X had an altercation with his wife, Y. Blinded by anger, X booked a flight to Japan and impulsively entered into another marriage with a random woman as an act of revenge. Y found out about the marriage since X maliciously posted the pictures online. When X returned to the Philippines, he was charged with bigamy. Will the case prosper? Reason(s).
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No, the case for bigamy will not prosper. Under Article 2 of the Revised Penal Code, Philippine penal laws apply only within Philippine territory pursuant to the principle of territoriality. Bigamy under Article 349 is committed
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Quick check
Why will the bigamy charge against X in the Philippines fail?
Bigamy committed outside Philippine territory cannot be prosecuted locally because it is not among the extraterritorial exceptions under Article 2 of the RPC.
Under Article 2 of the Revised Penal Code, what fundamental principle governs the territorial application of Philippine penal laws?
The principle of territoriality dictates that Philippine criminal laws are enforceable only within the physical territory of the Philippines.
At what point and location is the crime of bigamy under Article 349 of the Revised Penal Code legally consummated?
Bigamy is consummated at the exact time and place where the second bigamous marriage is celebrated.
Which of the following offenses committed outside Philippine territory is an exception to the principle of territoriality under Article 2 of the RPC?
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If a married Filipino citizen contracts a second marriage in a foreign country, what is the proper legal remedy of the first spouse in the Philippines?
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Learn more about these topics
1. Principle of Territoriality
Under Article 2 of the Revised Penal Code, Philippine criminal law adheres strictly to the principle of territoriality, which dictates that penal statutes are enforceable only within the territorial jurisdiction of the Philippines. Crimes committed outside Philippine territory, maritime zone, or airspace are generally beyond the jurisdiction of domestic courts. Unless an offense falls under the specific extraterritorial exceptions listed under Article 2—such as offenses committed on a Philippine ship or airship, forging Philippine coin or currency, or crimes against national security—Philippine courts cannot acquire jurisdiction to prosecute criminal acts committed in foreign countries.
2. Elements of Bigamy
Bigamy under Article 349 of the Revised Penal Code requires four essential elements: that the offender is legally married, that the first marriage has not been legally dissolved, that the offender contracts a second or subsequent marriage, and that the second marriage has all the essential requisites for validity. The offense of bigamy is consummated at the exact time and place where the second bigamous marriage is celebrated. If the second marriage takes place outside the territory of the Philippines, the crime is deemed committed abroad, beyond the reach of Philippine criminal jurisdiction.
3. Extraterritoriality Exceptions
Article 2 of the Revised Penal Code enumerates specific exceptions where Philippine criminal law applies extraterritorially to offenses committed outside the country's borders. These statutory exceptions include crimes committed aboard a Philippine vessel or aircraft, forging Philippine currency or government securities, introducing forged coins or obligations into the country, crimes committed by public officers in the exercise of official functions, and crimes against national security and the law of nations like treason, espionage, and piracy. Bigamy is not among these listed exceptions, rendering bigamous marriages contracted abroad unprosecutable in Philippine courts.