Expired cases

While gathering documents for the scholarship application of my child earlier this year, I found out that my husband married another woman on 8 August 2008, eight years after we were married in 2000. I want to file a case for bigamy against my husband, but my friend said I only had 15 years to file the case. Since it has been 17 years since my husband’s second marriage, is my friend right that my right to file the case already expired?

Kristine

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Dear Kristine,

Bigamy is a public offense and a crime against status, having a penalty of prision mayor, an afflictive penalty, which crime prescribes in 15 years from discovery by the offended party, the authorities, or their agents.

Due to the nature of the crime of bigamy, understandably, discovery by the offended party is rendered more difficult as the offender generally enters the bigamous marriage in secrecy from the spouse of the previous subsisting marriage. It is not only discovery by the offended party that commences the prescription of the offense of bigamy — discovery by the authorities also commences the prescription period.

If you and your husband were legally married in 2000 and he married again in 2008, you, as the offended party, may file the complaint for bigamy within 15 years from discovery. The counting of the 15 years is not from the date of the second marriage, but from the date that the second marriage was discovered.

Thus, unless it is shown that you, the authorities or their agents knew of the subsequent marriage earlier or more than 15 years ago, and since you discovered the marriage only this year, prescription does not bar or prevent you to file the case for bigamy.

(Erwin Bonbon y Tia vs. People of the Philippines, G.R. No. 272844, 24 February 2025)

Atty. Kathy Larios