What Are The 4 Elements Of Bigamy

Marriage can go sour when there is no communication and this can lead to separation. While no formal closure has taken place, either party may presume that the marriage is over due to long separation. Both parties may even decide to enter into a new relationship after all, everyone has already moved on. However, the fact that marriage has not been nullified still deters both parties from pursuing plans on getting married. Now, if a man decides to take the relationship with the new found love to the next level, the previous marriage needs to be nullified, otherwise, he will be charged of a crime of bigamy.

What are the elements of bigamy?

According to Article 349 of the Revised Penal Code of the Philippines, a person can be criminally responsible for the crime of bigamy if: the offender is legally married; the marriage has not been nullified; or the absent spouse could not yet be presumed dead based on the Civil Code. Bigamy takes place when a second marriage is contracted and has met the essential requisites of a valid marriage.

Under Article 349 of the Revised Penal Code, the elements of the crime of Bigamy are:

(1) that the offender has been legally married;

(2) that the first 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.

Does signing a marriage contract automatically hold a man criminally responsible? The subsequent marriage will only be considered valid if it meets the requisites of a valid marriage. This means that the consent must be freely given by both parties in the presence of the solemnizing officer. The solemnizing officer should also have the authority to solemnize the marriage. Without a valid marriage license, the contract of marriage will not take place and the crime of bigamy will not prosper in court.

ART. 53. No marriage shall be solemnized unless all these requisites are complied with:

(1) Legal capacity of the contracting parties;

(2) Their consent, freely given;

(3) Authority of the person performing the marriage; and

(4) A marriage license, except in a marriage of exceptional character.

Pinoy Attorney

Written by : Pinoy Attorney