The Family Code clearly provides that a court declaration of presumptive death of a spouse is indispensable before the other spouse may marry again. Failure to comply with this requirement results not only in a void second marriage, but also opens the guilty spouse to a criminal charge of bigamy. The requirements for the declaration of presumptive death are discussed below.
Article 41 of the Family Code reads:
Art. 41. A marriage contracted by any person during subsistence of a previous marriage shall be null and void, unless before the celebration of the subsequent marriage, the prior spouse had been absent for four consecutive years and the spouse present has a well-founded belief that the absent spouse was already dead. In case of disappearance where there is danger of death under the circumstances set forth in the provisions of Article 391 of the Civil Code, an absence of only two years shall be sufficient.
For the purpose of contracting the subsequent marriage under the preceding paragraph the spouse present must institute a summary proceeding as provided in this Code for the declaration of presumptive death of the absentee, without prejudice to the effect of reappearance of the absent spouse.
In other words, an absence of 4 years, it being unknown whether the other spouse is still alive and the present spouse has a well-founded belief that the missing spouse is already dead, is a ground to ask the court for a declaration of presumptive death (this is a summary proceeding, not a special proceeding). The 4-year period, however, is reduced to 2 years in the following circumstances:
- 1. A person on board a vessel lost during a sea voyage, or an aeroplane which is missing, who has not been heard of for [two] years since the loss of the vessel or aeroplane.
- 2. A person in the armed forces who has taken part in a war, and has been missing for [two] years.
- 3. A person who has been in danger of death under other circumstances and his existence has not been known for [two] years.
There are 4 requisites for the declaration of presumptive death under Article 41 of the Family Code:
- 1. That the absent spouse has been missing for four consecutive years, or two consecutive years if the disappearance occurred where there is danger of death under the circumstances laid down in Article 391, Civil Code.
- 2. That the present spouse wishes to remarry.
- 3. That the present spouse has a well-founded belief that the absentee is dead.
- 4. That the present spouse files a summary proceeding for the declaration of presumptive death of the absentee.
As mentioned above, failure to seek a judicial declaration of presumptive death opens a party who contracts a second marriage to a charge of bigamy. The reason is this –
In a real sense, there are three parties to every civil marriage; two willing spouses and an approving State. On marriage, the parties assume new relations to each other and the State touching nearly on every aspect of life and death. The consequences of an invalid marriage to the parties, to innocent parties and to society, are so serious that the law may well take means calculated to ensure the procurement of the most positive evidence of death of the first spouse or of the presumptive death of the absent spouse after the lapse of the period provided for under the law. One such means is the requirement of the declaration by a competent court of the presumptive death of an absent spouse as proof that the present spouse contracts a subsequent marriage on a well-grounded belief of the death of the first spouse. Indeed, “men readily believe what they wish to be true,” is a maxim of the old jurists. To sustain a second marriage and to vacate a first because one of the parties believed the other to be dead would make the existence of the marital relation determinable, not by certain extrinsic facts, easily capable of forensic ascertainment and proof, but by the subjective condition of individuals. Only with such proof can marriage be treated as so dissolved as to permit second marriages. Thus, Article 349 of the Revised Penal Code has made the dissolution of marriage dependent not only upon the personal belief of parties, but upon certain objective facts easily capable of accurate judicial cognizance, namely, a judgment of the presumptive death of the absent spouse.
To be sure, this appears to be a relatively easier way of contracting another marriage. The problem, however, is that the second marriage is easily voided by the appearance of the “absentee” spouse (void ab initio or void from the beginning if both parties to the second marriage contracted the marriage in “bad faith”). The Family Code provides:
Art. 42. The subsequent marriage referred to in the preceding Article shall be automatically terminated by the recording of the affidavit of reappearance of the absent spouse, unless there is a judgment annulling the previous marriage or declaring it void ab initio.
A sworn statement of the fact and circumstances of reappearance shall be recorded in the civil registry of the residence of the parties to the subsequent marriage at the instance of any interested person, with due notice to the spouses of the subsequent marriage and without prejudice to the fact of reappearance being judicially determined in case such fact is disputed.
So, is a judicial declaration of presumptive death better than seeking an annulment or a declaration of nullity of the second marriage? There are no hard and fast rules. Suffice it to state that “the automatic termination of the second marriage upon the reappearance of the absent or missing spouse is a risk that the paties to said marriage knew they were taking when they entered into such marriage, so that if it does happen, they have no reason to complain” (Justice Alicia Sempio-Diy, Handbook on the Family Code of the Philippines).
Seemingly, the remedy available is for the spouse to seek annulment of her marriage with the presumed dead spouse. If granted, the reappearance of the latter spouse will not anyway affect the subsequent marriage contracted. That is following Art. 42 of the Family Code.
I am in quandary though. What if both spouses had each other declared presumed dead for them to be able to contract subsequent marriage? Is it not that this provision opens up possibility of abuse and a less expensive and speedier remedy? It indeed, encourages collusion between the parties!
That’s a very good point you raised, Prosec. Indeed, it allows a scenario wherein both spouses will collude. Still, this is not a guarantee that no one will subsequently question the “fact” of disappearance, considering that Art. 42 is wide open for interpretation, particularly the provision on “any interested person” who can file an affidavit attesting to the fact of reappearance.
