23/06/2026
The ๐ญ๐ต๐ด๐ณ ๐๐ผ๐ป๐๐๐ถ๐๐๐๐ถ๐ผ๐ป declares that marriage is an inviolable social institution and the foundation of the family. The ๐๐ฎ๐บ๐ถ๐น๐ ๐๐ผ๐ฑ๐ฒ, in turn, treats marriage not merely as an ordinary contract, but as a special contract of permanent union whose nature, consequences, and incidents are governed by law and public policy.
But while the State protects marriage, the law does not protect a union contracted in violation of an existing marital bond. The protection of marriage does not extend to bigamy. Under ๐๐ฟ๐๐ถ๐ฐ๐น๐ฒ ๐ฏ๐ฑ(๐ฐ) ๐ผ๐ณ ๐๐ต๐ฒ ๐๐ฎ๐บ๐ถ๐น๐ ๐๐ผ๐ฑ๐ฒ, bigamous or polygamous marriages, not falling under Article 41, are void from the beginning. Under ๐๐ฟ๐๐ถ๐ฐ๐น๐ฒ ๐ฏ๐ฐ๐ต ๐ผ๐ณ ๐๐ต๐ฒ ๐ฅ๐ฒ๐๐ถ๐๐ฒ๐ฑ ๐ฃ๐ฒ๐ป๐ฎ๐น ๐๐ผ๐ฑ๐ฒ, bigamy is committed when a person contracts a second or subsequent marriage before the former marriage has been legally dissolved, or before the absent spouse has been declared presumptively dead by judgment rendered in proper proceedings.
Most recently, in ๐ ๐ฒ๐น๐ผ๐ฐ๐ผ๐๐ผ๐ป ๐. ๐ฃ๐ฟ๐ถ๐ป๐ด, ๐.๐ฅ. ๐ก๐ผ. ๐ฎ๐ฒ๐ฑ๐ด๐ฌ๐ด, ๐๐ฎ๐ป๐๐ฎ๐ฟ๐ ๐ฎ๐ฎ, ๐ฎ๐ฌ๐ฎ๐ฑ, the Supreme Court clarified that a claim of bigamy cannot rest on bare allegations. The party invoking bigamy must prove not only the existence of the prior marriage, but also that the prior marriage was ๐๐ฎ๐น๐ถ๐ฑ ๐ฎ๐ป๐ฑ ๐๐๐ฏ๐๐ถ๐๐๐ถ๐ป๐ด when the subsequent marriage was contracted.
In our case, however, the evidence met the standard. Through PSA-authenticated records, CRS Form No. 5, the testimony of the PSA representative, and the PSA certification showing no annotation of nullity, annulment, dissolution, or declaration of invalidity of the prior marriage, the Court found that the prior marriage remained active, valid, and subsisting when the subsequent marriage was celebrated. The totality of evidence proved the bigamous character of the marriage.
This Decision is also consistent with ๐๐ผ๐บ๐ถ๐ป๐ด๐ผ ๐. ๐๐ผ๐๐ฟ๐ ๐ผ๐ณ ๐๐ฝ๐ฝ๐ฒ๐ฎ๐น๐, ๐.๐ฅ. ๐ก๐ผ. ๐ญ๐ฌ๐ฐ๐ด๐ญ๐ด, ๐ฆ๐ฒ๐ฝ๐๐ฒ๐บ๐ฏ๐ฒ๐ฟ ๐ญ๐ณ, ๐ญ๐ต๐ต๐ฏ, which stressed that parties are not free to determine for themselves the validity or invalidity of their marriage when the purpose is to contract another marriage. Judicial declaration is necessary because marriage is impressed with public interest.
This legal victory reminds us that in family law, truth must be proven, not merely alleged. A petition for nullity based on bigamy requires clear, competent, and credible proof: public records, official certifications, testimony, and a complete evidentiary chain showing that the prior marriage was still valid and subsisting when the later marriage was celebrated.
For our client, this is more than a favorable judgment.
It is a restoration of civil status.
It is a recognition that no person should remain bound to a marriage that the law itself declares void from the beginning.
The petition was ๐๐ฅ๐๐ก๐ง๐๐.
Justice was served.
Above all, we thank God for His guidance, wisdom, and grace throughout this journey.
