On Bigamy Case

Good day, Atty!
Im planning to file a bigamy case against my husband, nadikubre ko po kasi na nag-asawa sya uli, I've got a copy of their marriage certificate from NSO.

Question po:
1) Ilan taon po ang penalty dun ? Bailable po ba yun? (kung nag bail po ba ligtas na sya sa kulungan or makukulong pa din if proven)

2) Pwede bang i-atras ang bigamy case? or the law\gov't will pursue it still kahit na-atras na?

Thanx! more power!

6-8 years, yes bailable, if convicted, he will be imprisoned

it's up to the discretion of the prosecutor, but in my opinion, once he has both marriage certificates, he has sufficient evidence even without your testimony

attyLLL wrote:6-8 years, yes bailable, if convicted, he will be imprisoned

it's up to the discretion of the prosecutor, but in my opinion, once he has both marriage certificates, he has sufficient evidence even without your testimony

Salamat po!

ms. ditas pano k nakahuha ng marriage contract nila

atty:
im pregnant po at may asawa ung bf ko.. plano po namin magpa fake marriage.. any grounds for it pag nalaman ng asawa nya? and may posibilities po ba na matanggal xa sa work nya pag na demanda kame ng asawa nya? if so anung case po un. thanks

malhen wrote:ms. ditas pano k nakahuha ng marriage contract nila

Try NSO

malhen wrote:ms. ditas pano k nakahuha ng marriage contract nila

Ms. Malhen nakuha ko yun 2nd marriage contact ng husband ko na kasi it so happen na nalaman ko din yun name ng kulasisi nya so yun ang binigay ko sa NSO name ng husband ko at ng kulasisi nya. Good luck sana makuha mo din.

numb2012 wrote:atty:
im pregnant po at may asawa ung bf ko.. plano po namin magpa fake marriage.. any grounds for it pag nalaman ng asawa nya? and may posibilities po ba na matanggal xa sa work nya pag na demanda kame ng asawa nya? if so anung case po un. thanks

Numb2012:
Iha just an advice, huwag mo ng ituloy yan, sabi mo fake marriage eh di walang patutunguhan yan, walang kwenta.niluluko mo lang sarili mo. You "cannot" claim legal rights dahil fake nga ang kasal nyo. So what good you can get from it.

Ipa-ako mo na lang sa kanya yun pinagbubuntis mo, yun lang ang habol mo ang karapatan ng baby mo sa sustento or support.

Advice ko lang ha, sana you wont take it heavy.

Good morning attorney, I find your site very informative and I would also like to share my situation. Last 2003, i got pregnant with my bf who made me believe that he is single. when I told him about my pregnancy, he admitted that he was already married. To the fear that I might be terminated from work and that my father would kill me, we still got married through the help of a friend. My friend told me that we need to declare that we have lived together for 5 years so we will not be required to get CENOMAR. After the marriage, we never had any communication since we pretended that he traveled abroad for work and just abandoned me and my son. Since I was a teacher that time, they change my surname in all of my documents. Even when i gave birth, my son got his surname since I have an NSO copy of our marriage contract. after 8 years, i learned about his whereabouts through facebook. He really worked overseas and earns good, while I got terminated from work. I'm currently working in a call center. I found out that he adopted a kid since they do not have a child. that's when i realized that my son should get what's for him. I want to file for child support and at the same time have our marriage be declared null and void. My fear is that, If I will file a case against him, can his wife counterfile against me? Will there be a chance that my marriage will be declared null and void without filing criminal case like bigamy? please enlighten me. Thank you and God bless

You are correct in thinking of pursuing your "ex" for the sake of your child.

