mimsy wrote:Can i file a bigamy case against a guy who is now living in the US? his first marriage is to a Filipina also, so can i presume that the NSO has a copy of their marriage contract? How about if the 2nd wife is aware of his status when they got married? Can she be imprisoned too? What do i need to present that this woman was fully aware for her to be convicted? Since bigamy can be filed by anyone who has knowledge of the crime, can my name be omitted in the filing of the case? Thanks!
Bigamy is the act of "marrying again" while the first marriage is still subsisting. Defined under Article 349 of the RPC as the contracting of 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 proceeding.
Referring to this, IMO, only the person (guy) who contracted the second marriage can be sued. Even if the second wife is aware of the first marriage, she cannot be charged.