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Can you file civil case for property without filing Bigamy?

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adomicbomb


Arresto Menor
Hello Attorneys,

I would just like to ask, could person A file a civil case for property settlement from Persons B and C without filing a Bigamy case?

Person A claims to be the first wife of Person B. What would be the basis of this civil case for property settlement if marriage of Person B and C has not yet been annulled by the court? Wouldn't a decision declaring Bigamy be absolutely essential before any civil suit would have any basis?

Thank you!

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attyLLL


moderator
yes it is possible. a crim case is not required.


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adomicbomb


Arresto Menor
Ah ok, I understand now.

In such a civil case, the accuser would still have to annul the marriage of the second couple right? Does a civil court have the power to annul a marriage?

Thanks!

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attyLLL


moderator
even in the crim case, the marriage will not be annulled. if the objective is just getting the property, challenging the validity of the second marriage is not a requirement. she can just petition for legal separation or separation of property.


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adomicbomb


Arresto Menor
If the validity of the second marriage won't even be examined, then just any random woman can come up and accuse a random man of being her first husband and walk away with his property? No examinations or verification of her claims? this can't be right attorney.

What if she is lying? what defense does the innocent accused have if their marriage's validity won't even be looked on?

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adomicbomb


Arresto Menor
It's not as simple as a judge being presented two marriage certificates and saying "Aha! this one is on an earlier year, this is the real wife... the second is not.... let's proceed to property separation."

In my sample case the two certificates have major discrepancies. The age of the man is different on both certificates. The signature of the man is also different on both certificates. Further, the accuser cannot provide even a single ID of her alleged husband. Not even a birth certificate.

The only document the accuser holds is her marriage certificate, one that has these discrepancies with the second marriage certificate. There needs to be a forum where the court must hear evidences and hear testimonies. It's not a simple yes or no question. In a case like this, wouldn't a court case verifying the accuser's claim that she is the first wife PRECEDE discussions on property since there is so much doubt if her claims are legitimate or mere forgery?



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attyLLL


moderator
i do not believe that is what i said. hopefully deeper research will help you in your queries:

http://sc.judiciary.gov.ph/search/index.php?cx=011534559016285832868%3A3vlgertfrly&cof=FORID%3A9&ie=UTF-8&q=bigamy&button=SEARCH

http://sc.judiciary.gov.ph/search/index.php?cx=011534559016285832868%3A3vlgertfrly&cof=FORID%3A9&ie=UTF-8&q=%22bigamous%22&button=SEARCH


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adomicbomb


Arresto Menor
I may have interpreted it wrong. When you said "challenging the validity of the second marriage is not a requirement" I understood that to be that the court would not give time for the accused to explain or defend themselves. That the accuser's claims are held at face value and judgement in her favor is automatic without even the benefit of a trial.

All I really need to know is if the accused will be given an opportunity to rebut the accusations against them even if the validity of their marriage is not up for examination.

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attyLLL


moderator
of course, everyone is entitled to be heard.


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