Title I — Marriage
Article 41
ELI5— what this means for you
If your spouse has been absent for 4 years (or 2 years if they disappeared under circumstances likely to have caused death, like a shipwreck or war), you can ask a court to declare them 'presumptively dead.' Once the court grants this, you may remarry — but if your absent spouse turns up alive later, the second marriage is automatically terminated.
Key point
Presumptive death petition requires a court declaration. 4-year rule general; 2-year rule for danger-of-death disappearances.
Official text — EO 209
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. (83a)
Source: lawphil.net (EO 209 as amended)
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Legal disclaimer: BatasKo provides general legal information, not legal advice. For advice on marriage, annulment, property relations, custody, or support, consult a licensed Filipino lawyer or the Public Attorney's Office (PAO) at pao.gov.ph.