ILLEGAL MARRIAGES

I. Kinds of Illegal Marriages ( i.e. those not recognized or prohibited by law)

A. Bigamous Marriages (Art. 349)
B. Those contracted contrary to the Marriage Law (Art. 350)
C. Premature Marriages (Art. 351)

II. Bigamy: the crime committed by a married person who contracts a second or subsequent marriage before the first has been legally dissolved or before the absent spouse had been declared presumptively dead.

A. The first marriage must be valid, or at least voidable, and still subsisting and the second marriage would have been valid were it not for the existence of the first marriage

B. If the first marriage is completely void, there is no bigamy. If the second marriage is void, there is no bigamy either. But this may give rise to either adultery or concubinage.

Example: H married first wife. Then he marries second wife. The first wife died whereupon H married third wife. H is guilty of bigamy for the second marriage. But he is not guilty of bigamy for the third marriage because the second marriage is void.

C. Bigamy may be committed by reckless imprudence as: (i). by failure to ascertain the whereabouts of  the first wife (ii) one who obtains a divorced abroad and thinking it is valid here, remarries.

D. The prescriptive period commences after discovery of the second marriage as the principle of constructive notice does not apply to records in the Civil Registry.     

E. In case the second marriage is based on the absence of the first spouse, there must first be a judicial declaration of presumptive death so that the accused can claim good faith and avoid prosecution for bigamy.  

F. Venue. In the courts of the city, province or province where the second marriage was celebrated

III. Marriage Contrary to the Marriage law

1. Those where the essential requirements have not been complied with such as the requirements of age, marriage license, consent and authority of the solemnizing officer.

2. These refer to the void, voidable, and annullable marriages

IV. Premature Marriages.

1. Marriage contracted by a woman:

(a)  Who marries within 301 days from the date of death of the husband or after the annulment or dissolution of her marriage or

(b) if being pregnant at the time of his death  or at time of the annulment or dissolution, shall marry before having delivered

2. The purpose of the prohibition is to prevent doubtful paternity in the event she gives birth during the second marriage. Thus there is no liability in the following instances:

a). If she already gave birth prior to the second marriage

b). There is proof she was not pregnant by the first husband as when the first husband is sterile, or infertile or was unable to have physical access to the wife

c). The second husband is sterile

d). The woman is sterile or infertile

V. Performance of Illegal Marriage.

1. This is the crime committed by the solemnizing officer.