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Bigamy, A349 Revised Penal Code

Bigamy - refers to contracting a second/subsequent marriage despite the first/prior marriage is still subsisting.

1. Concept

Bigamy - refers to contracting a second/subsequent marriage despite the first/prior marriage is still subsisting.

a. Legal basis

Article 349. Bigamy. - The penalty of prision mayor shall be imposed upon any person who shall contract a second or subsequent marriage before the former marriage has been legally dissolved, or before the absent spouse has been declared presumptively dead by means of a judgment rendered in the proper proceedings.

(Revised Penal Code)

2. Modes of commission

The following are the modes of committing the offense:

1) Contracting subsequent marriage before former marriage is dissolved or absent spouse is declared presumptively dead

a. Mode 1: Contracting subsequent marriage

Elements of the offense of bigamy:

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 or she contracts a second or subsequent marriage; and

4) That the second or subsequent marriage has all the essential requisites for validity. (Lasanas v. People, G.R. No. 19031, June 23, 2014, Per Bersamin, J.)

1) Element 1: Previously legally married

The offender has to be previously legally married to be liable for bigamy. The very essence of bigamy is...

 



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