Can a Man Legally Re-Marry If His Wife Declared Him Presumptively Dead 20 Years Ago—and Then Re-Married Herself?

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.