In Bonbon v. People (G.R. No. 272844, 24 February 2025), the Supreme Court ruled that the prescriptive period for bigamy should not be counted from the registration of the bigamous marriage but from the discovery thereof. This is because in bigamy, the second marriage is generally held in secret, which renders the discovery thereof difficult. The application of constructive notice would render the prosecution of violators of the crime impossible.
Here, the bigamous marriage was celebrated in 1999 in Bukidnon, away from the first wife’s residence in Misamis Oriental. It was only discovered by the innocent wife in 2020 and the case was then filed in 2022. There was also no proof that the innocent wife knew of the bigamous marriage earlier. Prescription did not bar the prosecution of the offense.