· Not an official government website

BatasKo

Ang Batas, Sa Simpleng Salita — your rights, finally explained.

Title I — Marriage

Article 42

EO 209 · Family Code of the Philippines

ELI5— what this means for you

The subsequent marriage contracted under Art. 41 (presumptive death) is automatically terminated when the absent spouse reappears. Both spouses of the second marriage and the reappearing spouse must sign an affidavit of reappearance filed with the civil registrar.

Official text — EO 209

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. (n)

Source: lawphil.net (EO 209 as amended)

Related

RELATED RIGHTS

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.