The 15-year time limit to file a bigamy case starts from the time the bigamous marriage was discovered and not from the date when the marriage document was registered with the government, the Supreme Court (SC) said.

The SC pointed out that since bigamous marriages are often kept secret, using the date of registration as the starting point for the time limit to file a case would make prosecution “almost impossible.”

The ruling was contained in a decision written by Associate Justice Samuel H. Gaerlan. It affirmed the Court of Appeals’ (CA) decision that found Erwin guilty of bigamy after marrying Elizabeth in 1999 while he was still legally married to two other women.

On bigamous marriages, Article 349 of the Revised Penal Code (RPC) states that “the penalty of prision mayor (six to 12 years) shall be imposed upon any person who shall contract 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 proceedings.”

A summary of the decision issued by the SC’s Office of the Spokesperson stated that Erwin first married Gemma in 1988. While the marriage was still subsisting, he married another woman in 1994 and then Elizabeth in 1999.

Erwin’s sisters learned about the third marriage in 2020 when they requested documents from the Philippine Statistics Authority (PSA) to claim their late mother’s benefits.

The sisters filed a bigamy case against Erwin and Elizabeth in 2021, or 22 years after Erwin’s marriage to Elizabeth.

Before the trial court, Erwin argued that the case was filed too late and had prescribed. He claimed that his sisters knew of his marriage to Elizabeth since 1999.

On June 27, 2022, the regional trial court (RTC) convicted Erwin and Elizabeth of bigamy. Erwin was sentenced to a prison term ranging from four to eight years, while Elizabeth – as an accomplice – was meted out a jail term ranging from six months to four years.

Only Erwin appealed before the CA which affirmed the trial court’s decision. He then elevated the case to the SC.

In resolving the appeal, the SC said that a case for bigamy must be filed within 15 years from the time the second marriage is actually discovered, not just registered.

It said that Erwin’s sisters learned about the marriage only in 2020, and he could not prove that they had been aware of it since 1999. He also admitted that no family members attended the civil wedding which was solemnized in a different province.

It pointed out that the use of evidentiary presumption in the bigamy case was sufficient to establish Erwin's guilt beyond reasonable doubt since the existence and authenticity of the public documents was admitted by him during trial.

The SC ruled:

“The penalty imposed by the RTC and the CA being proper, the same is also affirmed.

“Accordingly, the instant Petition for Review on Certiorari is denied. The Decision dated Sept. 8, 2023 and the Resolution dated Jan. 19, 2024 of the Court of Appeals, Cagayan de Oro City, in CA-G.R. CR No. 02312-MIN are hereby affirmed. So ordered.”