Infidelity

Dear Atty. Peachy,

After three years together, I discovered that my husband had been lying to me about his marital status. Not only is he already married, but I also learned that he has a child with his wife, who has been part of his life for the past six months. This shocking revelation has left me feeling utterly devastated and betrayed.

The truth came out when I accessed his Facebook through a mutual acquaintance, as I was worried about his sudden disappearance and lack of communication. I remembered him saying he was busy with a “project” when in reality, he and his first wife had reconciled. I never imagined I would find myself in this distressing situation, and I feel like I have no way out.

Given these circumstances, I would like to know if there are legal actions I can take against him for his deceit, particularly regarding the implications of bigamy under Philippine law. Can I file a case against him for lying about his marriage? What are my rights in this situation, and what steps should I take to seek justice for the emotional toll this has taken on me?

Thank you for your time and understanding.

Joan

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Dear Joan,

I am genuinely sorry to hear about the distressing circumstances you are facing. Discovering that a partner has been dishonest about their marital status is not only painful but also leaves you in a precarious position.

Under Philippine law, bigamy is classified as a crime under Article 349 of the Revised Penal Code. If your partner is legally married to someone else and has not gone through the annulment process, he has indeed committed bigamy. You have the right to file a criminal case against him based on this violation.

The implications of bigamy extend beyond criminal consequences. The second marriage is considered void ab initio, meaning it has no legal effect from the outset due to the existence of the first marriage. This status can have various implications, including the nullification of any rights and responsibilities associated with the second marriage, such as property rights or issues related to child custody and support. If you have been living together or if you have children, these factors will also need to be addressed separately, as they can be complex when it comes to legal rights and responsibilities.

To move forward, collect all relevant documentation regarding your relationship, including communications, photographs, and the marriage certificate of your partner’s first marriage. Strong evidence will support your case and clarify the facts. You can file a complaint for bigamy in the Regional Trial Court of the place where the second marriage was contracted or where the marriage certificate was registered.

While you cannot directly sue your partner for emotional distress, the bigamous act itself is a criminal offense. Pursuing this route may hold him accountable for his deceit and could provide you with some measure of justice. Furthermore, as a victim of your partner’s deceptive actions, you have the right to seek justice.

I wish you strength as you take the necessary steps to seek justice in this matter. Your experience serves as a powerful reminder of the importance of honesty and integrity in relationships.

Atty. Peachy Selda-Gregorio