Is Bigamy ground for Annulment?
Bigamy is also a serious crime!
If your spouse was already married when he married you, then you are in a bigamous marriage.
A bigamous marriage is void.
A bigamous marriage can be ended by going to court and presenting proof that your spouse was already married at the time of your marriage.
Below, I explain what a bigamous marriage is, describe the steps to end it, and answer some commonly asked questions.
What is bigamy?
“Bigamy is two rites that make a wrong.” – Jacob Bruade
Bigamy is entering into a marriage with one person while still legally married to another.[1]
The Revised Penal Code of the Philippines[2] considers Bigamy a crime.
The Family Code of the Philippines[3] states that bigamous marriages are void from the beginning.
A Bigamous marriage is void ab initio
Additionally, the Supreme Court declared in Niñal vs. Bayadog [4] that our civil laws, past or present, absolutely prohibited the concurrence of multiple marriages by the same person during the same period. Any marriage subsequently contracted during the lifetime of the first spouse shall be illegal and void.
However, you must still go to court to legally end a bigamous marriage even through the marriage is void.
Only courts have the power to declare a marriage void.
In this article, I focus on how to end such a marriage. I do not discuss criminal cases for bigamy here as this is a separate and involved topic.
How can you check if you are in a bigamous marriage?
Get your partner’s CENOMAR to check his marital status.
If you want to confirm whether or not you are in a bigamous marriage, you should obtain your spouse’s Certificate of No Marriage (CENOMAR) from the Philippine Statistics Authority (PSA).
The CENOMAR is a certification stating that a person has not contracted any marriage. It is also called a certificate of No Record of Marriage or Certificate of Singleness.[5]
The CENOMAR lists all the marriages under the name of a person.
From there, you can now countercheck whether or not he was already married at the time of your marriage.
You can order a CENOMAR in person or online and have it delivered to you.
Online requesting of PSA documents is recommended in this time of pandemic.
Personal application
- Go to the nearest PSA office.
- Bring two (2) ID’s and money for the fees.
- Fill up the form and include the information of the person you are checking.
- Wait a day or two and pick up the form.
- Note that only the court, spouse, children, parents or guardian can obtain the CENOMAR. This widens to the nearest kin if deceased.[6]
Online Application
- Go to the PSA website.
- Fill up the online application.
- Note that you will only be able to receive the delivery if you are the spouse, child, parent or guardian of the person involved. An SPA can also grant you authority to obtain the document.
- This takes about a week and currently costs ?330.00
Who can file for Annulment based on Bigamy?
The innocent spouse can file anullment based on bigamy
If your spouse’s CENOMAR shows he was already married at the time of your marriage, then your marriage is void.
You may file for annulment based on bigamy if you are either the husband or the wife. You can file anytime during your lifetime.
You may also file if you are an heir and the parties are deceased.
Where can you file an Annulment case?
Filing an annulment case will cost you some resources so make sure you have everything right before the big day.
You must file an annulment case in the Family Court of the province or city where you or your spouse have resided at least six months prior to the date of filing. [7]
If your spouse is not a resident of the Philippines, the case can be filed in the Philippine city or municipality your spouse may be found.
It is best to comply with the laws on where to file your case.
If you file in a city you do not reside in, the court may require you to refile your case. This costs you additional time and money.
What is the process of filing for Annulment?
Filing an annulment case is a serious business.
First, you’ll need to work with your lawyer to create your petition.
He will need some general information and a narration as to why the marriage failed. He will need proof and documentation. In addition, he may want to attach your psychological assessment and facts from your witnesses. All this will go into the petition, which is why it often takes time to prepare.
After the petition is complete your lawyer will file it in court.
Then, he will comply with the other legal requirements so that the case can proceed to trial.
Trial includes your testimony, the psychologist’s testimony and those of your witnesses.
The court then deliberates on the case and releases a decision.
What are the effects of filing an Annulment based on Bigamy?
There are a few effects to filing a case based on annulment:
- Legal end of marriage
- Property division
- Children’s custody and status
Let’s discuss this one by one.
Legal End of Marriage
Annulment makes a person regain his/her single status as if he/she has not been married.
A successful annulment means that your marriage has legally ended.
The practical effects to this are:
- You may use your maiden name on all documents, including your passport.
- Your civil status is single, which may be needed for fiance visa purposes and remarriage.
- Your husband will no longer have any spousal rights with regards to you.
Many people believe if the marriage was bigamous there is an automatic end to the marriage.
They say they no longer need to go to court.
This is incorrect.
Only the court can legally end the marriage.
Without court, you will remain married.