Since it is not clear whether the PUTAtive father signed the birth certificate or has categorically acknowledged the child, you should file an action for recognition of a natural child with claim for child support

if he signed the birth certificate, send a demand letter then a complaint for economic abuse under ra 9262

thank you so much for the enlightenment, now i can take a step forward. God bless.

hi. i found out that my wife got married to another man in hk even if we are still married in the philippines. can i file bigamy case?

definitely, you can file a bigamy case in HK.

if you file it here, the popular belief is that it will be dismissed

This is depends if his wife is working and residence of Hong Kong also when did the marriage took. As Hong Kong nowadays has different law in marriages in comparison to when they are under British law before it was handed over last June 30, 1997. Chinese don't really take cases from outside if it is not under their jurisdiction. As before they marry foreigners in their country they verify them. So if the verification shows they are single they will not try to get involve with your case. Philippines law and Hong Kong law is very much different. Especially now that China and Philippines are having a grudge about Scarborough Shoal. If the subject is a residence of Hong Kong you might be able to chase after your wife. But if she is not residence they will not get involve with your case. Wait when she step back in Philippines then you might be able to request a Hold Departure Order IF she marries another Filipino and still a Filipino citizen or a dual passport holder. But if she is now Hong Kong citizen or from another country. No chance! Because in Hong Kong after many years Filipino can claim residency similar in Singapore. But if she is living to another country! No chance neither!

mrmany wrote:hi. i found out that my wife got married to another man in hk even if we are still married in the philippines. can i file bigamy case?

Marriage in Hong Kong or Singapore is like getting married in Las Vegas for foreigners! So it's not their business if the people who are getting married is already married somewhere else! The same as in Thailand lots of Thailander woman are married back home and yet foreigners take them abroad and marry them! Unless they are married to rich and influential person back home the government will not even care about their whereabouts abroad! But if the person is useless such as poor, public enemy number one or some ex convicted person or a person behind bars! Who's going to take notice of their case?

Interesting!

Good PM Atty, may question lang po ako in regards with bigamy case.

Noong June 2012, nagfile po ang asawa ng friend ko ng bigamy case against him..Nakakuha po ang Mrs.nya ng copy ng marriage certificate ng 2 kasal ng friend ko at CENOMAR na naka-indicate na kinasal nga sya ng 2 beses., yun po ginamit ng Mrs. nya as evidence sa preliminary investigation. Yun friend ko nag appear din naman sa prosecution hearing pero hindi sya nagsubmit ng counter affidavit.

November 4 2012,nagpunta po friend ko sa Macau to work at napabayaan na yun kaso nya,meaning hindi na sya nag-aattend ng mga prosecution hearing or preliminary investigation .Yun Mrs. din nya nagpunta na din ng Davao,at hindi na din naka attend ng mga prosecution hearing.

Last Feb.24 2014  nakatanggap siya ng letter from city prosecution saying that the prosecution office has found a probable cause para sampahan sya ng kaso.

Atty,paano po yun kasi tulad ng sabi ko yun Mrs. niya ay nasa Davao na at hindi na nya ma contact,Sabi ng friend ko hindi nya alam saan sa Davao nagpunta Mrs. nya.

Madederetso pa rin ba yun sa court kahit hindi mag-aappear ang kanyang Mrs? Automatic po ba yun na aakyat sa isang branch?.Di po ba kailangan uli magfile ng Mrs. nya ng case para ma-raffle at malaman saan pupuntang branch yun kaso?

Thank you! and more power! God Bless

Atty, ito po yun bahagi ng letter na received ng friend ko from prosecution office,para malaman nyo ang sinasaad sa letter....I intended to change the names & numbers to protect their identity and case.


Mrs. Lady X -Complainant
-versus-
Mr. Guy Y -Respondent

XX-12-AAA-0000
BIGAMY

RESOLUTION

Complainant claims that she married respondent on June 7 2003 at Ternate,Cavite. That she was surprised to find out that her husband again got married to one Girl Landy on April 22 2007 at Capricorn church in Makati City.Hence this complaint.

Respondent appeared during the scheduled preliminary investigation but failed to submit any controverting evidence.

The undersigned after a perusal of the evidence submitted finds a probable cause to warrant the filling of the offense charged.

Premises considered it is respectfully recommended that the attached information for BIGAMY be approved and filed in court.

Bail recomemended: as stated in the information.

Pasay City,Philippines, Dec. 15 2012


Signed: Jose Rizal
Assistant City Prosecutor


----------------
Atty, hindi na po nya alam kung saan at paano matatawagan ang kanyang Mrs.sa Davao..wala na kasi silang contact.In fact may balita siyang may kinakasama na din Mrs. nya.

