1. Offender has been legally married; Aragon contracted a 2nd marriage while the first marriage
2. The marriage has not been legally was still subsisting. Eventually the first wife died. He
contracted a third marriage. Aragon was charged of
dissolved or, in case his or her spouse is bigamy.
absent, the absent spouse could not yet be
presumed dead by means of a judgment HELD: A subsequent marriage contracted by any person
rendered in a proper proceedings, during the lifetime of his first spouse is illegal and void
according to the Civil Code; from its performance, and no judicial decree is necessary
3. He contracts a second or to establish its invalidity as distinguished from mere
subsequent marriage; annullable marriages. The second marriage is void, hence
the third marriage is valid.
4. The second or subsequent
marriage has all the essential requisites for
validity.
Article 350. Marriage contracted against
Nullity of the first marriage is provisions of laws
not a defense in a bigamy charge. There
Elements:
must be a judicial declaration of the nullity
of a previous marriage before contracting
1. Offender contracted marriage;
the second marriage.
2. He knew at the time that -
Causes which may produce the
legal dissolution of the first marriage:
a. The requirements of
o Death of one of the
the law were not complied with; or
contracting parties b. The marriage was in
o Judicial declaration disregard of a legal impediment.
annulling a void marriage
o Judicial declaration If either of the contracting
annulling a voidable marriage parties obtains the consent of the other by
Defense has the burden of means of violence, intimidation or fraud,
proof of dissolution of first marriage. the maximum period of the penalty shall
For the present spouse to be imposed.
contract a subsequent marriage, an absent The offender must not be guilty
spouse is presumed dead if he has been of bigamy, to be punishable under this
absent for four consecutive years and the article.
spouse present had a well-founded belief
that he is already dead. In case of
disappearance where there is danger of Lucio Morigo v People (2002)
death, an absence of only two years will be FACTS: Lucio Morigo and Lucia Barrete were
sufficient. However, a declaration of boardmates. After school year 1977-78 they lost
presumptive death should first be obtained contact with each other. In 1984, Lucio Morigo was
from the courts. surprised to receive a card from Lucia Barrete from
The second marriage must Singapore. The former replied and after an exchange of
letters, they became sweethearts. In 1986, Lucia
have all the requisites for validity were it
returned to the Philippines but left again for Canada to
not for the existence of the first marriage. work there. While in Canada, they maintained constant
The second spouse is not communication. In 1990, Lucia came back to the
necessarily liable for the bigamy. If the Philippines and proposed to Lucio to join her in Canada.
second husband or wife knew of the first Both agreed to get married. On September 8, 1990,
marriage, he/she is an accomplice in the Lucia reported back to her work in Canada leaving
crime of bigamy. appellant Lucio behind. On August 19, 1991, Lucia filed
with the Ontario Court for divorce which was granted
The witness who falsely
on January 17, 1992. On October 4, 1992, appellant
vouched for the capacity of either of the Lucio Morigo married Maria Jececha Lumbago. On
contracting parties is also an accomplice. September 21, 1993, accused filed a complaint for
Bigamy is not a private crime. judicial declaration of nullity of marriage in the RTC.
It is an offense against the State, not On October 19, 1993, Lucio was charged with Bigamy
against the second wife. and found guilty thereon.
Persons liable: