SITUATION:
Man and Woman are legally married in the Philippines. They are both Filipino citizen. Later, Man went abroad and subsequently met Girl and contracted the second marriage after obtaining a divorce therein.
ISSUES:
1. Whether or not Man is guilty of bigamy.
2. Whether or not the Philippines has jurisdiction over the crime of bigamy.
3. Whether or not the divorce obtained abroad is valid.
4. Whether or not the second marriage is valid.
REASONS:
Under the Revised Penal Code, the crime of bigamy has the following elements:
1. That the offender has been legally married;
Man and Woman are legally married in the Philippines. They are both Filipino citizen. Later, Man went abroad and subsequently met Girl and contracted the second marriage after obtaining a divorce therein.
ISSUES:
1. Whether or not Man is guilty of bigamy.
2. Whether or not the Philippines has jurisdiction over the crime of bigamy.
3. Whether or not the divorce obtained abroad is valid.
4. Whether or not the second marriage is valid.
REASONS:
Under the Revised Penal Code, the crime of bigamy has the following elements:
1. That the offender has been legally married;
2. That the marriage has not been legally dissolved or, in case his or her spouse is absent, the absent spouse could not yet be presumed dead according to the Civil Code;
3. That he contracts a second or subsequent marriage; and
4. That the second or subsequent marriage has all the essential requisites for validity
A plain reading of the law, therefore, would indicate that the provision penalizes the mere act of contracting a second or a subsequent marriage during the subsistence of a valid marriage. Since Man’s prior marriage is still subsisting while contracting a second marriage with Girl, therefore, Man is guilty of bigamy as far as the Philippine law is concerned based on the nationality theory. However, the foreign country does not have jurisdiction over the case since bigamy is a criminal offense. Thus, bigamy can only be charged to Man within the Philippine jurisdiction.
A plain reading of the law, therefore, would indicate that the provision penalizes the mere act of contracting a second or a subsequent marriage during the subsistence of a valid marriage. Since Man’s prior marriage is still subsisting while contracting a second marriage with Girl, therefore, Man is guilty of bigamy as far as the Philippine law is concerned based on the nationality theory. However, the foreign country does not have jurisdiction over the case since bigamy is a criminal offense. Thus, bigamy can only be charged to Man within the Philippine jurisdiction.
Based on the nationality, the State has jurisdiction over its nationals anywhere in the world. Every national is entitled to the protection of the State and thus bound to it by duty of obedience and allegiance unless he renounces his nationality. Article 15 of the Civil Code states that “laws relating to family rights and duties or to the status, condition and legal capacity of persons are binding upon citizens of the Philippines even living abroad.” Marriage anywhere in the country, if valid there as such, is recognized in our country. Thus, marriage to another, while a prior marriage is subsisting, constitutes the crime of bigamy, in our laws and applicable to Filipinos living here or abroad.
The first marriage is still considered valid in the Philippines because divorce between Filipinos, wherever secured is not recognized under Philippine laws. In other words, as far as the Philippines is concerned, the second marriage is null and void.
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