Property Division
Only the court can decide how the property will be disposed
Annulment means that your spouse no longer has a right to your property.
Furthermore, if your annulment was due to bigamy, there is a distinction between innocent and guilty parties.
If the court declares one party guilty, his share will be given to his children.
If there are no children of that marriage, his share will be given to his children of the previous marriage.
If there are no children of the previous marriage, his share will be given to the innocent spouse of the previous marriage. [ Art 143, Family Code]
Otherwise, your conjugal property will be divided between you.
The conjugal property has to be divided no matter what the reasons are.
Property rights are a major reason many go through Annulment.
A successful annulment means that your spouse has no share in any property you have. It also means that he cannot inherit from you. More practically, he no longer needs to co-sign for any mortgages or bank loans for property and his name no longer appears on the title.
Some people say that their spouse should no longer have any say in their property since they have already been separated for many years, because the marriage was void, because they didn’t contribute any money to buying the propert, or some other reason or another.
No reasons are valid.
If you are legally married, your spouse has a share in your property.
Children’s Custody and Status
The court decides on the best interest of the children
When a marriage is ended based on bigamy, it has the following effects on children:
- Children become illegitimate [GR 105619, Dec 1995]
- Children’s custody and support are ironed out by the court.
Many don’t understand the legal impact of a child being legitimate or illegitimate.
Among the most important are inheritance rights. A legitimate child will receive a larger inheritance than an illegitimate child in most situations.
Another issue that annulment tackles is the custody and support of the children.
The court decides who the children live with in case you and your spouse cannot come to an agreement.
The court decides in the best interest of the child, taking into account all considerations. [G.R. 115640, Mar 1995] It also define visitation rights for the parent without custody. [Art 43, Family Code of the Philippines]
What do you do after the Court Decision?
Registration of the court decree in the Civil Registry System and Local Civil Registry is also a bureaucratic requirement.
What you do after the court decision depends on what the court decision is.
- File the Court Order with the PSA if the Courts grants the annulment.
- Refile if the case was dismissed. However, not that you cannot refile if the case was denied on its merits.
Let me explain a little bit.
Say that your annulment has been granted.
The information must be reported to the PSA for them to make the necessary changes.
For the PSA to do this, the court decision must be registered with the PSA. Otherwise, it will not take effect and a subsequent marriage would still be void. [Art 52 & Art 53, Family Code of the Philippines]
Registering with the PSA is a detailed and confusing process. However, it can be done on your own with sufficient time and effort.
Now – what do you do when your case is denied?
In some situations, the case can be refiled or appealed.
However, it cannot be refiled when a case is denied on its merits.
When a case is denied on its merits, the court has decided that the grounds are insufficient and the petition has no value.
In such a situation, the annulment is not granted and you remain married.
Why are Annulments denied?
Around 6% of annulments are denied because the case fails to prove the claims of the petition.
It could be that the proof presented is weak.
It could also be that the case was incompletely laid out. Perhaps the petition missed a crucial argument [G.R. No. 141528, Oct 31, 2006] or that it contradicted a later allegation. It could mean insufficient proof was given.
In some situations, there are factors beyond anyone’s control. This may be as extremely high standards of evidence by the court.
Remember –
If your case was denied on its merits, then it cannot be refiled again.
Summary
Pick a trusted lawyer that can help you through your annulment case.
If you married someone already married, you must still go to court to end the marriage and marry again.
It may take 2-3 years for an annulment based on the grounds of bigamy if it is uncontested and proof is sufficient.
An annulment based on bigamy means that:
- Your children will be illegitimate
- The Court will help determine custody and support of the children
- The Court will separate your properties so that your spouse no longer has any claim to your property.
- You can remarry and use your maiden name in all documents, including your passport.
Be careful when you go through the annulment process.
Stay away from fixers promising “quickie” annulments.
An annulment can be invalidated, dismissed or denied when shortcuts are taken.
Much of the work will be done by your lawyer so it is important to pick someone dependable.
Atty. Francesco C. Britanico
[1] Merriam-Webster website. Retrieved from https://www.merriam-webster.com/dictionary/bigamy.
[2] Article 349.
[3] Article 35.
[4] G.R. No. 133778, 14 March 2000.
[5] Philippine Statistics Authority Website. Retrieved from https://psa.gov.ph/civilregistration/requesting-civil-registry-document/cenomar.
[6] PSA Office Memorandum No. 2017-050.
[7] A.M. No. 02-11-10-SC, Sec. 4
What will show in CENOMAR after a bigamous marriage has been annulled and registered in PSA? Is the bigamous marriage still appear in CENOMAR?
