When is a Marriage Void? Understanding Bigamy and Falsification

A.M. No. MTJ-95-1070, February 12, 1997

Imagine discovering that your spouse’s past includes a previous marriage they never legally dissolved. In the Philippines, this situation raises complex questions about the validity of subsequent marriages and the potential for charges like bigamy and falsification. This article delves into a Supreme Court decision that explores these issues, providing clarity on the legal requirements for marriage and the consequences of failing to meet them.

The case of Maria Apiag, Teresita Cantero Securom And Glicerio Cantero vs. Judge Esmeraldo G. Cantero examines the administrative charges against a judge accused of bigamy and falsification of public documents. The case highlights the importance of obtaining a judicial declaration of nullity for a prior marriage before entering into a subsequent one, and how personal conduct impacts a judge’s professional standing.

Legal Framework: Marriage, Bigamy, and Falsification

Philippine law recognizes marriage as a sacred institution, outlining specific requirements for its validity. The Family Code of the Philippines governs marriage, divorce, and related family matters. Central to this case are the concepts of bigamy and falsification, which arise when these marital laws are violated.

Bigamy, as defined in the Revised Penal Code, occurs when a person contracts a second marriage while a prior marriage remains legally valid. The key element is the existence of a valid first marriage at the time the second marriage is contracted.

Falsification of public documents, also under the Revised Penal Code, involves making false statements in official documents. In the context of marriage, this could include misrepresenting one’s marital status on official forms or records.

Article 40 of the Family Code is particularly relevant: “The absolute nullity of a previous marriage may be invoked for purposes of remarriage on the basis solely of a final judgment declaring such previous marriage void.” This means that even if a marriage is considered void, a judicial declaration is required before either party can legally remarry. Failure to obtain this declaration can lead to charges of bigamy.

For example, consider a scenario where a woman believes her first marriage was invalid because she was forced into it. If she remarries without first obtaining a judicial declaration of nullity, she could face bigamy charges, even if her belief about the first marriage’s invalidity was genuine.

Case Summary: Cantero vs. Cantero

The case revolves around Judge Esmeraldo G. Cantero, who was accused of bigamy and falsification of public documents by his first wife, Maria Apiag Cantero, and their children. The complainants alleged that Judge Cantero had abandoned his first family and subsequently married another woman, Nieves C. Ygay, without legally dissolving his first marriage.

The timeline of events is critical:

• 1947: Judge Cantero and Maria Apiag allegedly married.
• 1950s: Judge Cantero left his first family.
• Later: Judge Cantero married Nieves C. Ygay and had children with her.
• 1993: Maria Apiag and her children filed a complaint against Judge Cantero.

Judge Cantero defended himself by claiming that the first marriage was merely a “dramatized” event orchestrated by his parents and that he believed it to be void from the beginning. He also argued that the charges were filed too late and were motivated by financial gain.

The Supreme Court considered the following key issues:

1. Was the first marriage valid?
2. Did Judge Cantero commit bigamy by marrying Nieves C. Ygay without a judicial declaration of nullity of the first marriage?
3. Did Judge Cantero commit falsification of public documents by misrepresenting his marital status?
4. Was the judge guilty of gross misconduct?

The Court, quoting Amosco vs. Magro, defined misconduct in office as affecting the performance of duties as an officer, not merely affecting character as a private individual. As such, the acts imputed against Judge Cantero pertain to his personal life and have no direct relation to his judicial function.

The Court stated:

“For any of the aforementioned acts of Judge Cantero ‘x x x (t)o warrant disciplinary action, the act of the judge must have a direct relation to the performance of his official duties. It is necessary to separate the character of the man from the character of the officer.’”

Furthermore, the Court addressed the issue of the nullity of the prior marriage. The Court noted the judge’s argument that the first marriage was void and that there was no need to have the same judicially declared void, pursuant to jurisprudence then prevailing.

“Now, per current jurisprudence, ‘a marriage though void still needs x x x a judicial declaration of such fact’ before any party thereto ‘can marry again; otherwise, the second marriage will also be void.’ This was expressly provided under Article 40 of the Family Code. However, the marriage of Judge Cantero to Nieves Ygay took place and all their children were born before the promulgation of Wiegel vs. Sempio-Diy and before the effectivity of the Family Code. Hence, the doctrine in Odayat vs. Amante applies in favor of respondent.”

Practical Implications: Lessons for Individuals and Professionals

This case offers several crucial takeaways for individuals and legal professionals alike.

First, it underscores the importance of obtaining a judicial declaration of nullity for a prior marriage before remarrying, even if you believe the first marriage to be void. While the legal landscape has evolved, the need for this declaration remains a cornerstone of Philippine marital law.

Second, the case highlights the ethical standards expected of judges and other public officials. While personal conduct may not always constitute “misconduct in office,” it can still have professional repercussions.

Third, it illustrates how past actions can impact present circumstances. Even though the events in question occurred many years prior, they formed the basis for the administrative charges against Judge Cantero.

Key Lessons

• Always obtain a judicial declaration of nullity before remarrying, even if you believe your prior marriage was invalid.
• Be mindful of the ethical standards expected of public officials, both in their professional and personal lives.
• Understand that past actions can have long-term consequences.

Consider this hypothetical: A businessman entered into a marriage under duress. Years later, after the coercive circumstances have passed, he wishes to remarry. Even if he firmly believes the first marriage was invalid due to the duress, he must still obtain a judicial declaration of nullity before remarrying to avoid potential legal complications.

Frequently Asked Questions

Here are some common questions related to marriage, annulment, and bigamy in the Philippines:

Q: What is the difference between annulment and declaration of nullity?

A: Annulment presupposes a valid marriage that is subsequently voided due to certain grounds, such as lack of consent or fraud. Declaration of nullity, on the other hand, asserts that the marriage was void from the beginning due to the absence of essential requisites.

Q: Can I get a divorce in the Philippines?

A: Divorce is not generally available in the Philippines, except for Muslims under certain conditions. However, legal separation, annulment, and declaration of nullity are options for ending a marriage.

Q: What are the grounds for annulment in the Philippines?

A: Grounds for annulment include lack of parental consent (if either party is under 21), unsound mind, fraud, force, intimidation, or undue influence, and physical incapacity to consummate the marriage.

Q: What happens if I marry someone who is already married?

A: Your marriage would be considered void from the beginning, and the person who is already married could face bigamy charges.

Q: How long does it take to get an annulment or declaration of nullity in the Philippines?

A: The timeframe can vary widely depending on the complexity of the case and the court’s workload. It can take anywhere from several months to several years.

Q: What evidence do I need to prove that my marriage is void?

A: The evidence required depends on the specific grounds for nullity. It could include documents, witness testimonies, and expert opinions.

Q: If my spouse has been absent for many years, can I remarry?

A: While the law presumes a person dead after a certain period of absence, you still need to obtain a judicial declaration of presumptive death before remarrying.

Q: What are the penalties for bigamy in the Philippines?

A: The penalties for bigamy can include imprisonment and fines, as outlined in the Revised Penal Code.

ASG Law specializes in Family Law, including annulment, legal separation, and property division. Contact us or email hello@asglawpartners.com to schedule a consultation.