Ibang kaso rin s akin atty. May ka live in po ako almost 9yrs. Kaming nagsama.. Hindi kami nakasal kasi may asawa xa pero tagal na clang hiwalay. Hanggang sa ilang taon kami nagsama nagnegosyo kami ng dahil sa pinaghirapan namin nkabili kami ng mga apliances at motor..dahil po sa may sakit xa, namatay xa ng wla kaming anak..
Ngayon po, ang mga magulang ng kinakasama ko ay kinuha lahat ang mga appliances at ang motor na ni isang kusing hindi cla nagbigay para pambili, pinaghirapan namin un.. Kasi rason nila wla naman dw kaming anak tapos hindi kami kasal.. Ano po bang dapat kung gawin kung babawiin ko sa kanila lahat na kinuha nila? Salamat po sa tulong..
Atty Jek, personal examination of the respondent or the absent spouse is not a sine qua non for the declaration of nullity of marriage based on psychological incapacity. You may refer to Marcos vs. Marcos and related cases. Hope this helps.
I was just wondering if annulment is the proper remedy under Philippine law. Annulment presupposes that the marriage was invalid from the start by reason of psychological incapacity. A declaration that the absent spouse was presumptively dead doesn’t seem to constitute psychological incapacity unless his or her disappearance was a result of the alleged psychological incapacity. In terms of presenting the evidence before the court, e.g. a psychiatrist, how can the psychiatrist testify that a person is psychologically incapacitated when the expert witness has not observed the person because he or she is nowhere to be found?
Atty. Fred,
I dont really know if you could answers this question of mine but i will just try. When i was still there in the Philippines, i went to the NSO office so many times to check if i do have a marriage record but i didnt get anything that says that i was married even i checked it in different spelling. So now my ex-husband got a record that says i was married before i just wondering why he got it. In fact, i got my Proof of Singleness thats why we got married in the Philippines last 2004. in short, he used my past as his ground for annulment. Atty, i dont really know what to do cause all my papers are original from NSO and why they didnt give me a copy that i was married before, its hurts me so much i think its very unfair cause now im so confused i dont know what to do. I dont know who’s fault it was, im thinking it was NSO’s faults because why they didnt give me a record that i was married before i entered into another marriage. But now why they have papers when my ex-husband checked my record at the NSO? hoping your reply soon, thanks and God bless.
Eiruj, please check the article on Annulment, Divorce and Legal Separation Q&A. Check Q&A No. 7. It basically says that the existence of marriage is not proved solely by the marriage certificate. Someone who got married knows of such fact. Good luck.
Greetings in the name of the Lord!
I just want to consult you on legal matters about separation or annulment.
I am a single mother of two. My kids are in the Philippines and I am here in Canada. I got married in 1993(a month before i gave birth to our first child) and he left us (me and kids) after i gave birth to my second child. That was just a year after we got married. But prior to that, he wasnt coming home when I was pregnant with the 2nd baby. I haven’t seen him since then neither talked to him on the phone. In other words, I don’t know his whereabouts.
Right now, my papers are in the process for the permanent residency in Canada. The problem is, they are asking me to give them a proof of annulment, legal separation or a divorce paper since I stated in my application that I am separated. Would it be possible to get an annulment done without going through court trials? If not, then what advice could you give me to get a quick proof of separation?
I am separated (illegally) for 12 years now. Is it true that the marriage is automatically annuled now?
Please advise… Thank you so much
I am a 55 year old European expatriate living and enjoying generally here in the Cebu.
After living together with a woman and had a child for five years, she filed for presumptive death for her former husband who left her some 20 years ago, while she was pregnant.
On the basis of this presumptive death we married a year ago.
After marrige her attitude changed to the worst. She is permanently blaming me with adultery ( how could she proof?) and making my life miserable. She likes to treat me like her personal property which I cannot accept.
I married her on the ground of giving my son a legal status and enable her later to take over my pension claim.
Now i found out her husband of 57 years age might still living in Manila.
How do I have to proof. her former (Filipino ) husband will definitely not show up by himself as he is fearing repressions from her family.
I want to get out of that because I am afraid she is working very hard on an adultery case against me.
Any advice?
My wife left me since 1984 and from that time on I don’t have any idea where she was except that maybe she could still be somewhere in Mindanao, her hometown. I didn’t follow her at that time because I’m not interested in taking her back. I didn’t take time correcting my status because I did not intend to remarry again until I met this special someone. Now, I planned to have my previous marriage annulled by filing presumptive death of my absent spouse. Is this the right approach and what are the chances that I’ll be granted ? How long does this process take?
I’m really looking forward to hearing from you soon. Thank you
Macel, while I can’t go into the details of your case, I could say that there’s no such thing as having an annulment “without going through a court trial” or an automatic annulment. There are 2 kinds of separation – de facto and de jure. De facto means that you’re just separated as a fact, without any court order (which is the de jure…also known as legal separation). Good luck.
John, I’m sorry to hear about your predicament. You may have noticed that legal advice is not given in this Forum. I don’t want to keep on repeating that, but I have to in order not to offend many members of the Forum. Of course, I could think of remedies that may apply to your situation (as in the other members), but I believe that this is something that should be discussed with your lawyer. I strongly suggest you both work it out. If not, you probably should see your lawyer.
Deesian, I believe I already answered you questions somewhere. If I haven’t given any answer, please let me know.
