Married Men And Multiple Marriages: Philippine Law Perspective

Marriage in the Philippines is governed by the Family Code, which upholds the sanctity of marriage and the responsibilities that come with it. While the country recognizes marriages performed abroad, it does not recognize divorce. This means that a married man cannot legally marry another woman in the Philippines or abroad while his first marriage is still valid. However, there are ways to legally separate in the Philippines, including legal separation, annulment, and recognition of foreign divorce.

Criminal liabilities

In the Philippines, marriage is governed by the Family Code, which upholds the sanctity of marriage and the responsibilities that come with it. When a married man fathers a child with another woman, several legal consequences arise, including criminal liabilities.

Adultery and concubinage are criminal offenses under Philippine law. Adultery involves a married woman engaging in sexual relations with a man who is not her husband, while concubinage involves a married man cohabiting with a woman other than his wife under scandalous circumstances. If the relationship between the married man and the other woman meets the criteria for concubinage, the original wife may file criminal charges against them.

The birth of an illegitimate child may also affect the property relations between the married man and his wife. If the husband uses conjugal property to support the other woman or their illegitimate child, the wife may seek reimbursement or claim damages, as these acts can be considered a violation of the marriage vows and the administration of conjugal property.

Effect on property relations

Bigamy, or the act of marrying someone while still being legally married to another person, is a criminal offence in the Philippines. The crime of bigamy is committed when a person contracts a second or subsequent marriage without having legally terminated the first marriage through annulment, legal separation, or divorce. This law applies regardless of whether the subsequent marriage takes place within the Philippines or abroad, as long as the first marriage was recognised under Philippine law.

The Family Code upholds the sanctity of marriage and the responsibilities that come with it, and the country takes bigamy cases very seriously. If found guilty, the accused may face penalties, including imprisonment of up to 12 years and fines.

The birth of an illegitimate child, or a child born to parents who are not legally married to each other, may also affect the property relations between the married man and his wife. If the husband uses conjugal property to support the other woman or their illegitimate child, the wife may seek reimbursement or claim damages. This is because such acts can be considered a violation of the marriage vows and the administration of conjugal property.

In addition, the existence of an illegitimate child may expose the man and the other woman to criminal liabilities. Adultery and concubinage are criminal offences under Philippine law. Adultery involves a married woman engaging in sexual relations with a man who is not her husband, while concubinage involves a married man cohabiting with a woman other than his wife under scandalous circumstances. If the relationship between the married man and the other woman meets the criteria for concubinage, the wife may file criminal charges against them.

Annulment of marriage

The Philippines is the only country besides the Vatican that does not permit absolute divorce. There are three ways to dissolve a marriage in the Philippines: legal separation, annulment, and recognition of foreign divorce. Annulment is a declaration that a marriage never existed in the first place due to certain things that make it null and void.

Grounds for Annulment

According to Article 35 of the Family Code of the Philippines, the following are grounds for annulment:

• Lack of parental consent if one or both parties are between 18 and 21 years of age.
• Either party is of unsound mind.
• Fraud in obtaining the consent of either party, for example, pregnancy by another man.
• Force and intimidation in obtaining the consent of either party.
• Impotence or failure to consummate the marriage.
• Sexually transmitted disease which is incurable.

The following are grounds for annulment that render a marriage void from the beginning:

• Minority or under 18 years of age.
• Lack of authority of the solemnizing officer.
• No marriage license, unless exempt under the law.
• Bigamous or polygamous marriages.
• Mistake as to the identity of one of the parties.
• Subsequent marriages where the declaration of nullity of a previous marriage was not recorded in the partition or liquidation of the properties of the spouses or when there was no distribution of the presumptive legitime of the children.

Costs of Annulment

The cost of obtaining an annulment in the Philippines includes attorney's fees, which vary depending on the lawyer. Solo practitioners often bill on a fixed basis, while big law firms charge an hourly rate. Some firms offer payment plans. There are also additional costs, such as the psychological evaluation, which can range from 20,000 to 40,000 pesos for the report and appearance fee of the psychologist or psychiatrist. Other out-of-pocket expenses include transportation, filing fees, and publication costs if one spouse cannot be located or lives outside the Philippines.

Status of any children

In the Philippines, marriage is governed by the Family Code, which upholds the sanctity of marriage and the responsibilities that come with it. When a married man fathers a child with another woman, several legal consequences arise, impacting both the marital relationship and the rights and obligations towards the child.

Status of the Child

The child born out of such a relationship is considered an illegitimate child under Philippine law. According to the Family Code, an illegitimate child is one born to parents who are not legally married to each other. Illegitimate children have certain rights, including the right to use the father's surname and the right to support, but they do not have the same inheritance rights as legitimate children.

The legitimacy of a child can be impugned by the husband or his heirs within the period prescribed by law. According to Article 170, if the husband or his heirs reside in the same city or municipality as the birth took place, the action must be brought within one year of the birth or its recording in the civil register. If they reside elsewhere in the Philippines, the period is extended to two years, and if they reside abroad, it is three years. In cases where the birth of the child was concealed or unknown to the husband or his heirs, the period is counted from the discovery or knowledge of the birth or its registration.

It is important to note that the rights and obligations towards the illegitimate child are similar to those of legitimate children. The father is obligated to provide support for his illegitimate child, just as he would for his legitimate offspring.

Rights and obligations toward any children

In the Philippines, marriage is governed by the Family Code, which upholds the sanctity of marriage and the responsibilities that come with it. When a married man fathers a child with another woman, several legal consequences arise, impacting his rights and obligations toward the child and his marital relationship.

According to the Family Code, a child born to a married man and a woman who is not his wife is considered illegitimate. Illegitimate children have certain rights and protections under Philippine law, including:

• The right to use the surname of their father.
• The right to support from their father, similar to the obligations he has toward his legitimate children. This support should be primarily used for the child's support and secondarily for the collective daily needs of the family.
• The right to establish their filiation in the same way and on the same evidence as legitimate children.
• The right to inherit from their father—the legitime of each illegitimate child is one-half of the legitime of a legitimate child.

In terms of parental authority, the mother of an illegitimate child has authority over the child and is entitled to support. The father and mother of an illegitimate child are to jointly exercise legal guardianship over the child's property, unless there is a judicial order to the contrary. If the child's property or income exceeds a certain value, the parent managing the property may be required to furnish a bond to guarantee the performance of their obligations.

The birth of an illegitimate child may also affect the property relations between the married man and his wife. The wife may seek reimbursement or claim damages if the husband uses conjugal property to support the other woman or their illegitimate child, as this can be considered a violation of the marriage vows and the administration of conjugal property.

Frequently asked questions