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.
The crime of bigamy does not fall within the category of
private crimes. Hence, it can be prosecuted even w/o the
initiative of the offended party.
The fact that the 1st marriage is void from the beginning is
not a defense in a bigamy charge. There is a need for judicial
declaration of the nullity of the 1st marriage. Similarly,
there must also be a summary proceeding to declare the absent
spouse presumptively dead for purposes of remarriage.
Failure to exercise due diligence to ascertain the whereabouts
of the 1st wife and the husband’s remarriage is bigamy through
One convicted for bigamy may be prosecuted for concubinage as
both are distinct offenses.
The second spouse is not necessarily liable for bigamy.
One who falsely vouches for the capacity of the either of the
contracting parties knowing that one of the parties is already
married is an accomplice.
A pardon by the offended party does not extinguish criminal
action considering that a crime is committed against the State
and the crime of Bigamy is a public offense which can be
denounced not only by the person affected thereby but even by
a civic-spirited citizen who may come to know the same.
Good faith is a defense in bigamy.
A judicial declaration of the nullity of a marriage, that is,
that the marriage was void ab initio, is now required.