Hello,
Atty. Fred,
Sana po matulungan niyo ako ano po ba dapat kung gawin i was married last december 2006, im married with american then after that hindi na cya bumalik hangang sa mawala na communication namin.. so ini insist ko po na marriege our marriege did not really exist kc pag katpos po ng wedding namin bumalik na cya then hindi na cya bumalik..ano po ba maganda dito para po ako makakuha ng legal separation…and then nagkamali ako kasi pinasa ko agad sa NSO yong marreige certificate namin from local registrar kaya nahirapan na po ako..salamat po
More power to you..
Cezz
hi atty!
i hope can give me good advice about my problem, im been separated since 1996 and last year i filed my marriage annul, but still dont know what goin on, my lawyer said the judge he did not sign so we did get hearing about my problem,i have already summons to publication to my husband, because since we separated we dont have communication and he never give support our kids, and also sine we separated i dont know where he is, please help me what to do this my problem, i want my freedom to be happy. thanks i hope you can read this my message soon
Please help us!
My girlfriend’s husband in Philippines left her 16 years ago and has not been in communication with her or their daughter during that whole time. If a court grants a Presumptive Death Petition and we move to the USA and get married, what happens if 1st husband shows up again? If she is already US citizen then what?
Thanks so much!!
Hi Atty.
Mag ask po ako ano pwede gawen. I was married to a Japanese last 2009 and no communication from him since 2011. wala na din po ako balita sa kanya totally. Since kinasal kme d napo xa bumalik sa pinas at on off ang tawag nya until 2011, huling balita ko my sakit un at tas totally wala napo after nun.
My BF napo ako ngaun at gusto ko po namen mgpakasal, kaso dahil married status ko d po namen magawa.
hello!when i read this article i got interested…i also have a problem with my boy friend…he was married since 2003..they got a child…then after that the girl has another men..they also have a child…the problem is, my boy friend don’t want to go back to his wife because of that reason..they’re not living for almost 4yrs and half now…the question is, how can my boyfriend have his freedom or how can he be annulled to his wife?hope you can help me with this problem…we want to get married…thanks a lot…
so i guess the only hope we can have is just to wait for the first wife to be dead by that time he can have his freedom back and remmarry again
hi atty fred…
my now fiance finalized his divorce here in America, he and his wife got married in civil court in the philippines. here in America they are divorced and i know that there in philippines, they are still married. for almost 5 years now, they have been seperated with different addresses and dont contact each other. if information is provided that they were no longer living together for 4 years plus, could an annulment be persude? thanks you.
hi sir i am seperated for almost 22 years ive got married in 1983 of the age of 17 gusto ko po n mapawalang bisa na yung kasal ko no communication at all gusto ko na rin po magpakasal ulet wat will i do sir pls advise thanks..
sir just to add…we had seperated for 22 years…we had no communication since then..gusto ko po sana n mapawalang bisa n ung kasal nmin cause iwant to get married again wat will i do sir..he had his oun family now and ihad my oun family too can is this long a long term if i apply for annnulment wat is the best thing that i will do sir…pls advice me sir and god bless…
nabigyan na po ng decision ng court last sept 2008 ang petition for presumptive death that i filed last year…nabigyan na po ako ng atty ko ng copy, i just want to know , gaano po ba katagal bago ko makuha ang sinasabi nilang certificate na katibayan na anulled na ang previous marriage ko?and kelan ko po ba most possibly pwede i check sa NSO na annulled na nga ang marriage ko? im planning to get married again and i want to clarify everythin before i take another step.im gettin married to a US citizen and evetually will file my US visa. maraming salamat po and im hoping for your reply
i just have a question and i would like to address it to anyone who can answer this….i filed my petition for pressumptive death of my husband in the PHilippines last april 2008 and i received the RTC decicion last Sept 2008..My attorney told me to wait for the decision of the Court of Appeals before i can get a certificate that proves that the court has granted me my petition.Its been 10 months now and still haven’t heard anything about it from my attorney and all he can say is that to wait.I want to know, how long does it really or usually take for the Court of Appeals to release the decision on a Petition for Pressumptive Death case? I want to start a new life with my fiance for 3 yrs.Im hoping for a reply on this matter…thank u so much
Dear atty:
I was once married with a British national July of 2006 but ours was a troubled marraige. He was “foul-mouthed and blasphemous” and abusive. There are even times that he treated to kill me. There are many times that he laid his hand on me. Months later we separated, I was 7 months pregnant then. He never supported me from pregnancy until now (our daughter is 2 years and 5-months-old. Just recently he comes and visit my daughter. He had a live-in partner since we separated some 2 years ago with whom he had a one year old son. At the moment, he was detained at immigration office in Davao because his live-in partner filed a case against him because he was abusive towards her too.
I also learned that he lied a lot about himself. To name a few, financial status and habitual alcoholism.
after more than two years of separation, i meet a special someone who expressed desire for marriage.
What should I do with our marriage? Should I file petition of annulment of marriage? Based upon the few sitautions I stated above, will that be enough grounds to pursue with the petition?
I hope you could answer me atty. Thanks and God bless.
dear atty,
I have not seen my husband nor contacted me and my kids for 5 years now and he has gone AWOL on his work, can this be enough reason for me to file for presumptive death? how much it will cost? can i ask for a public attorney at PAO to help me in filling…i don’t have a job and i am only depending on to my parents…please sir help me. i hope to hear a reply on this matter.
