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Bigamy Case
Bigamy Case
"It is settled that in bigamy, both the first and second spouses may be the offended parties depending
on the circunstances." ( Garcia vs. CA, g.r. no. 119063, jan 27, 1997.
Also, in People vs. Capili (700 SCRA 443), where the second spouse was allowed to file a criminal
complaint for Bigamy against the person they married who turned out to be married to someone else.
Thus, on the question as to whether C can file a bigamy case against B, the answer is in the affirmative.
On the other hand, as to the question of whether C can file a bigamy case against D, I would say she can
but she may be impleaded in the bigamy case and later may be found as accomplice.
Basis: Bigamy is a public crime. Therefore, a third party may file such case against the alleged offender.
What is important in the crime of bigamy is that the offender, being validly married previously,
knowingly contracted a subsequent marriage.
In this case, C may file a bigamy case against D. C, however, must have personal knowledge of the
circumstances of the case of bigamy. C must have personal knowledge that B was previously married to
A and that B subsequently contracted marriage with D. This, however, may affect and prejudice C's
bigamy case filed against B. C may later on, because of such personal knowledge, be impleaded as co-
accused and be considered as accomplice in the bigamy case against B.