MANILA, Philippines — The Supreme Court has ruled that only the innocent spouse—not the one who knowingly entered into a bigamous marriage—can seek its annulment.

In a decision penned by Associate Justice Ricardo R. Rosario, the Supreme Court En Banc denied a Filipina’s petition to declare her second marriage void on the grounds of bigamy.

Court records show that the petitioner was first married to a Chinese national in both Hong Kong and the Philippines. While working in Hong Kong, she engaged in an affair with a Filipino man, whom she later married upon returning to the Philippines.

Her first husband subsequently secured a divorce in Hong Kong, which a Parañaque court later recognized, effectively dissolving their marriage.

Fourteen years later, she separated from her second husband and filed a petition to nullify their marriage, citing bigamy. She also sought permission to remarry.

However, the Supreme Court ruled against her, emphasizing that only the innocent spouse in either marriage has the legal standing to challenge the validity of a bigamous union. In this case, the right belonged to her first husband, but he forfeited it after obtaining a divorce. 

This right, the Court clarified, did not transfer to the petitioner, who was deemed the guilty spouse.

The trial court and the Court of Appeals had earlier denied her petition for annulment, citing her lack of legal standing due to her participation in the bigamous marriage.

“It must be recapitulated that based on the rules and jurisprudence, the aggrieved or injured innocent spouse of either marriage has the sole right to file the petition for the declaration of nullity of the bigamous marriage,” the Supreme Court stated.

“Proceeding therefrom, it is implicit that such petition cannot be filed by the erring spouse,” it added.

The Court further warned that allowing such petitions from the guilty party “will give rise to a ridiculous situation wherein to invoke the bigamous nature thereof in support of the petition to nullify the same.”