see - sc.judiciary.gov.ph/jurisprudence/2013/july2013/191566.pdf
"x x x.
The Family Code has settled once and for all the conflicting jurisprudence on the matter. A declaration of the absolute nullity of a marriage is now explicitly required either as a cause of action or a ground for defense.37 It has been held in a number of cases that a judicial declaration of nullity is required before a valid subsequent marriage can be contracted; or else, what transpires is a bigamous marriage, reprehensible and immoral.38
What makes a person criminally liable for bigamy is when he contracts a second or subsequent marriage during the subsistence of a valid marriage.39 Parties to the marriage should not be permitted to judge for
themselves its nullity, for the same must be submitted to the judgment of
competent courts and only when the nullity of the marriage is so declared
can it be held as void, and so long as there is no such declaration, the
presumption is that the marriage exists. Therefore, he who contracts a
second marriage before the judicial declaration of nullity of the first
marriage assumes the risk of being prosecuted for bigamy.40 If we allow
respondent’s line of defense and the CA’s ratiocination, a person who
commits bigamy can simply evade prosecution by immediately filing a
petition for the declaration of nullity of his earlier marriage and hope that a favorable decision is rendered therein before anyone institutes a complaint against him.41
Respondent, likewise, claims that there are more reasons to quash the
information against him, because he obtained the declaration of nullity of
marriage before the filing of the complaint for bigamy against him. Again,
we cannot sustain such contention. In addition to the discussion above,
settled is the rule that criminal culpability attaches to the offender upon the commission of the offense and from that instant, liability appends to him until extinguished as provided by law and that the time of filing of the
criminal complaint or information is material only for determining
prescription.42
x x x."
