Bigamy and Nullity of Marriage: When a Void Second Marriage Still Leads to Criminal Liability

The Supreme Court has settled an important question for anyone facing bigamy charges: does a court's later declaration that the second marriage is void erase criminal liability? In Capili v. People (G.R. No. 183805, July 3, 2013), the Court answered with a clear no — the crime of bigamy is committed at the moment the second marriage is celebrated, regardless of any subsequent judicial declaration of nullity.

This ruling matters because it clarifies a common misconception: that having a marriage declared void after the fact can undo criminal exposure. The decision protects the integrity of the marriage contract and prevents accused persons from escaping prosecution through belated civil proceedings.

The Facts of the Case

James Walter P. Capili married Karla Y. Medina-Capili on September 3, 1999. Just three months later, on December 8, 1999, he contracted a second marriage with Shirley G. Tismo while his first marriage was still subsisting.

On June 28, 2004, Capili was charged with bigamy under Article 349 of the Revised Penal Code. He moved to suspend the criminal proceedings, arguing that a pending civil case for the declaration of nullity of his second marriage before the Regional Trial Court of Antipolo City constituted a prejudicial question.

The RTC of Antipolo eventually declared the second marriage void from the beginning, ruling that a subsequent marriage contracted during the lifetime of the legal wife is void ab initio. Armed with this decision, Capili moved to dismiss the bigamy case. The RTC of Pasig City granted the motion, reasoning that "there is no more bigamy to speak of."

The Court of Appeals reversed, and the case reached the Supreme Court.

The Issue

The sole question before the Supreme Court was whether the subsequent declaration of nullity of the second marriage is a ground for dismissal of the criminal case for bigamy.

The Ruling

The Supreme Court ruled in the negative, denying Capili's petition and affirming the Court of Appeals' decision.

The Court enumerated the elements of bigamy under Article 349 of the Revised Penal Code: (1) the offender has been legally married; (2) the marriage has not been legally dissolved or the absent spouse cannot yet be presumed dead; (3) the offender contracts a second or subsequent marriage; and (4) the second or subsequent marriage has all the essential requisites for validity.

All elements were present when the Information was filed. The second marriage was contracted on December 8, 1999, during the subsistence of a valid first marriage contracted on September 3, 1999.

The Court emphasized that the crime of bigamy is consummated on the celebration of the subsequent marriage without the previous one having been judicially declared null and void. Citing Jarillo v. People (G.R. No. 164435, September 29, 2009), the Court held that the subsequent judicial declaration of nullity is immaterial because the crime had already been consummated before that declaration.

The Principle Behind the Ruling

The Court anchored its decision on a fundamental principle: a marriage, even one that is void or voidable, is deemed valid until declared otherwise in a judicial proceeding. Parties to a marriage cannot judge for themselves its nullity — that determination must be submitted to competent courts.

As the Court explained, he who contracts a second marriage before the judicial declaration of the first marriage's nullity assumes the risk of being prosecuted for bigamy. Criminal culpability attaches upon the commission of the offense, and from that instant, liability persists until extinguished as provided by law.

The Court also rejected the argument that allowing the dismissal would be fair, noting that such a rule would only delay prosecutions — an accused could simply file a petition to declare a marriage void and invoke it as a prejudicial question.

Practical Takeaways

• Timing is everything. Criminal liability for bigamy attaches at the moment the second marriage is celebrated. A later declaration of nullity does not erase the crime.
• Void marriages still count for bigamy purposes. Even if a marriage is later declared void ab initio, the first marriage was subsisting when the second was contracted — and that is what matters.
• Do not self-judge nullity. Only a competent court can declare a marriage void. Until then, the law presumes the marriage exists.
• Civil and criminal cases run on separate tracks. A favorable civil ruling on marriage nullity does not automatically dispose of a pending bigamy case.
• Seek legal advice before remarrying. Anyone contemplating a second marriage while a prior marriage has not been judicially dissolved or annulled faces serious criminal exposure.

This article is general information and not legal advice. For your specific situation, consult a lawyer or ask ASG Legal AI.