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Bigamy, who may file and where can it be filed?

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shella_isme


Arresto Menor
Mr. A was married to Mrs. B in 2003 in Pennsylvania, USA......
In 2012, Mr. A came to the Philippines and contracted marriage to
Ms. C in Imus, Cavite. Now, Mrs. B found out about the 2nd marriage and decided to file a case, since Mrs. B is in Pennsylvania, she wants the police officer of the Philippines to file the case against her husband. But it was found out that, Mr. A is now in Missouri, USA.

Who may file bigamy?
Can the Police officer file a case of bigamy in behalf of Mrs. B?
Where should the case be filed?

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AWV


Reclusion Perpetua
Who may file bigamy? Only Mrs. B and it should be file in the Philippines as the second marriage happens in the Philippines therefore it's under Philippines jurisdictions. Police has got nothing to do and has no right of filing a case against Mr. A only Mrs. B can do it!
Can the Police officer file a case of bigamy on behalf of Mrs. B? NO
Where should the case be filed? Only in the Philippines as it's out of US jurisdiction and the second marriage is not contracted in the same country as the first marriage, so he didn't commit bigamy in the US.

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Ms_Ditas


Arresto Menor
Actually anyone (not only the offended spouse) can file the case of bigamy as long that he/she can prove that the offender spouse remarried again without the 1st marriage declared dissolved or that the offended spouse has not been declared dead or presumed dead.

Its better if the offended spouse (or petioner) can provide or show both marriage certificate and the CENOMAR

Bigamy case should be filed where the bigamous marriage is contracted...ex: if the bigamous marriage is contracted in Paranaque then the case shoud be filed in Paranaque

I have my own experience on these since I filed a case against my husband

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Ms_Ditas


Arresto Menor
AWV wrote:Who may file bigamy? Only Mrs. B and it should be file in the Philippines as the second marriage happens in the Philippines therefore it's under Philippines jurisdictions. Police has got nothing to do and has no right of filing a case against Mr. A only Mrs. B can do it!
Can the Police officer file a case of bigamy on behalf of Mrs. B? NO
Where should the case be filed? Only in the Philippines as it's out of US jurisdiction and the second marriage is not contracted in the same country as the first marriage, so he didn't commit bigamy in the US.

As to my bigamy case against my husband it was successfully filed by my sister first then I just continued the case..me and my husband was also married in the US, and we found out that he remarried again in Paranaque..so filed the case of bigamy..though admittedly slow since my husband went back to the US..we need to wait for him to come back here in the Philippines,before the actual trial started..also the prosecutor and the judge accepted our marriage contract in the US.

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AWV


Reclusion Perpetua
Ms_Ditas wrote:
As to my bigamy case against my husband it was successfully filed by my sister first then I just continued the case..me and my husband was also married in the US, and we found out that he remarried again in Paranaque..so filed the case of bigamy..though admittedly slow since my husband went back to the US..we need to wait for him to come back here in the Philippines,before the actual trial started..also the prosecutor and the judge accepted our marriage contract in the US.

But we're you both American Citizen at the time he got married in the Philippines? If you are still Filipino or dual citizen then you are right to file the bigamy case against him in the Philippines as this is where he had his second married. But you can't file the bigamy case against him in the US because he wasn't married twice under US jurisdictions.

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