Dear Atty.,
Are the charges or court/litigation fees in the filing of presumptive death of a spouse as exhorbitant as that of the annulment’s?
Kindly provide me a figure at an average or a range so I could prepare for this.
Thank you very much!
hello.
i wanna seek advice for my case.
i filed for a presumption of death of my exhusband may 2006..
last year (september)when i got an order from the family court that my ex was pressumed dead.then november 18,2009 i got the certificate of finality.
would it be posible for me now to marry my american fiancee?can we applied for fiancee visa?
please help me…
to :cjkulot19
what type of decision did you received from the RTC?
if i were you..i better make the follow up not only to your lawyer but also to the branch/court. that’s what i did on my case.
after the last hearing with my 2nd witness (that was may,2009) 4months later i got my court order then november 18,2009 when i got the certificate of finality from the family court.
my case almost took 3 years 🙂
aiza,
the certificate of finality will be issued on you by the family court 10 to 15 working days..prior to the date received by the office of the solicitor general of your court order.
hummm,we both have the same question dear to atty.:)
when will it be posted to the NSO? what will the nso do on our status?will we be back to single?or widow?
im awaiting a reply to atty fred…
Hi atty
Is is true na if 7yrs na no communication sa asawa ko ay pde na ulit mgpakasal?
Nag pa annul kc me nung 2008 and sad to say denied me ngaung 2912 ko lng nkuha result hndi dw kc mgaling atty ko.i dnt knw if that is true sinced 2006 pa kc kmi wala comm.ng taiwanese husband ko and i dnt know where is him i try to col his cp but girl answer wrong nber dw i cnt move on with my life dhil sa ksal pko sa knya at denied pa annulment ko ang grounds ko ay pshyco.inc anu po b pde ko gwin?hope u can answer me pls tnx..
my husband and i have not seen nor communicated in 6 years, in fact, we did not really live together as husband and wife, he simply visit our baby 3-4 times a week and when she was 9mos old, he neither visited nor called me after a very heated argument regarding financial matters and his consistent lying. As much as I would want to file legal separation/divorce, I cannot do so because I know it would cost a lot. Thanks for your advice and God bless!
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Good morning atty. my friend is already married with two kids but since the husband go to abroad they didn’t have any news after the last conversation they had for almost two years now. is there any possibilities that my friend can remarry again even after 3years more from now. my friend tried to contact the husband even the co member of the husbands family but they keep on saying that even us our brother didn’t call us.
thanks and more power atty.
sincerely yours,
jhigs
Atty. Fred Hello I wanted to ask about my case
I was married in 2011 to an american but at 2012 we split up because he cheated me, in fact I sued him, and he was detained at NBI together with his mistress after 11 months of our marriage. and I withdraw the case actually coz I pitied on him but after he got out in the jail we split up and his last message to me is that his on the way to USA and would never come back again in Philippines and since that until now we have no communication at all, that’s 2 years and 5 months now. tried to email him so many times to divorce me on his country since he could do that as citizen on his country as far as I know but no even single reply I got from him. So now, could I file an annulment using my previous case against him (I have the copy of the case I filed against him the Rep.Act 9262 case) and him not contacting me or seeing me for more than 2 years as a ground? or could I file declaration of presumptive death now? and if ever how possible I’ll be granted? hopefully you could help me as I really wanted freedom for non-existing husband of mine.
Thanks,
Janice
Hi,
I was married 2002, after a year nawalan na kami ng communication ng asawa ko hanggang ngayon. Though dina kami nagkakauaap o nagbabalitaan alam ko kung nasaan sya at alam nya rin kung nasaan ako. In short aware kami na buhay kami pareho. Until 1 day nabalitaan ko na binigyan sila ng blessing ng pari sa church nila para mag sama as mag asawa. Tanong ko lang po, legal po ba yung blesssing na yun para masabi na annuled na kami.
At kung sakali po ba makakapag file po sya ng anullment na wala na akong consent? Sana po matulungannyo ko.
ask ko lang po sana kung pede rin ako mgfile ng presumptive death for my ex husband…separated na po kami since 2010…di ko na sya napagkikita at wala na rin akong kabalita balita about him…bigla nalang po kasi pag dating ko sa bahay from work eh wala na sya at nagtxt nalang na hiwalay na daw kami he had gf’s sabi ng iba—as in iba iba na ang naging girls nya…sad to say di na rin naman ko naghabol pa na pabalikin sya dahil para narin akong nakalaya kasi pag nakaramdam ng selos o kaya po eh napainom somewhere eh nananakit sya til last 2010 nasakal nya ko to the last breath na akala ko buti nalang may dumating na saklolo kaya nakaligtas pa ako…huling mensahe natanggap ko from him ay magpapa annul daw sya ng kasal namin pero til now ala naman po ako natatanggap na kahit isang letter man lang about annulment kaya til now naka hang pa rin ako…. gusto ko po mapawalang bisa sana ang kasal ko sa kanya at mamuhay ng simple at mapayapa at kung papalarin ay makatagpo ng mabuting tao n hindi tulad nya…pero gusto ko po muna sana maibalik ang dati kong surname legally…ano po mai aadvice nyo sa akin?? maraming salamat po..
Is this possible ?
Hello Atty. Fred, i was separated for over 20 years now.. we are legally married and have 1 daughter. now 22 years old. my husband was lost and no contact with us until now. the last time i heard was he has now two childrens with the other woman.. i like to have an annulment.. gaanu po ba ka tagal to? at anu po ba ang kailangan kong gawin? I need your help.. thanks po.
