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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. Proceeding therefrom, it is implicit that such petition cannot be filed by the erring spouse. Otherwise, it will give rise to a ridiculous situation wherein the party who contracted the illicit subsequent marriage is permitted to invoke the bigamous nature thereof in support of the petition to nullify the same. This results in a legal absurdity, as the offending spouse is essentially empowered to dissolve the marriage at will. In the latter case, instead of being treated as a transgression warranting redress, bigamy will be treated by the erring spouse as a matter of convenience.
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. Proceeding therefrom, it is implicit that such petition cannot be filed by the erring spouse. Otherwise, it will give rise to a ridiculous situation wherein the party who contracted the illicit subsequent marriage is permitted to invoke the bigamous nature thereof in support of the petition to nullify the same. This results in a legal absurdity, as the offending spouse is essentially empowered to dissolve the marriage at will. In the latter case, instead of being treated as a transgression warranting redress, bigamy will be treated by the erring spouse as a matter of convenience.