BIGAMY CASE?

M married F here in the Philippines, both are Filipino citizens. After years of marriage, M contracted a second marriage in a foreign country after obtaining a divorce therein.

Is there a crime of bigamy?

There is no bigamy to speak of in the first place, the crime, which is the contracting of subsequent marriage despite still being married is contracted abroad. Our penal laws are territorial in nature so our courts cannot take cognizance. It would be otherwise if M had contracted the subsequent marriage in the Philippines. This will now constitute bigamy and our courts will have jurisdiction. [Art. 2 of the Revised Penal Code of the Philippines]

Is the second marriage valid?

It depends. If such marriage is valid in the country where it was contracted and divorce is recognized therein, then the marriage is valid insofar as that country is concerned. However, such will not be the case here in the Philippines. We don't recognize absolute divorce. We only allow a divorced Filipino citizen to remarry if he/she was married to an alien and only if the divorce was initiated by the alien. In the case at bar, both parties to the first marriage are Filipino citizens. Thus, they cannot be allowed divorce.

Is there a valid divorce?

There can be no valid divorce to be recognized here in the Philippines. Since we do not recognize absolute divorce between Filipino citizens except in accordance with Muslim customs and practices under the Muslim Code of Personal Laws.