Contracting of a subsequent bigamous marriage, A55(7) Family Code

1. Concept

Bigamy – means “the act of entering into a marriage with one person while still legally married to another”. (Merriam-Webster Online Dictionary)

2. Contracting of a subsequent bigamous marriage, A55(7) Family Code

Art. 55. A petition for legal separation may be filed on any of the following grounds:

x x x

(7) Contracting by the respondent of a subsequent bigamous marriage, whether in the Philippines or abroad; x x x

1) Contracting by the respondent of a subsequent bigamous marriage, whether in the Philippines or abroad, is a ground for legal separation.

2) This ground for legal separation applies when a spouse enters into another marriage while still legally married to their current spouse. It doesn’t matter whether the second marriage took place in the Philippines or in another country—the act of contracting a second marriage, while the first is still valid, is considered bigamy and is a clear violation of marital fidelity and the law. (OpenAI ChatGPT-4 [2025], reviewed by J. Del Puerto. Available at: https://chat.openai.com [Accessed: 17 April 2025])

3) [In simple terms:] If a spouse secretly marries someone else—even if it’s done in another country—[the innocent spouse has] the right to file for legal separation. This act [by the spouse who marries another is] called bigamy, and it breaks the trust and legal commitment of the original marriage. The law protects the [innocent] spouse, acknowledging that being married to someone who betrays the union by marrying another person is an act that justifies legal separation. (Ibid.)

4) This provision aims to protect the sanctity of marriage and the rights of the lawful spouse. Bigamy undermines the foundation of marriage—trust, exclusivity, and legal unity. By granting legal separation on this ground, the law provides the aggrieved spouse a way to seek relief, dignity, and legal recognition of the betrayal suffered. (Ibid.)

3. Examples

Example 1 – Secret second marriage in the Philippines:

Karla discovers that her husband, Ryan, has married another woman in a different province without dissolving their own marriage. Although Ryan tried to hide it, Karla finds the second marriage certificate. This bigamous act gives her solid ground to file for legal separation. (Ibid.)

Example 2 – Second marriage abroad:

John, who is still married to Ana, moves to the U.S. for work and marries another woman there. Ana later learns about it through mutual friends. Even though the second marriage happened abroad, Ana can still file for legal separation in the Philippines, as the act remains a betrayal under Philippine law. (Ibid.)

Example 3 – Deceived by the bigamous spouse:

Sandra’s husband tells her he’s traveling for business but later finds out he married someone in another country during his trip. Even if he tries to say it was just for convenience or legal benefits, the act of entering into a second marriage is enough for Sandra to seek legal separation. (Ibid.)