among other. In this case, I suggest you have a consultation with our senior lawyer. He will guide you through out the process of the case and the requirements needed. You may book a consultation for only PHP 2,500 per 30-minute session. Thank you!
Kailangan pa po bang dumaan din po sa court ‘yung nullity of marriage ng “second marriage” po para po ma-void na po ung kasal?
Yes. all marriages are considered valid unless there is a judicial declaration. even if the marriage is void from the beginning, it is not automatically recognized as void by government agencies. Only the court has the authority to issue a decision declaring that the marriage has no legal effect.
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.
hello so I am 32 years old now.my mom and father got married even before my older brother was born.After like a year my father decided to neglect us.We found out that our father got married with other woman around 1998.that time there was no cenomar needed in order to get married.Im just wondering if my parents marriage was invalid.
To know whether or not the marriage of your parents is valid, we must inspect the facts. We need to know which marriage came first, the marriage of your father and mother or the marriage of your father with the other woman you discovered? If the marriage of your parents comes first, then the marriage of your father with the second woman will be void due to being bigamous. Or vice versa. Please also note that this legal information is only based on the limited facts that you have provided. With more details, everything may change.
I was married in 1987 for almost 20 years, both of us in good faith believing that we were married legally without any legal impediment. My husband contracted a second marriage in January 1988 while we were still married. I was under the impression that our marriage being the first, the second marriage is bigamous and null and void so we continued to live as husband and wife. Due to infidelity and endless womanizing, I decided to file an annulment due to psychological incapacity to perform the role of marriage but in the process of gathering evidence, I discovered that our marriage license was not registered in the province where it was stated to have been procured by someone in Manila City Hall. So, to expedite the process, I used the invalidity of marraige license as ground for declaration of nullify. Our marriage was annulled in 2006. Now, as my ex husband passed away in 2024, we are in the process of doing the death claim which my daughter is authorized to process. One of the agencies said that the surviving spouse is the second wife because the first marraige has already been annulled. I contended that at the time of the second marriage in 1987, the first marriage is still considered valid until it was annulled in 2006 which makes the second marriage bigamous and void from the very beginning. Legally, the husband died single. Please advise as to the legality of their contention that the second marriage is the one valid based in the facts I stated here.
Hello, this situation of your is quite complex to address. I suggest you talk with our senior lawyer Atty. Britanico, who can guide and assist you with legal basis and facts. You may book a consultation with him, either online or in-person for only PHP 2,500 per 30-minute session. Alternatively, you may message us directly at admin@lawyerphilippines.org. Thank you!
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.
Hi I am married with my first husband a Filipino 2008 and we ended with no communication.he got married and me I. Got married to the other Filipino last 2012.andmy husband whichi marry 2012. Is now dead.isthere any way I can make my status single?
You need to file for annulment of your 2008 marriage.
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’m English and married a Filipina in Santa Elena, camarines Norte in 2017.
I don’t and have never lived in the Philippines.
I later found out after requesting an official cenomar from the PSA, that she was still married to her previous Filipino husband.
The documents for marriage were presumably forged.
How do I go about annulment as I don’t live in the Philippines.
Many thanks
Hi. Even if you are not residing in the country, you can still file a petition for declaration of nullity of marriage, as long as the marriage was celebrated in the Philippines. If you wish to pursue this action, you may consult with our senior lawyer. We have successfully handled cases of nullity of marriage. You may book a consultation for only PHP 2,500 per 30-minute session, either online or in person. Contact details can be found in the website’s contact section. Thank you!
Hi, I was married for 20 years, and we sepearated for 8 years now, I have already have new family and I want to file for annulment but my legal wife would not agree to it. and As I know she is already married in other country?. Can I asked if what legal action can I take just to dissolved my 1st marriage?
The only way to dissolve your marriage is through annulment, which require a court petition. If your worried that your wife does not agree, her disagreement is not required for you to file. Her refusal will not block the case. Since you are legally married here in the Philippines, you just established clear legal grounds. About her marriage abroad may be considered bigamy and not be a suitable ground for annulment. In that case, you may need a family lawyer to assess which grounds applies best in your case.
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 what to do when my mother didnt know that her spouse now was marriend before. She just saw it on her AOM. can she do something about it? she wants to remove her spouse now to her AOM. is it considered invalid?
