The Supreme Court has affirmed that a person can be convicted of bigamy even if their second marriage is later declared void. This decision underscores that the crime of bigamy is committed when the second marriage is contracted while the first marriage is still valid. The subsequent nullification of the second marriage does not erase the criminal liability incurred at the time of the unlawful union, reinforcing the sanctity of marriage and the legal obligations it entails. This ruling clarifies that individuals who enter into a second marriage without legally dissolving the first do so at their own peril, facing potential criminal charges regardless of later civil court actions.

Second Vows, First Wife: Can a Nullified Marriage Erase Bigamy?

The case of James Walter P. Capili v. People of the Philippines and Shirley Tismo-Capili, G.R. No. 183805, decided on July 3, 2013, revolves around the question of whether a subsequent declaration of nullity of a second marriage can serve as a ground for dismissing a criminal case for bigamy. James Walter P. Capili was charged with bigamy for contracting a second marriage with Shirley G. Tismo while still legally married to Karla Y. Medina-Capili. The Regional Trial Court (RTC) initially dismissed the case based on the RTC of Antipolo City’s declaration of nullity of the second marriage. However, the Court of Appeals (CA) reversed this decision, leading to the Supreme Court review.

Article 349 of the Revised Penal Code defines and penalizes bigamy, stating:

Art. 349. Bigamy. – The penalty of prision mayor shall be imposed upon any person who shall contract a second or subsequent marriage before the former marriage has been legally dissolved, or before the absent spouse has been declared presumptively dead by means of a judgment rendered in the proper proceedings.

The elements of bigamy are: (1) the offender is legally married; (2) the first marriage is not legally dissolved or the absent spouse is not declared presumptively dead; (3) the offender contracts a second marriage; and (4) the second marriage has all the essential requisites for validity. In Capili’s case, all these elements were present when the information was filed. Capili entered into a second marriage with Tismo while his first marriage with Medina-Capili was still subsisting.

The Supreme Court emphasized that the crime of bigamy is consummated upon the celebration of the second marriage without the first marriage having been legally dissolved. The Court cited Jarillo v. People, where it held:

The subsequent judicial declaration of the nullity of the first marriage was immaterial because prior to the declaration of nullity, the crime had already been consummated. Moreover, petitioner’s assertion would only delay the prosecution of bigamy cases considering that an accused could simply file a petition to declare his previous marriage void and invoke the pendency of that action as a prejudicial question in the criminal case. We cannot allow that.

The outcome of the civil case for annulment of petitioner’s marriage to [private complainant] had no bearing upon the determination of petitioner’s innocence or guilt in the criminal case for bigamy, because all that is required for the charge of bigamy to prosper is that the first marriage be subsisting at the time the second marriage is contracted.

The Court reinforced that a marriage, even if void or voidable, is deemed valid until a judicial proceeding declares otherwise. Therefore, contracting a second marriage before the judicial declaration of nullity of the first carries the risk of prosecution for bigamy. The finality of the judicial declaration of nullity of the second marriage does not negate the already committed crime. As such, the Court found no reason to deviate from established jurisprudence and upheld the Court of Appeals’ decision.

FAQs

What is bigamy?	Bigamy is the act of contracting a second marriage while a previous marriage is still legally valid. It is a crime under Article 349 of the Revised Penal Code, punishable by imprisonment.
What are the elements of bigamy?	The elements are: a legally valid first marriage, the absence of its legal dissolution or presumptive death declaration of the absent spouse, contracting a second marriage, and the second marriage having all the essential requisites for validity.
Does a subsequent declaration of nullity of the second marriage affect a bigamy charge?	No, the Supreme Court has consistently ruled that a subsequent declaration of nullity of the second marriage does not negate the crime of bigamy if the second marriage was contracted while the first marriage was still valid.
Why doesn’t the nullity of the second marriage erase the crime?	The crime of bigamy is consummated at the time the second marriage is contracted. The subsequent nullity does not retroactively erase the fact that the accused entered into a second marriage while the first was still subsisting.
Can a person avoid a bigamy charge by immediately filing for annulment of the first marriage?	No, filing for annulment does not automatically prevent a bigamy charge. The crime is assessed based on the marital status at the time the second marriage was contracted.
What was the ruling in Jarillo v. People?	Jarillo v. People affirmed that the crime of bigamy is consummated upon the celebration of the subsequent marriage without the previous one having been judicially declared null and void.
What is the significance of the Capili case?	The Capili case reinforces the principle that individuals cannot unilaterally decide the validity of their marriages and must seek a judicial declaration of nullity before entering into another marriage to avoid criminal liability for bigamy.
What is the penalty for bigamy under Philippine law?	Under Article 349 of the Revised Penal Code, the penalty for bigamy is prision mayor, which is imprisonment ranging from six years and one day to twelve years.

In conclusion, the Supreme Court’s decision in the Capili case reaffirms the importance of adhering to the legal requirements for marriage and its dissolution. It serves as a reminder that individuals must ensure the legal termination of their first marriage before entering into another, lest they face criminal prosecution for bigamy.

For inquiries regarding the application of this ruling to specific circumstances, please contact ASG Law through contact or via email at frontdesk@asglawpartners.com.

Disclaimer: This analysis is provided for informational purposes only and does not constitute legal advice. For specific legal guidance tailored to your situation, please consult with a qualified attorney.
Source: JAMES WALTER P. CAPILI, PETITIONER, VS. PEOPLE OF THE PHILIPPINES AND SHIRLEY TISMO-CAPILI, RESPONDENTS., G.R. No. 183805, July 3, 2013