BIGAMY | ARTICLE 349, REVISED PENAL CODE | DEFENSES OF VOID MARRIAGE & MUSLIM MARRIAGE

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Revised Penal Code

Chapter Two
ILLEGAL MARRIAGES

Art. 349. Bigamy. — The penalty of prision mayor shall be imposed upon 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.

Article 40 of the Family Code of the Philippines provides that:

“Art. 40. The absolute nullity of a previous marriage may be invoked for purposes of remarriage on the basis solely of a final judgment declaring such previous marriage void.“


PD 1083 - Code of Muslim Personal Laws of the Philippines
Section 3. Subsequent Marriages

Article 27. By a husband. Notwithstanding the rule of Islamic law permitting a Muslim to have more than one wife but one wife unless he can deal with them with equal companionship and just treatment as enjoined by Islamic law and only in exceptional cases.

Chapter One
RULE OF BIGAMY

Article 180. Law applicable. The provisions of the Revised Penal Code relative to the crime of bigamy shall not apply to a person married in accordance with the provisions of this Code or, before its effectivity, under Muslim law.