Don’t Risk Bigamy: Secure a Judicial Declaration of Nullity Before Remarrying

Thinking of remarrying after a previous marriage? This case underscores a critical point of Philippine law: even if you believe your first marriage was invalid, you must obtain a judicial declaration of nullity before entering into a second marriage. Failing to do so can lead to serious legal consequences, including a bigamy charge. The Supreme Court in Marbella-Bobis vs. Bobis firmly reiterates that individuals cannot unilaterally decide their marriage is void – only a court can make that determination. Ignoring this principle puts you at significant legal risk.

[ G.R. No. 138509, July 31, 2000 ]

INTRODUCTION

Imagine falling in love again after a difficult first marriage. Eager to start anew, you believe your past marriage was flawed from the start, perhaps lacking a valid marriage license. You remarry, confident in your fresh start. However, you might be unknowingly stepping into a legal minefield. Philippine law, as highlighted in the case of Imelda Marbella-Bobis vs. Isagani D. Bobis, requires a crucial step: a judicial declaration that your first marriage is null and void before you can legally remarry. This case revolves around Isagani Bobis, who, after marrying Maria Dulce Javier and without formally nullifying that union, married Imelda Marbella-Bobis. Facing a bigamy charge for this second marriage, Mr. Bobis attempted to suspend the criminal proceedings by filing a civil case to declare his first marriage void due to the absence of a marriage license. The central legal question before the Supreme Court was whether this pending civil case for nullity constituted a “prejudicial question” that should halt the bigamy case.

LEGAL CONTEXT: Bigamy and the Prejudicial Question Doctrine

To understand this case, we need to grasp two key legal concepts: bigamy and the prejudicial question doctrine. Bigamy, under Article 349 of the Revised Penal Code, is committed by anyone who contracts a second or subsequent marriage before the first marriage has been legally dissolved. The crucial element here is the subsistence of a prior valid marriage at the time of the second marriage.

Now, what about marriages that are considered void from the beginning, such as those without a marriage license? Article 40 of the Family Code addresses this directly: “The absolute nullity of a previous marriage may be invoked for purposes of remarriage on the basis solely of a final judgment declaring said previous marriage void.” This provision, which was in effect when Mr. Bobis contracted his second marriage, mandates a judicial declaration of nullity even for void marriages before a party can legally remarry. Prior to the Family Code, some believed a void marriage was automatically null and required no court action for remarriage. Article 40 changed this, setting a clear legal requirement.

The “prejudicial question” doctrine, outlined in Rule 111, Section 5 of the Rules of Court, comes into play when a civil case and a criminal case are intertwined. A prejudicial question exists when:

1. The civil action involves an issue similar or intimately related to the issue raised in the criminal action.
2. The resolution of the issue in the civil action determines whether or not the criminal action may proceed.

In bigamy cases, the accused often argues that a pending civil case for the nullity of the first marriage is a prejudicial question. They claim that if the civil court declares the first marriage void, then an essential element of bigamy – a valid prior marriage – would be absent. However, the Supreme Court has consistently clarified the application of Article 40 in relation to the prejudicial question rule in bigamy cases, as seen in Landicho v. Relova, which emphasized that “parties to a marriage should not be permitted to judge for themselves its nullity, only competent courts having such authority. Prior to such declaration of nullity, the validity of the first marriage is beyond question.”

CASE BREAKDOWN: Bobis’s Bigamy Charge and the Court’s Firm Stance

In the Bobis case, the sequence of events is critical:

• October 21, 1985: Isagani Bobis married Maria Dulce Javier.
• January 25, 1996: Without annulling his first marriage, Mr. Bobis married Imelda Marbella-Bobis.
• February 25, 1998: Based on Imelda’s complaint, a bigamy charge was filed against Mr. Bobis.
• Later in 1998: Mr. Bobis initiated a civil action to declare his first marriage to Javier void due to the lack of a marriage license.
• December 29, 1998: The trial court suspended the bigamy proceedings, agreeing with Mr. Bobis that the civil case for nullity was a prejudicial question.

Imelda Marbella-Bobis challenged this suspension, bringing the case to the Supreme Court. The Supreme Court reversed the trial court’s decision, firmly stating that the civil case for nullity was not a prejudicial question. Justice Ynares-Santiago, writing for the Court, emphasized that Article 40 of the Family Code is clear: a judicial declaration of nullity is required before remarriage. The Court stated, “Whether or not the first marriage was void for lack of a license is a matter of defense because there is still no judicial declaration of its nullity at the time the second marriage was contracted.”