Under the Family Code of the Philippines, a marriage contracted by a person who has a prior and subsisting valid marriage is considered void from the beginning (void ab initio) under Article 35(4), meaning the law treats the union as if it never existed. While the marriage is technically invalid, it cannot be “removed” from the Advisory on Marriages (AOM) through a simple administrative request; instead, the PSA record can only be corrected or annotated through a Judicial Declaration of Absolute Nullity of Marriage. Once a court officially rules that the marriage is bigamous and the decision becomes final, the court decree must be registered with the Local Civil Registrar and the PSA to annotate the marriage record, effectively clearing your mother’s status for legal purposes. It is important to emphasize that this information is based strictly on the limited facts provided, as the specific legal strategy may change if the first marriage was actually dissolved before the second one took place or if there are issues regarding the identity of the persons named in the records.
hi! I already filed a case bigamy for he did married twice I am the 2nd wife but it is taking too long for the judge for the decision.. how many months does it need to be processe? our last hearing was January 2023 till now I am still waiting for the decision of the judge
There is no fixed number of months, it often takes years before a final decision is issued. This delay can happen due to court congestion, judge’s workload, pending motions filed by the other party.
My brother married to a wife but his marriage last only for two years his first wife died at 10 years he married again without cancelling the marriage certificate the second wife died also in the same year still valid and is he entitled to be a survivor spouse
Yes, he is entitled to be a surviving spouse of the second wife. If the first spouse had already died before the second marriage, then the second marriage is valid, even if the first marriage certificate was not “cancelled”. THe priciple behind this is that the death itself terminates the marriage, therefore there is no legal requirement to cancel the marriage certificate.
how much will it cost for me to nullify my marriage since I found out that my husband was married way back year 1997 and we got married 2004.
The cost of nullifying a marriage is not fixed. It depends on many factors, like the location of the court, the addresses of the parties, and whether or not there are other attached concerns like child support/custody concerns or property settlement issues.
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.
Hello to everyone who assisting this all comments, Yes i have problem also, i am a Filipina and married to a Foreigner year 1998 until now year 2025. But this Foreigner is Married a Filipina also in US for 5 years and then they Devorce year 12-2-97. Ang we married 08-14-98 in Civil Wedding And we married again in Church Wedding 10-4-98. And now my husband returned back to his Ex Wife that he Devorce here in Philippines? Question po, Did the Devorce is Void here in Philippines?
i what to know if , still my husband and her Ex Wife, still what we called Husband and wife here in Philippines? thank you
If the first marriage of your husband wise was not recognized in the Philippines after the divorce, then, the civil status of them is still legally married. Even if the divorce was granted abroad, it is not automatically valid in the Philippines. It must go through a judicial recognition process in a Philippine court.
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.
Hi I just want to ask on how and what I’m going to do because mi ex partner or wfe was married first before me and it was registered and shows on cenomar how can I and what steps I’m going to do to void my marriage to her Thanks
Your marriage is considered void from the start. A person cannot contract a valid marriage if a prior marriage still exists, that is bigamy. The proper step is to file a petition for declaration of nullity of marriage. Consult a Family lawyer to help you prepare and file the petition where you reside or where the marriage was registered. The court will then review the evidences. Inf granted, the marriage will be declared void. The court will then issue an order o the LCR and PSA to annotate your marriage certificate, restoring your legal status as single.
Hi Atty can i file nullity of my 2nd marriage without my spouse filling bigamy case against me? We did not live in one roof because it was only fixed by family. My 2nd spouse also knew my 1st marriage eversince. Thank you in advance Atty.
Hello. Yes, you may. However, this is a complex situation and requires legal basis and careful consideration. For your convenience, we can book you a consultation with our senior lawyer, Atty. Britanico, who will assist you with your case. The fee is only PHP 2,500 pesos per 30-minute session. We will be sending you an email with the details. Thank you!
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.
Hi.. my sister had 2 marriages. Her 2nd husband died 6 yrs ago. Her CENOMAR shows 2 marriages, how can she null and void her marriage to her 2nd husband when he has passed away?
She cannot no longer need to annul the second marriage since her husband already died. This can be done through administrative process. However, your situation is quite complex since you have mentioned that she had 2 marriages. It is wise to consult a lawyer that will help you assess and evaluate your situation.
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.
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.
Hi. What needs to be done on this case since the first husband died shortly after marrying the american? I have same case and having issues filing for american citizenship because of this. Thank you for your answer.
Your situation is currently unclear. To help us better understand and assist you, please provide more details by sending an email to admin@lawyerphilippines.org or by scheduling a direct consultation. Our consultation fee is only 2,500 pesos for every 30 minutes. Our lawyers are ready to assist you with your case.
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.