Bigamy Ground for Annulment: What You Need to Know

 “Marriage is not just a contract-it is a sacred institution. But what happens when that institution is violated by deceit?”

Bigamy is a serious legal issue in the Philippines, and understanding how it serves as a ground for annulment can be life-changing for those caught in its web. If you suspect that your marriage is bigamous, you’re not alone-and you have actionable legal remedies at your disposal.

Understanding Bigamy as a Ground for Annulment

Bigamy occurs when a person marries someone while still legally married to another. In the Philippines, this is not just a breach of trust; it’s a violation of both civil and criminal law. The law is clear: a bigamous marriage is void from the very beginning. That means, legally speaking, it’s as if the marriage never happened1026.

What Makes a Marriage Bigamous?

  • One spouse is still legally married to someone else at the time of the second marriage.

  • The previous marriage has not been legally dissolved or annulled.

  • The existence of the first, valid marriage precludes any subsequent valid marriage2610.

Bigamy can lead to criminal prosecution under the Revised Penal Code and, at the same time, serves as a ground for annulment or, more precisely, a declaration of nullity of the second marriage102.

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Steps to File for Annulment on the Ground of Bigamy

Let’s break down the process for those seeking to end a bigamous marriage:

1. Gather Evidence

You must prove two things:

  • The existence of the prior, valid marriage.

  • That the second marriage took place while the first was still legally binding610.

2. Consult a Family Lawyer

Legal expertise is crucial. A lawyer will help you prepare your petition and ensure all documentation is in order510.

3. File a Petition for Declaration of Nullity

In the Philippines, the correct legal action is typically a Petition for Declaration of Absolute Nullity of Marriage, not a standard annulment. This is because a bigamous marriage is void from the outset (“void ab initio”)710.

4. Court Proceedings

The court will review your evidence, hear both sides, and issue a decision. If the evidence is sufficient, the second marriage will be declared void610.

5. After the Court Decision

Once the marriage is declared void, update your civil status with the Philippine Statistics Authority (PSA) and other relevant agencies10.

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Who Can File for Annulment Based on Bigamy?

Only the aggrieved or innocent spouse-meaning the one who did not knowingly enter into a bigamous marriage-has the legal standing to file for annulment or nullity on the ground of bigamy. The spouse who knowingly entered the bigamous union cannot seek to void the marriage93.

Effects of Annulment on the Ground of Bigamy

  • The second marriage is considered void from the beginning.

  • Any rights or claims arising from the bigamous marriage hold no legal weight.

  • The first marriage remains valid unless separately annulled or dissolved267.

Why Are Annulments Denied?

Annulments can be denied if:

  • The petitioner lacks legal standing (for example, if they knowingly entered the bigamous marriage).

  • Insufficient evidence is presented to prove the first marriage was valid and subsisted at the time of the second910.

Frequently Asked Questions

Is bigamy a criminal offense as well?

Yes, bigamy is both a criminal and civil offense in the Philippines. You can file a criminal case for bigamy even as you pursue annulment101.

Does the annulment affect the first marriage?

No. The annulment (or nullity) of the second, bigamous marriage does not affect the validity of the first marriage. The first marriage remains binding unless annulled or dissolved for other reasons6.

Other Grounds for Annulment in the Philippines

While bigamy is a prominent ground, there are several other grounds for annulment in the Philippines, including lack of consent, psychological incapacity, and fraud5.

Conclusion

Bigamy ground for annulment is a powerful legal remedy for those trapped in an invalid marriage. If you believe your marriage is bigamous, act swiftly: consult a family lawyer, gather your evidence, and pursue your right to have your marriage declared void. Protect your legal status and peace of mind-know your rights and take the necessary steps today. For more in-depth information, visit bigamy ground for annulment.

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