Dear Attorney,
I have several questions. Are you able to help out on these issues?
1. I have been separated since 6+yrs since 2008, last I’ve heard was that my ex-wife was already a citizen of another country and no idea of her whereabouts. Can I use this as case to file an annulment and declaring her as presumptive death?
2. I was informed by her that our marriage have already been annulled but I didn’t even signed any annulment documents and have even asked me to pay for half of her expenses. Is it legal that annulment will be approved without me signing anything not unless she used the same reason as item 1? Also, I wasn’t given any proof that the annulment was approved and I’ve even verified my CENOMAR from NSO which states that I’m still married. How does an annulled marriage show in a CENOMAR? She even insisted that it was legal and binding and at the same time informed me that I can get a copy from the southern part of the Philippines.
3. In relation to item 2, is there any case that I can sue her in court for not giving me the court judgement about our marriage? Btw, she had also gotten married outside Philippines after having our marriage annulled after I saw her FB page.
GOOD EVE ATTY.. PRESUMPTIVE IS EASY AND HOW LONG MTHE MARRIAGE WILL BE NULL AND VOID?THANX…
To John15
I’m in the very same situation as you are in. I married a Filippina back in Sept 2006 in Manila She too “claimed” that she was not married BIG LIE We lived together as husband and wife for 7 yrs She too was very abusive to me during this time Claiming that I wanted to F**k my own daughter (SICK girl) And always beating on me for what ever reason? Treated me as her “Property” and not as her husband She is Engelsa De Chirsto. I left her in Dec 2013 But not before I helped her with her cancer that she developed. I paid for her treatments and Doctors bills BUT was ready to leave as soon as her treatment was over with and making sure that she had a chance on living thru this Her Dc told me that she should be alright so I left and left her with a apartment building leaving her with some income. Even this did not stop her from filing a complaint with immigration on Undesirable Alian This can get one kicked out of this country So I did some research and found out that she was “STILL MARRIED” to another man I did a CENOMAR (Certificate of NO marriage) and did a search for a Death Certificate and found that he was still alive. So I filed a Bigamy charge against her Now we are in court.
What I would do is to to a CEMOMAR and then a death certificate search IF there is no death issued then you can bet the other spouse is very much still alive. YOU can file Adultery and bigamy charges against her She lied to you from the start. The law is very clear on this You MUST finish the first marriage BEFORE you can remarry Presumption of death is NOT GOOD enough for remarrying It must be file with the courts within 10 day after the hearing and the Presumption. They have only 10 DAYS to file this, after that it must be restarted all over again.
She committed bigamy by marrying you. She NEVER told you about her marriage to another man. AND she never file for a court order for a Death Certificate In other words she committed the bigamy crime, not you. She can go to jail for that in this country. That’s the reason why she is blaming you for all of this Trying to PASS THE BUCK onto YOU. It will cost you about P90K to P180K for a lawyer But I sure as hell would get one ASAP, after all she KNEW she was married and KNEW that she must finish the first marriage BEFORE she can remarry
She is trying to get out of going to jail and taking all of your property If you have property with her. I did and will get all of that back. GET A LAWYER It will save you more than just money
jhigs
No she can NOT marry She must wait the 7 yrs to file for a Court Order Death Certificate or 4 yrs for Presumption of Death then file within the 10 days, and this is NOT GOOD enough But she can file for annulment or Declaration of Nullity and wait the time period to pass.
Good evening po
Atty. Fred,
I was married since 2008 with an American guy. But we got separated 2011. Since July 2011 I have never heard of where he is now. I want to remarry again. What should I do.
Good day!!!
When u read this I got interested to ask hope u can answer me .. I marriage my husband year 1998 and after I gave birth to my second child our relation is on and off until we don’t have communication and I found out the he got marriage again year 2007.. It’s been 13 years we don’t communicate it’s other and he doesn’t give any support to my kids .. It is possible that I can ask to the court for a declaration of presumptive death of the “absent spouse” and what gonna happen to my record in NSO please help me what I need to do… I don’t have money to file an annualment .. Thank you and more power
Hi! I’m single, 21yrs. old, never got married. My fiance, 61yrs. old, was married in Manila in 1980 & is still on PSA (NSO) record file. Due to personal differences, & while he was residing abroad, she left their residence in 1987 with their two children & they lost complete contact up until this day! Neighbors & former co-workers believe she got married to a Japanese national & has since moved to Japan. We can’t afford an Annulment process. Kindly advice any cheaper, reasonable or affordable means. We’ve been advised about filing Preemptive Death or Abandonment, but we don’t know how to go about the entire legal process nor the cost. We’d appreciate hearing from you. Thank you.
Hi there… been separated for 15 years now… no idea where my ex military husband is now. I’m hanging myself with my freedom.. tied at this marriage that never even consumated. How to file presumptive death? I had filed annulment but it was denied. According to the judge who gave finality the psychologist didn’t even have the chance to interview my ex so why say he’s psychologically incapacitated . Which of course was so funny given the fact that we don’t know his whereabouts. … please attorney give me some advice. Thanks in advance. .
