Legal Opinion

October 22, 2014 Teresa M. Campos 95 Tindalo Street, Ayala Alabang Muntinlupa City

Dear Madam: Good day, I prepared this opinion with respect to the inquiries and issues you presented as to whether or not Roy may be liable for bigamy. The alleged marriage of Roy and Esther was obtained through fraud and violates one of the essential requisite of a valid marriage as stated in Article 2 of the Family Code: that consent of either party must be freely given in the presence of the solemnizing officer. It is clear that the marriage between Roy and Esther is void from the beginning.

You said that Esther’s father will file a complaint of bigamy against Roy if he marries you. Bigamy is a felony committed by any person, “who shall contract a second or subsequent marriage before the former has been legally dissolved.” Esther’s father’s threat of filing a bigamy case against Roy will not prosper because the elements of bigamy are lacking. The marriage of Roy and Esther is a void, and was obtained thru the use of fraud.

Regarding to your proposed planned marriage to Roy, Article 40 of the Family Code requires that before Roy marries you, he must file a declaration of absolute nullity of his previous marriage and wait until finality of the judgment. After that, you and Roy can marry each other without and impediment.

Esther’s father is liable for forging the documents and for insisting that Roy and Esther are legally married/ you can file a complaint against Esther’s father for violation of Article 360 of the Revised Penal Code which states: “if either of the contracting parties shall obtain the consent of the other by means of violence, intimidation or fraud, he shall be punished by the maximum period of the penalty provided in the next preceding paragraph.”

With respect to the rights of your future children, the remedy you should take is to have a marriage settlement provided in Article 121 of the Family Code. The Code states that: “the conjugal partnership shall be liable for: 1. The support of the spouse, their common children, and the legitimate children of either spouse; however, the support of illegitimate children shall be governed by the provisions of the Family Code on support. In this case the rights of your future children will be protected against any claim by the illegitimate child of Roy prejudicial to your future children.

Sincerely, Atty. Asiong Sales