Problem : M married F here in the Philippines. Both are Filipino citizens. After years of marriage, M contracted a second marriage in a foreign country after obtaining a divorce therein.
Answer: The State has jurisdiction over its national (nationality principle/personal jurisdiction) anywhere in the world, based on the theory that a national is entitled to the protection of the State and thus he is bound to it by duty of obedience and allegiance, unless he is prepared to renounce his nationality.
One of the clear assertion of this personal jurisdiction by the Philippines is found in Artcicle 15 of the Civil Code which provides that “laws relating to family rights and duties, or to the status, condition and legal capacity of persons, are binding upon citizens of the Philippines , even living abroad. This principle does not, however apply to criminal offenses.
Is there Bigamy?
As provided for in the Revised Penal Code Bigamy is a criminal offense, a crime not against a private person but against the state. This crime is committed when :
i) offender has been legally married
ii) that the marriage has not been legally dissolved
iii) offender contracts a second or subsequent marriage
iv) second or subsequent marriage has all the essential requisites for validity
There is a crime of bigamy. Philippines cannot claim personal jurisdiction over M because it is a criminal offense. But Philippines thru subjective territoriality can claim jurisdiction over the crime committed by its national even if it is completed outside its territory.
Thus, provided that the following elements of the crime of Bigamy are present in the second marriage of M he can be prosecuted for Bigamy.
Is the divorce obtained by M in a foreign country valid?
Under the Revised Penal code it only recognizes a divorce obtained outside the country as valid if the marriage was contracted elsewhere not in the Philippines, regardless if both are Filipinos or one is an alien.
Therefore, since the first marriage of M took place in the Philippines the divorce obtained by M was generally not sufficient provided M goes there for the sole purpose of obtaining a divorce and no intention of remaining. Generally, his residence there is not sufficient to confer jurisdiction on the court of the foreign state.
Is the second marriage legal?
The second or subsequent marriage of M is void ab initio as provided for by law being bigamous in nature.
Answer: The State has jurisdiction over its national (nationality principle/personal jurisdiction) anywhere in the world, based on the theory that a national is entitled to the protection of the State and thus he is bound to it by duty of obedience and allegiance, unless he is prepared to renounce his nationality.
One of the clear assertion of this personal jurisdiction by the Philippines is found in Artcicle 15 of the Civil Code which provides that “laws relating to family rights and duties, or to the status, condition and legal capacity of persons, are binding upon citizens of the Philippines , even living abroad. This principle does not, however apply to criminal offenses.
Is there Bigamy?
As provided for in the Revised Penal Code Bigamy is a criminal offense, a crime not against a private person but against the state. This crime is committed when :
i) offender has been legally married
ii) that the marriage has not been legally dissolved
iii) offender contracts a second or subsequent marriage
iv) second or subsequent marriage has all the essential requisites for validity
There is a crime of bigamy. Philippines cannot claim personal jurisdiction over M because it is a criminal offense. But Philippines thru subjective territoriality can claim jurisdiction over the crime committed by its national even if it is completed outside its territory.
Thus, provided that the following elements of the crime of Bigamy are present in the second marriage of M he can be prosecuted for Bigamy.
Is the divorce obtained by M in a foreign country valid?
Under the Revised Penal code it only recognizes a divorce obtained outside the country as valid if the marriage was contracted elsewhere not in the Philippines, regardless if both are Filipinos or one is an alien.
Therefore, since the first marriage of M took place in the Philippines the divorce obtained by M was generally not sufficient provided M goes there for the sole purpose of obtaining a divorce and no intention of remaining. Generally, his residence there is not sufficient to confer jurisdiction on the court of the foreign state.
Is the second marriage legal?
The second or subsequent marriage of M is void ab initio as provided for by law being bigamous in nature.