Itutuloy pa ba yan sa court? Di po ba kailangan pa din mag-appear ng kanyang Mrs. para mag-file sa korte at ma raffle ang kaso. O itataas yan sa korte kahit wala Mrs. nya..Pls. help!

Thank you and God bless!


(my apologies kung padoble-doble ang post ko,gusto ko lang po kasi malinawan)

Medyo parehas kami ng problema ni Niknok

Kinasuhan ako ng asawa ko ng Bigamy, hindi din ako naka submit ng counter statement during our preliminary investigation.

Noong Mar.3 lumabas na yun sulat ng prosecution na may probable cause to charge me for Bigamy. Nagpunta po ako sa cityhall to check the status of my case at may RTC-branch na nga naka-assign sa case ko. RTC branch #110

Wala pa akong arraignment, wala pang schedule for trial, ang alam ko lang yun RTC branch na maghahandle ng kaso.

Yun Misis ko nasa Kuwait to work as DH,wala na kaming contact since May 2013.Paano na po yun kaso ko,matutuloy pa rin ba yun? may arrest warrant na rin kaya para sa akin? Atty, pls. paki advice lang po ako.

Salamat po.

Can i file a bigamy case against a guy who is now living in the US? his first marriage is to a Filipina also, so can i presume that the NSO has a copy of their marriage contract? How about if the 2nd wife is aware of his status when they got married? Can she be imprisoned too? What do i need to present that this woman was fully aware for her to be convicted? Since bigamy can be filed by anyone who has knowledge of the crime, can my name be omitted in the filing of the case? Thanks!

mimsy wrote:Can i file a bigamy case against a guy who is now living in the US? his first marriage is to a Filipina also, so can i presume that the NSO has a copy of their marriage contract? How about if the 2nd wife is aware of his status when they got married? Can she be imprisoned too? What do i need to present that this woman was fully aware for her to be convicted? Since bigamy can be filed by anyone who has knowledge of the crime, can my name be omitted in the filing of the case? Thanks!

If the second wife is aware of his previous marriage before marrying him, then they are both guilty of bigamy. You will need to produce enough evidence such as their authenticated marriage certificate from NSO and the copy of his marriage in the US. But the questionable fact here will be the jurisdictions. Not under Philippines jurisdictions then no case to stand on, but you can file the bigamy where the second marriage took place.

Wilbert_V wrote:Medyo parehas kami ng problema ni Niknok

Kinasuhan ako ng asawa ko ng Bigamy, hindi din ako naka submit ng counter statement during our preliminary investigation.

Noong Mar.3 lumabas na yun sulat ng prosecution na may probable cause to charge me for Bigamy. Nagpunta po ako sa cityhall to check the status of my case at may RTC-branch na nga naka-assign sa case ko. RTC branch #110

Wala pa akong arraignment, wala pang schedule for trial, ang alam ko lang yun RTC branch na maghahandle ng kaso.

Yun Misis ko nasa Kuwait to work as DH,wala na kaming contact since May 2013.Paano na po yun kaso ko,matutuloy pa rin ba yun? may arrest warrant na rin kaya para sa akin? Atty, pls. paki advice lang po ako.

Salamat po.

Depende yan kung umuuwi at umaattend sa hearing ang Misis mo, then maaaring umurong ang kaso, if not eh di nakabinbin lang ang kaso na sinampa nya sa iyo! kung kumpleto ang ebidensya nya na nag commit ka ng bigamy. kapag nabigyan na ng resolution, saka pa lang magkaka roon ng warrant.

Pano po kung both parties (husband and wife) ay nagpakasal ulet? Parehas po ba silang charge ng bigamy kung may mag file ng case?

If parehas sila, then both of them cannot sue each other for Bigamy. Please note that "those who come who come to court must come with clean hands". Meaning, kung parehas sila ginawa yun, wala sa manila pwede magkaso sa bawat isa, unless yung pinakasalan nila na pangalawa ay kasuhan sila.

Also, both 2nd marriages are void. Ang ibig sabihin, parehas yun walang bisa ngunit dapat ipa-declare yun sa court na walang bisa.