What is the liability of the third party in a bigamous marriage?

We know that any person who shall contract a second or subsequent marriage before the former marriage has been legally dissolved can be found guilty of the crime of bigamy. (Art. 349, Revised Penal Code). But what happens to the partner of the bigamist?

Nicanor was married to Estela in 1974. In 1997, Nicanor married Leonila. As such, Leonila was charged with bigamy. Nicanor is definitely guilty of bigamy. But what about Leonila? She is also guilty of bigamy, but not as a principal. She is guilty as an accomplice.

In Philippine criminal law, an accomplice is given a penalty one degree lower than that of a principal.  A principal in a case for bigamy, i.e. the person who contracts a second or subsequent marriage during the subsistence of a valid one, is facing an imposable penalty prision mayor, or six (6) years and one (1) day to twelve (12) years. This means that an accomplice, such as Leonila, is facing an imposable penalty of prision correccional, or six (6) months and one (1) day to six (6) years.

(Santiago v. People of the Philippines, G.R. No. 200233, 15 July 2015)

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