Lex Rex Ph


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. (Article 349 RPC)

When will someone be guilty of bigamy?

  • while the previous marriage of one or the other is valid and subsisting;
  • before the former marriage has been legally dissolved;
  • before the absent spouse has been judicially declared as presumptively dead.

Bigamy is not similar to the crimes of adultery and concubinage which requires that the culprits, if both are alive, should he prosecuted or included in the information.

People v. Nepomuceno

Will the second spouse be guilty?

In the crime of bigamy, the second spouse that married the accused may not be persecuted if she married the accused without being aware of his previous marriage. Only if the second spouse had knowledge of the previous undissolved marriage of the accused could she be included in the information as a co-accused.

Bigamy is a public offense and a crime against status, while adultery and concubinage are private offenses and are crimes against chastity.

People v. Nepomuceno

Pardon will not extinguish

In adultery and concubinage, pardon by the offended party will bar the prosecution of the case, which is not so in bigamy. In bigamy, pardon by the offended spouse will not bar the prosecution of the case. (People v. Nepomuceno)

Other Content You May Be Interested In:


The purpose of including such provision in our [laws] is to harmonize our civil laws with the religious faith of our people – Republic v

Read More »

The Herod in Us (A Poem)

(A poetic reflection. Days after Christmas, when wisemen came to visit.) The Herod in us Doesn’t want His presence The King to govern our lives

Read More »

Redhibitory Defect

Are those defects in the article sold which the seller is bound to warrant. Such defects render the thing sold as (1) unfit for the

Read More »