I haven’t seen my husband since 1998 no but i have one in my previous children relationship not his own chd , i I haven’t tried to marry someone .It’s 2015 can I marry now I have never used my husband surname ever since single. …advice please
Hi
Been separated for like 16 years now and had not received any word or support from former husband. I remarried 5 years after but without legal proceedings. Is it too late now to file nullity due to abandonment? And are there cases where court can consider subsequent marriages as valid since even if there was no declaration of nullity, second marriage was entered to in the absence of former husband for more than 4 years?
what if a guy got married because his wife got pregnant after giving birth they were seperated due to insanity of a girl. she. was admitted in mental hospital in mandaluyong… after 5 years she was missing… after 11 years he got married again it was 2001… for 11consecutive years she never reappeared… before he. got married.. and until now 15 years add to 11 years in total of 26 consecutive years she never appeared even her family didnt know what happen to her.. from 1990 up to this moment.. my question is… is the second marriage still can be null and void? is it needed to file for annulment of his first marriage.?
Good day Atty. Fred,
How do I file presumptive death certificate for my husband? He got missing while on board a ship since February 14, 2015.
Thank you and God bless!
Atty.,
My partner is now filing a case of presumptive death with her wife. If it will be granted does that mean their marriage is annuled? If not, how can he annul his marriage after the approval of court with the case of presumptive death? We just want to make sure that our marriage if ever will not be void if the previous wife will surprisingly show up.
I need professional advice po and alam ko na matutulungan nyo po ako, may property po naiwan ang mother ko who died nuon pong 1993 at sa Land Title po nakalagay ay owned by (mothers name) married to (my father). Pinakasalan po ng dad ko ang mother ko sa tiwalang wala po itong asawa at anak. Nuon pa po alam ko n walang bisa ang kasal ng ama at ina ko, sa ngayon po eh pinapalayas kami ng ama ko sa lupain na mismong ang nanay ko ang nagpundar at binenta po ito ng lolo at lola ko (magulang ng nanay ko ) sa nanay ko at bilang unang anak din po at taga pag mana. Ang tatay ko po ay sugarol, ngayon po dahil naubos na po pera nya sa mula sa retirement at unti na lang po ang pensyon nya dahil may utang pa sya gusto nya po angkinin ang lupain ng nanay ko at kmi daw po ay walang karapatan samantalang hindi naman po nilapag aari ng nanay ko ang lupain kundi sa nanay ko lang. May mga pagkakataon pa po na nanunutok sya ng baril para mapalayas kami. at may insidenteng gumawa pa ito ng SPA nay may pirma kami pero di namin pirma at binibigyan daw po namin sya ng karapatan ibenta yung lupain ng nanay ko.
Ano po ba ang tamang proseso kung saan para di nya mabenta nag tatay ko ang lupain ng nanay ko? at paano ko po ba maisasalin ang titulo at lupain ng aking ina bilang legal na anak ng aking pangalan at mawalan na po tuluyan ng karapatan ang aking ama sa lupain na ito kung saan gusto nya itira ang una nyang pamilya sa lupain na hindi sya ang nagpundar? kawawa naman po ako bilang anak na ito na lang ang alala ala ng aking ina.
post script*
Kami po ang pangalawang pamilya ng ama ko kung saan walng bisa ang kasal nila at buhay po ang unang asawa ng aking ama at ang kanilang anak, at sa kasalukuyan po ay nandito po sila sa Pilipinas, dapat po ba ako magsubmit ng Affidavit of Re-appearance sa Civil Registrar para mapawalang bisa ang kasal ng aking ina at ama? sa kadahilanan na gusto ng aking ama at ang kanyang unang pamilya na angkinin ang lupain ng aking ina? Ano po ba ang dokumento na kailangan ko para di maangkin ng ama ko at ng kanyang unang pamilya ng lupa ng aking ina ?
Dear Atty,
In march 8, 1982 i was married to Dominador de Castro. In May of the same year he left without leaving a word. In june 1, 1998 he was declared presumed dead by the order of the court. I married Manuel Uy in Jan. 17, 2000. Sadly my husband Manuel Uy died in Feb. 12, 2006. In Oct of 2010, Dominador de Castro reappeared and wanted to be with me, so we live together again. Just recently in Oct 15, 2016 he passed away. I have a hard way of claiming the benefits because of the absence of the affidavit of reappearance which he did not do. Please i need your legal opinion on what to do.
Thank you and more power
21 years ko nang hindi nakikita nanay ko wala na ding may alam kung nasaan sya huli kong syang nakita 1995 may anak na sa iba. pwede ba akong mag file nang death in absentia para makuha ko yung death benefits nang tatay ko? ayaw kasing ibigay nang SSS sa akin
Hi..
I got married 2007, but we got separated 2010 because of his excessive jealousy. He does not allow me to even go to my parents house or even have some time for myself with friends, gets jealous with my girl friends, we only had 1 cellphone back then to make sure all conversations were monitored. It came to a point where we fought so hard and i told him i cant stand this relationship anymore, and he hit me. I went away, after getting back on my feet, rented an apartment, i took my daughter with me. We talked and i told him that i dont want to be with him anymore, he agreed, he said do whatever i want. (This all happened way back 2010) since then, I am the one maintaining me and my daughters home with my father, paying the bills.. everything. Since we had an agreement, to live separately and not get into each other’s business, i let him see his daughter once in a while, actually since he is a teacher (my teacher back in highschool, and still is a teacher) we agreed to let our daughter go to the same school so its not that expensive due to the priviledges of his employment. Now. Its been 7 years since we got separated, i want it to be legalized. Earn back my family name. I need your expertise. How do i go about doing this since its been years now? We even consider ourselves only an acquaintance.. will it be easier since both parties agreed to go on with their lives? Thank you.
