Can I be held liable for Bigamy? This is one of the most common questions that has been filling up our inbox for quite sometime now. One of the emails that we received partly reads:
“I got married twice in the Philippines in 1990 and second in 1996, only that the second marriage was not registered intentionally. I took all the records of our marriage including the marriage contract from our minister but did not report it to the local civil registrar’s office. Me and my second wife went abroad and married here again in the U.S. There is no record of my second marriage in the local civil registrar or in the NSO. We are living in the United States until now.I am planning to take a vacation in the Philippines but worried that my first wife will file a bigamy case against me?Can I be held liable for bigamy? Please help.”
Bigamy is an illegal marriage committed by contracting a second or subsequent marriage before the first 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. Simply saying, you cannot get married to another for the second time without legally terminating your first marriage. Of course, you can be held criminally liable for bigamy for having contracted a second marriage while your first marriage is still existing. The failure to record the second marriage in the local civil registrar is of no moment here because the second marriage can also be proven by the testimonies of persons who have personal knowledge of your second marriage. It can also be proven by the introduction of other evidence like photographs or videos other than the records in the local civil registrar or the National Statistics Office.
I remember we had a client who was accused for the crime of bigamy at the Regional Trial Court in Muntinlupa City. His first marriage was celebrated in Muntinlupa City and the second marriage was celebrated in Australia . The second marriage was also reported in the Philippine Embassy in Australia and subsequnetly, it was recorded in the NSO. The first wife filed a bigamy case upon knowledge of the second marriage and my client was immediately arrested at the NAIA upon his arrival. Right before arraignment, we filed a Motion to Quash the Information for Bigamy on the ground that the court has no jurisdiction over the subject matter of the offense. The second marriage was contracted outside the Philippine territory and the case does not fall under any of the exceptions enumerated in Article 2 of the Revised Penal Code. The RTC in Muntinlupa sustained our Motion and dismissed the case.
95% of the email inquiries that we received of this nature are coming from Overseas Filipino Workers. In my travels abroad, I have also observed that many OFWs are staying as live-in partners. Some of those who are cohabiting as OFWs are married and have families in the Philippines. Being away from their families and loved ones, and pressure of work in a foreign land also contribute to their distress. Sadly, due to growing migration brought about by the lack of employment opportunities locally, the number of broken Filipino families is on the rise.
CHILD SUPPORT
I would like to ask your advice regarding my situation right now. I am OFW here in Kuwait, I have a son he lives in his mother in Davao, Philippines, shall we call her “ex GF” we live together for 4 years and we decided to split up due to mis understanding, we are not married. After 1 year of splitting up, in 2005 I went here in Kuwait to work, I sent financial support for my son every month I kept all the remittance receipt with me. Last year 2008 one of my friend in Davao told me that my ex GF is pregnant. To make the story short she was dating with other guy and she got pregnant and thereafter she delivers a baby girl. Upon learning this I still continued sending financial support to my son, although I’m pretty sure its not 100% that the money goes to the benefit of my son of course it will compromise to the other child. I really don’t care if she will get married since we already split up it’s not my concern anymore. So basically she has 2 kids to raise up. Last April of 2009 we had a chat and we talked about the school expenses of our son he will be in grade 1. She proposed that our son will be enrolled in their province under her mother’s care. Which is I willingly agreed because I trusted her mother more than I trust my ex GF but in 1 condition, I told her, I will be sending the monthly allowance and school expenses directly to her mother, because I don’t trust anymore to my ex GF when it comes to money matter. This prompt her negatively, she refuses in my condition, what she wants is the monthly allowance should be deposited directly to her account which is I don’t want.
So what I did, I stop sending allowances starting month of May up to now, I just want to teach her a lesson. Then just 2 weeks ago, she sent text message to me that she consulted an Atty. And she told me that wait for the notice from the Atty. She even treats me that whether you like it or not your going home to Davao. And that notice coming from her Atty. is addressed to the company where I work although as of now I haven’t heard yet from our HR office. My company didn’t know that I have a son and about my past life with her. Although I don’t think that it will affect on my job if just in case the company knows about this issues. It doesn’t really matter.
Correct me if I wrong, as far as I know it’s up to me whether I will continue or not, supporting to my son, since we are not married.
My settlement on this issue, I rather going back to our agreement that my son will be enrolled in their province under the care of her mother. And I will send monthly allowances directly to the province.
Now my questions are as follows:
1. We are not married can she file a case against me for not supporting to my son starting May 2009 up to now, on what grounds, is RA 9262 is applicable in this case?
2. If there is a summoned paper, I cannot appear personally in the court since I’m working here in Kuwait.
3. How about the other parties, she has a daughter to other guy is there any case to file against her?
Hoping to get a feedback from your end.
Thanks a lot,
Ericson
So its a weak case if the second marriage is celebrated in other country?We are planning to file a bigamy against my sister-in-law. But base on what you said the court has no jurisdiction on the offense. SIGH