A man lost contact with his wife 20 years ago when she went abroad. Unknown to him, she had him declared presumptively dead by a court and later remarried.
Now that he’s reappeared and wants to start over, can he legally remarry too?
Let’s unpack this complex scenario.
1. Can he re-marry based on the old declaration of presumptive death?
No.
The court’s declaration of presumptive death was issued to protect his wife, the present spouse—not him. His original marriage was never annulled, dissolved, or terminated by physical death. So, if he marries without taking legal steps, his second marriage would be bigamous and criminally liable under Philippine law.
This is supported by Article 41 of the Family Code and key rulings like Manuel v. People of the Philippines (G.R. No. 165842, November 29, 2005) and SSS v. Bailon (G.R. No. 165545, March 24, 2006). The law shields only the spouse who acted
in good faith with a valid court declaration—not the one who was
presumed dead.
2. What happens
to the wife’s second marriage now that he’s reappeared?
If the wife
remarried in good faith after a valid court declaration, her second marriage is
presumed valid—even if the first husband resurfaces. His reappearance does not
automatically nullify the second marriage. He can, however, file an affidavit
of reappearance to terminate it, under Article 42 of the Family Code.
But if her second
marriage was entered into in bad faith, it may still be void.
3. What must
the man do to move forward?
If he wants to
remarry, he should file a Petition to Declare the First Marriage Void
(e.g., under psychological incapacity per Article 36) or seek annulment under
Article 45. He does not need to file an affidavit of reappearance if he
doesn't intend to disturb his wife's new marriage.
4. Suggested
Course of Action
With a lawyer’s
help, he may:
- File a Petition for Nullity under Articles 35 or 36; or
- Ask his former wife to file one instead.
This process
usually requires:
- Psychological evaluation (for Art. 36
cases)
- PSA Marriage Certificate and CENOMAR
- Address of the spouse (for summons) or
service by publication
- Supporting witness testimony
If he’s willing to
move on without reviving the first marriage—or interfering with the second—this
is the most prudent legal path.
🔍 Note: This post is for general information. Legal
outcomes vary depending on individual facts. Always consult a lawyer for
personal advice.