The Supreme Court reasoned that allowing the civil case to suspend the criminal case would create a loophole for bigamists. As the Court pointed out, “Otherwise, all that an adventurous bigamist has to do is to disregard Article 40 of the Family Code, contract a subsequent marriage and escape a bigamy charge by simply claiming that the first marriage is void…” The Court reiterated the principle from Landicho v. Relova, stressing that individuals cannot unilaterally decide their marriage is void; only courts can. Until a court declares the first marriage null, it is presumed valid.

The Supreme Court concluded that the pending civil case for nullity would not determine the outcome of the bigamy case. Regardless of whether the first marriage is eventually declared void, the crucial fact remains: Mr. Bobis entered into a second marriage while his first marriage was still legally presumed valid. Therefore, the elements of bigamy were already present when the second marriage occurred.

PRACTICAL IMPLICATIONS: Protect Yourself from Bigamy Charges

The Marbella-Bobis case has significant practical implications. It serves as a stern warning: do not presume your previous marriage is void for the purposes of remarriage. Here’s what you need to know:

• Always Seek Judicial Declaration: If you intend to remarry and believe your prior marriage is invalid, initiate a civil action for declaration of nullity and obtain a final court judgment before getting remarried.
• No Self-Proclamation of Nullity: You cannot simply declare your marriage void yourself, even if it lacks a marriage license or has other defects. The law requires a court to make that determination.
• Risk of Bigamy is Real: Contracting a second marriage without a judicial declaration of nullity exposes you to a bigamy charge, regardless of your belief about the first marriage’s validity.
• Defense in Bigamy Case: While the nullity of the first marriage can be raised as a defense in a bigamy case, it does not automatically suspend the criminal proceedings. The prosecution will proceed, and you will need to prove the nullity in court.
• Ignorance is No Excuse: Lack of awareness of Article 40 or the need for judicial declaration is not a valid excuse for committing bigamy. Everyone is presumed to know the law.

Key Lessons from Marbella-Bobis vs. Bobis:

• Judicial Declaration is Mandatory: Article 40 of the Family Code mandates a judicial declaration of nullity of a prior marriage before remarriage, even for void marriages.
• Prejudicial Question Not Applicable: A pending civil case for declaration of nullity of the first marriage is generally not a prejudicial question that suspends a bigamy case.
• Risk Mitigation: To avoid bigamy charges, always secure a judicial declaration of nullity before entering into a subsequent marriage.

FREQUENTLY ASKED QUESTIONS (FAQs)

Q: What is bigamy?

A: Bigamy is the act of contracting a second marriage while still legally married to another person. It is a crime under Philippine law.

Q: What is a judicial declaration of nullity?

A: It is a formal court judgment that declares a marriage void from the beginning (void ab initio) or voidable. This declaration is required by Article 40 of the Family Code before a person can remarry, even if they believe their prior marriage was invalid.

Q: Is a marriage without a marriage license automatically void?

A: Yes, under Philippine law, a marriage without a valid marriage license is generally considered void ab initio. However, even void marriages require a judicial declaration of nullity before remarriage.

Q: Do I need to annul my first marriage before remarrying if it was void from the start?

A: Yes, even if your first marriage was void from the beginning (e.g., no marriage license), you still need to obtain a judicial declaration of nullity before you can legally remarry without risking a bigamy charge. The Family Code requires this formal declaration.

Q: What happens if I remarry without getting a judicial declaration of nullity for my first marriage?

A: You could be charged with bigamy, even if your first marriage was indeed void. The prosecution for bigamy can proceed because, at the time of your second marriage, your first marriage was still legally presumed valid since no court had declared it null.

Q: Can I use the nullity of my first marriage as a defense if I am charged with bigamy?

A: Yes, the nullity of the first marriage can be raised as a defense in a bigamy case. However, it does not automatically stop the criminal proceedings. You will need to prove the nullity of the first marriage in court. Crucially, initiating a civil case to declare nullity after being charged with bigamy is unlikely to be considered a prejudicial question that suspends the criminal case.

Q: What is a prejudicial question?

A: A prejudicial question is an issue in a civil case that is so intimately connected with the facts of a related criminal case that the resolution of the civil case is logically determinative of guilt or innocence in the criminal case. In bigamy cases after Marbella-Bobis, a pending nullity case is generally not considered a prejudicial question.

Q: Where can I get legal help regarding marriage nullity or bigamy cases?

A: ASG Law specializes in Family Law and Criminal Law. Contact us or email hello@asglawpartners.com to schedule a consultation.