Good day can i ask about what will i do i want to married another woman coz my wife is missing for 8 years i dont know where sge is now?
An absent spouse has filed for reappearance and affidavit duly recorded and annotated by Local MCR and forwarded to PSA. What action should the PSA take? With regards to status of the spouse of subsequent marriage, cenomar has been asked by employer. What actions should be taken by spouse of subsequent marriage?
what if the wife commits bigamy and she even have another two children from different man, they were separated for 15 years. can the husband marry another woman?
this is my case.. i want to marry this man but i’m afraid that he cannot marry me due to this s ituation
Magandang araw po attorney, gusto kolang malaman Kong anong kinahinatnan pag mag file ako ng presumptive death of my husband.alamkong buhay sya at alamkong saan sya nakatira.
Ngunit dina sya nag bibigay suffort saamin my 3 kids po kami.
Gusto kong magpakasal ulit kay naisipan kong mag file ng presumptive death sakanya kasi madali lang.
Tanong kolang po anong naghihintay saakin pag nalaman nila ang ginawa ko sa x husband ko.?
Maaristo po baako at mabibilanggo?
Anong case ang pwedi Kong harapin Kong sakaling malaman nila?
Hindi ba ito dilikado sa buhay ko at mga anak ko?
Pls po tilongan nyo ako.
Salamat.
i was divorced for my ex Japanese husband 2009. i never heard anything from him anymore after that.. 2015 i asked for his family registered in the city hall of his place to know his status. he was re married and have child.. what kind of petition i should asked for this? acknowledgement of divorce is really expensive i can’t afford to support that.. please give me some idea if i could file a presumptive of death of a spouse for subsequent marriage? article 41 no.2?.. please kindly response?
hello every one
im gene hingi lang po ako nang advice i got married since 2014 ng isang lalaki from russian since umalis cya sa philippines pgkatapos ng ksal namin hindi napo cya nakipag comunicate sakin at hindi narin cya bumalik 3 years ago na ano po ang gagawin.ko pwde po ba akong mag asawa uli….dahil sinubukan din naming sumulat sa address nya pero bumalik po ang sulat at hindi natin makontak number nya sana po matulungan nyo ako sa problema ko thanks po
gene
Good day Atty,
I would like to ask,
If in case there is reappearance (in relation to Art 41 and 42 of the FC), will the child of the subsequent marriage be rendered illegitimate given that the subsequent marriage is terminated and the previous marriage is at work? Also, what will happen to the fruits, properties and proceeds acquired during subsequent marriage in case of reappearance, will it belong to the community of the previous or subsequent marriage? Thank you for responding!
Hi Everyone,
Tanong ko lang po (sana meron makabasa nito na same situation ko) nag asawa po ako last 2003, 2 days after he left seeking a job, iyon ang sabi niya sa akin. From that day he left, he never show up, ni ha ni ho wla akong narinig up to now. 14 yrs na po, but last 2014 nag file na ako ng presumptions of death at hanggang ngayon wla pang disisyon ang family court. Wla po kaming anak. If ma grant po ang petition ko ng family court, I can’t re marry with in a year, Tanong ko po, that decision is only applicable here in Philippines, how about if mag pakasal sa ibang bansa, kahit wla pang 1 yr, pwede po ba? Please answer me.
Thank you..
Hello atty.
May live in partner po ko for almost 12years.
Now i find out his dating other girls.
If incase we cant fix the problem i know po na hati kami equal rights sa mga napundar na gamit mula nag sama kami.
Ang question ko po may right po ba ko ag file ng case dahil sa stress at depresion a naranas ko?
Or anycase na pweding e file?
Kasi ung girl eh gusto nya mag hiwalay kami ng parner ko at yayain nya na mag sama sila mag buntis para daw makaalos ng bansa.
In short pinapatulan nya ang partner ko dahil habol nya ay pera lang.
Lalo not nasa ibang bansa ako?
ako ay nabyuda noong january 04 2018 pero d kami kasal at wala kming anak nagsama kmi sa loob ng 27 years at malapit na rin po ako mag senior citizen 54 yrs old n po ako.ang aking kinakasama ay kasal s una at may tatlo silang anak at maliliit pa ang mga anak nila ay iniwan ng asawa nya sa magulang ng asawa ko at palipatlipat lng sa amin ang pangangalaga ng mga bata. ang una nyang asawa ay may kinakasama din.isang ofw ang asawa ko nagbakasyon lng sya noong dec.02 at ang balik nya po sana s saudi ay january 15.2018 ang tanong ko po ay may karapatan po ba ako sa mga benifits nya kahit hindi kami kasal.nilalakad ng mga anak nya at una nyang asawa ang benifits nya sa owwa at sa sss.sana po matulungan nyo ako.maraming salamat po.