There will be a notation that a court has declared that marriage null and void.
after the court declare end of marriage due to bigamy, what will happen to the bigamous party?
This depends on the facts of the specific case. The bigamous party might be open to prosecution if the facts support it.
Is a Psyvhological Assessment really necessary in filing a case of Annulment of Marriage based on Bigamy? Thank you
No, but it would be useful to have if psychological incapacity is also alleged as a ground.
How long to annul bigamous marriage in the Philippines. I’m the offended party and we dont live together and we don’t have child.
It may take about 2 years from the time of filing the case. We would need to see the documentation and know more about the specific facts to say. We will send you an email.
My 1st marriage is annulled on 2012 but my 2nd marriage was in 2009. Can I file for Declaration of Nullity of Marriage on my 2nd marriage even if I am the one in the bigamous relationship? Will I get all my properties as my 2nd wife did not work?
Your share of the conjugal properties may be forfeited in favor of the children if you are the guilty party for the bigamy.
My ex-wife has a previous marriage that was not annulled before our marriage. If i file a case for Declaration of Nullity of Void Marriage, do i still need to consult a psychiatrist for Evaluation? Does the court still require it?
A psychiatrist and a psychological report are not requirements if the ground for nullity is an existing previous marriage.
Can I file a bigamy case against my ex husband who married another woman. We were married twice. The fist marriage was Feb 1978 and it didn’t work out and got separated. 1988 we tried again and got married again for the second time. Still it doesn’t work..since 1989 wed separated and live our own life. Then I learned.thatbhe got married again. I am asking for divorced so I can officially use my status as single. Can I used the bigamy case to file an annulment?
It can be used as evidence of psychological incapacity, but it is not in itself a ground for annulment.
In a bigamous marriage, in addition to obtaining a CENOMAR and birth certificates of children showing that parents are “not married”, what additional proof can be presented at court to make for a stronger case?
Testimony and documents/photographs showing the relationships.
We can speak to specific facts if you contact us through our form on https://lawyerphilippines.org
Im separated for about 2 decades because my ex husband is a bigamist. We have 2 daughters age 31 & 33. My ex falsified our marriage contract. He falsified his name different from his name in his legal IDs. Even the birth certificates of our eldest daughter he falsified his name, he used two different names, one fake name in our marriage and another fake name in my eldest birth certificates. But he used his real name in our youngest daughter’s birth certificate. I got hold a copy of his first marriage it is in his real name. I have in my position all the documents: his first marriage contract & ours, birth certificates of my daughters and copies of my ex husband’s 3 government IDs. If I file to nullify my bigamous marriage how long would it takes ?
This will require a court case where the evidence of the bigamy has to be presented. How long it will take will depend in part on which court the case must be filed at because some courts are more overburdened than others.
We will need more information to say. We will be happy to address your specific situation if you fill out our form for this on https://lawyerphilippines.org
My girlfriend has been separated from her husband for more than five years due to infidelity on the part of the husband. Also, she believes he may not have gotten an annulment from his first wife before he married her. I live in the USA and she lives in Manila. We want to get married. We know that annulments in the Philippines are lengthy and costly. What is our best option to bring her to the USA so we can be married?
We cannot speak for US immigration laws and policies.
We would suggest that an inquiry into the husband’s marital history be made as soon as possible to confirm whether or not this was a bigamous marriage. As his wife, she can obtain his Advisory of Marriage record from the Philippine Statistics Authority.
Hi. My US citizen husband is now married in tbe US. What options do I have to legally end our marriage? He was first married to me in 3007 and remarried to another woman in 2016
If he divorced you while a US citizen, then that divorce can be recognized in the Philippines.
See our article on this at: https://lawyerphilippines.org/2017/04/11/recognition-of-foreign-divorce-in-the-philippines-process/
We will need to know more about your specific situation to be able to say more. You can fill out our form for this on https://lawyerphilippines.org and we will respond there.
What is the best case to file with my wife having a kid to other man? And that case is enough to file an annulment? Any grounds can I used for annulment?
We would need to know more about the facts of the case. We will be happy to respond to specifics through the form on https://lawyerphilippines.org/
Can the spuse who married twice will filed an annulment. Or go to the court for nulity and void of marriage?
A marriage may be annulled for bigamy. This is certainly a ground for annulment so that can be used in court with the corresponding proof.
My 1st marriage is annulled on 2012 but my 2nd marriage was in 2009. Can I file for Declaration of Nullity of Marriage on my 2nd marriage even if I am the one in the bigamous relationship? Will I get all my properties as my 2nd wife did not work?
Note that case law on whether you could be criminally liable for bigamy swings from one view to another.