effortless beauty wrote:Hi! I've been married 2005 but a week after the marriage, my husband and I had a big fight. Without my knowledge, kinuha pala nya sa Pastor na nagkasal sa amin ang marriage contract. ang sabi nya daw sya na magpaparegister. Binigay naman ng Pastor (lahat ng copies). Pero di nya pinaregister. Then we parted ways na, we have no children. 4 years later, I got married again (2009) .. ang tanong ko lang, may bisa ba kasal namin ng asawa ko ngayon? kasi di naman nakaregister yung kasal ko noon, at pati yung ex ko may asawa at pamilya narin.. anu pwede mangyare?
Thanks..
The Family Code provides:
Art. 2. No marriage shall be valid, unless these
essential requisites are present:
(1) Legal capacity of the contracting parties who must be a male and a female; and
(2) Consent freely given in the presence of the solemnizing officer. (53a)
Art. 3. The
formal requisites of marriage are:
(1) Authority of the solemnizing officer;
(2) A valid marriage license except in the cases provided for in Chapter 2 of this Title; and
(3) A marriage ceremony which takes place with the appearance of the contracting parties before the solemnizing officer and their personal declaration that they take each other as husband and wife in the presence of not less than two witnesses of legal age.
According to the Supreme Court, the
marriage contract is not an essential or formal requisite of marriage without which the marriage will be void. In addtion, the
ommission of the solemnizing officer to send a copy of the marriage certificate to the proper civil registrar will not invalidate the marriage.However, the said certificate is the best evidence that a marriage does exist.
Art 349 of Revised Penal Code which states:
Bigamy. -any person who shall contract a second or subsequent marriage before the former marriage has been legally dissolved, or before the absent spouse has been declared presumptively dead by means of a judgment rendered in the proper proceedings.
In other words, the elements of this crime are as follows:
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.
Hope the discussion answered your concerns.