What forms or documents must be filed for presumptive death
Good day, I am hoping you can help me to answer all my questions,I was married March 14,2011 and end up June 14,2012,…after we separate he never send any aid to our kids.the last time I new he work in korea,his cousin told me that he work abroad,that’s way back nov.12,2012 his cousin give a phone number of his company in korea,and a few names of his friends that I can ask,we’ll one day I called the number that his cousin gave to me but suddenly the company told me that their is no longer allen Paul taga ma working in their company.i never give up I try to call one of his friend in korea bit suddenly they don’t have any news about him,I try to check poem if they can relocate or find him but suddenly a person I talk in poem told me that they can’t locate him.its been 6years now and I can’t find him anywhere…my question can i have the capacity to file presumption of death so I can start my new life and be with the person I love since I’ve tried to find where he is but can’t find him.thank you and godblesd
Hi good afternoon
I would like to ask i have 2 registered NSO marriage certificate is my 2nd will be valid? I have not or my 1st wife declare any written understanding to be separated nor filing it in court to declare it. We got married on 1998 and have verbal agreement to separate ways on 2004. My 1st wife move to other country same yr and became citizen on 2007. Then on 2007 I got married to the 2nd woman. On the 2nd marriage I apply on th Civil registrar a day before of our marriage to my 2nd wife and civil registrar did not require a Cenomar and seminar and court order l.. they just ask for birth certificate and filled up the application form..
Can 2nd wife file a case on me? Due to our marriage certificate was registered on the NSO?
Hello, just want to ask… My husband was married before and I did not know about it.. It was a very short lived one as his first wife went abroad 2 days after the marriage. There was no communication between them after she went away, then after a year, he heard she already married a foreigner. After almost eight years, we met and got married. After a year, I found out about his past but decided to go on with him. Now, we are already 13 years together, and we decided to have his previous marriage annulled. My question is, is our marriage valid after his annullment? Thank u very much.
Hi. I was abandoned for 12 years and now wish to remarry. I did not file any search in police for him since I know in the beginning that its his intention to abandon me. do i still qualify to file the presumptive death in court?
Atty.8yrs n po hiwalay, Wala communication, Wala din support sa aking anak. Di ko din po Alam Kung nasaan sya. Ano po gagawin ko para ma pawalang bisa kasal ko? Thank you
Hi Atty,
Good day
I have an annulnent case filed in 2017.
Up to now I have not been presented to the court as the petitioner because the hearing is always being reset.
I feel so very frustrated tvat every time there is a schedule of hearing and I will be presented, there are different reasons for reset like judge got sick, changing of judge, prior appointment of judge in otber RTC, .
Are these reasons true and valid? I feel very disappointed and frustrated about these.. i woukd absent myself from work just to attend coachi ng from my lawyer and i paid gard earned money to my lawyer just so I can have the annulment..
Me and my y boyfriend is not getting any younger that is why I wish that the court proceedings wilk really happen according to schedule.
How long does it take before an annulment is granted?
Thank you
Bluegirl629
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Sir,pak advise. Sa pagsasama namin ng asawa ko ng 30 years abroad may isang anak po kami nakabili kami ng mga lupa at napatayuhan namin nga apartments for rent. Nagbakasyon po asawa ko at biglaan na lang po namatay. Pinag uusapan ng mga kapatid ang mga napundar namin at biglang sinabi sa akin na mayroon daw unang asawa. Sa buong akala ko wala naman akong nakitang signs na may asawa noon dahil free naman kaming nagbabakasyon, wala man lang
babae umaway or nag complain na kasama ko ang asawa niya, at wala naman dumating noong libing niya. Nagtataka po ako at ito na ang mga kinakalat sa mga tenants sa apts. at isa sa bayaw ko ay nag permi nang tumira sa Apt. dala pa niya mistress nya na di ko alam. Sinasabi ng bayaw ko sa mga tenants na ilalaban nya daw na pangalawa lang akong asawa ng kuya nila para ma pasakanila ang lupa namin. pls.advise po.
papano po pag ang asawang lalaki nawawala habang nangingisda, anu po b ang mga requirements upang maka kuha ng insurance claim
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atty. kinasal po ako last 2009 wala pong isang buwan ang pagsasama namin simula nung kinasal kami kasi nahuli ko siyang may ibang babae nag ayaw kami umalis siya samin at di na bumalik hanggang ngayon. wala napo akong balita sa kanya hinanap ko siya walang nakakaalam kong saan siya . gusto ko po sana mapawalang bisa ang kasal namin at presumptive of death po sana ang gagawin kong aksyon. ang ranong ko po magkano po kaya ang mababayaran ko pag nag file ng presumptive of death at ilang months po matatapos yun? sana po masagot nyo ang tanong ko. salamat po
Hello Atty. I just would like to consult the situation about my parents. My father was previously married but he and my mother was able to contract marriage because the first wife was presumptively dead. Now, last year, my father had passed away and after my father’s burial, the first wife files reappearance for the sole purpose of getting the benefits she can get from my father. Now my question is, was the reappearance of the first wife valid? Even if she only filed it after my father’s death? Can her reappearance dissolve the marriage of my parents even if there’s no marriage is to be dissolved already since my father have already passed away. Is her claims valid? I hope to get a response from you. Thank you very much!
Hello po.pls help me this po.Ako ay may ka live in ngayon 9 years na may decision sa korte sa presumptive death nila sa kanyang asawa.May naipondar na bahay .Tanong po: Ano ang mangyayari kapag mauna ng mwala ang aking kalive in may krapatan pb ang asawa niya sa bahay na ngpresumed death lang man sya sa kanyang asawa? Hindi pa po kami kasal.Baka pagdating ng panahon kami angbgugulohin ng asawa nya.