Legal Requirements for a Second Marriage in the Philippines
A comprehensive 2025 guide for would‑be spouses, lawyers, clergy, and civil registrars
1. Why Second Marriages Are Treated Differently
Marriage is a constitutional and statutory institution in the Philippines. Because only one valid civil marriage is allowed at a time, anyone who has already been married must prove the legal termination or invalidity of the first union before contracting another. Failure to do so does not merely create a procedural defect—it constitutes the crime of bigamy and renders the second ceremony void.
2. Core Statutes and Regulations
| Source | Key Provisions Affecting Second Marriages |
|---|---|
| Family Code of the Philippines (E.O. 209, 1987) | Arts. 40‑45 (void/voidable marriages), Art. 26 §2 (foreign divorce recognition), Art. 41‑42 (presumptive death & reappearance), Arts. 52‑53 (recording decrees) |
| Revised Penal Code (Act 3815) | Art. 349 (Bigamy) |
| Code of Muslim Personal Laws (PD 1083) | Title II (Matrimonial), Title III (Divorce) |
| Local Government Code & Civil Registry Laws | Marriage‑license rules (Forms 90‑91), PSA registration, annotation requirements |
| Special rules | RA 9048/10172 (administrative correction), ADR rules on Church annulments vs. civil decrees |
3. Legally Acceptable Grounds for Entering a Second Marriage
Death of the First Spouse (Widowhood)
- Present the PSA‑issued death certificate of the deceased spouse.
- The death must also be annotated on the parties’ prior marriage certificate.
Judicial Declaration of Nullity or Annulment
- Requires a final and executory decision of a Philippine court.
- The decree and Certificate of Finality must be recorded with the Local Civil Registry (LCR) and forwarded to the PSA for annotation before any new license is issued.
Foreign Divorce Recognized in the Philippines (Art. 26 §2)
- Applies where: a) One spouse was or later became a non‑Filipino, and b) A valid divorce abroad was obtained by either spouse, dissolving the marriage.
- A petition for judicial recognition of that foreign judgment must be granted by a Philippine court.
Presumptive Death of Absent Spouse (Art. 41)
- 4‑year absence (2 years if disappearance was due to danger of death).
- Petitioner must file a summary proceeding for judicial declaration of presumptive death.
- Good‑faith search and publication requirements must be met.
Divorce under PD 1083 (for Muslims)
- Talaq, khula, li‘an, fasakh, etc., become effective after observance of the idda period and issuance of a Certificate of Divorce by the Shari‘a Circuit Court or Registrar.
- Muslim men may contract up to four concurrent marriages, but only under PD 1083 and subject to stringent capability and equality tests.
4. Documentary Checklist for the Marriage License Application
| Applicant’s Status | Essential Documents (submit to LCR of place of marriage) |
|---|---|
| Widow/Widower | PSA Death Certificate and Annotated Prior Marriage Certificate |
| Annulled/Void Marriage | Court Decision, Certificate of Finality, and PSA‑annotated prior marriage & birth certificates |
| Recognized Foreign Divorce | Certified copy of foreign divorce decree & laws, Philippine court order recognizing it, PSA annotations |
| Presumptive Death | Court declaration of presumptive death, Certificate of Finality, PSA annotations |
| Muslim Divorce | Certificate of Divorce (Shari‘a court or registrar), compliance with idda, relevant court/registrar orders |
| Foreign National | Certificate of Legal Capacity to Marry or equivalent from own embassy/consulate |
Plus general requirements for all marrying parties:
- CENOMAR (Certificate of No Marriage Record) from PSA
- Birth certificates (PSA)
- Valid ID and proof of residency (at least 1 parent’s signature if 18‑20; parental advice if 21‑24)
- Pre‑marriage counseling certificate (and family planning seminar if required by local ordinance)
- Community Tax Certificate and filing fees
Tip: Local civil registrars must not accept court decrees that are not yet annotated at the PSA; doing so exposes both registrar and applicant to administrative liability.
5. Waiting & Cooling‑Off Periods
- Widows/Widowers: No longer subject to the old “301‑day rule”; this was repealed by the Family Code.
- Muslim Women: Must observe the iddah waiting period (three monthly courses, or childbirth if pregnant) before remarriage, per PD 1083.
- Presumptive Death: No statutory waiting time after decree becomes final, but prudence dictates confirmation of PSA annotation first.
6. Consequences of Skipping the Requirements
Criminal Liability
- Bigamy (RPC Art. 349): 6 years and 1 day to 12 years’ imprisonment even if the second spouse acted in good faith.
- Falsification/Perjury: for tampered documents or false sworn statements.
Civil Effects
- The “marriage” is void ab initio; property relations revert to co‑ownership, and “spousal” donations may be rescinded.
- Children: Those conceived or born in a void bigamous marriage are generally considered illegitimate, but may qualify as “legitimated” if a subsequent valid marriage between biological parents occurs.
- Succession: The putative spouse has no hereditary rights.
7. Special or Less‑Common Scenarios
- Judicial Separation of Property (Art. 134) does not dissolve marriage; no right to remarry.
- Church Annulment: Has no civil effect unless followed by a Philippine court decree.
- Civil Partnership vs. Second Marriage: Cohabitation contracts or foreign civil unions do not overcome the bigamy rule; the first valid marriage remains a bar.
- Overseas Filipino Workers who married abroad and now wish to marry again at home must still clear PSA annotations or seek recognition of the foreign divorce.
- Indigenous Peoples (RA 8371) may follow customary rites, but registrations and prohibitions against bigamy still apply unless specifically waived by the Indigenous Peoples’ court or council and accepted by the NCIP.
8. Administrative Remedies & Record‑Keeping
- RA 9048/10172 Petitions: To correct clerical errors (e.g., wrong marital status annotation) without a full‑blown court action.
- Correction of Bigamous Entry: Requires Rule 103 or Rule 108 court proceedings.
- Electronic Civil Registry (E‑CRIS): As of 2025, online verification of annotations is available for most PSA‑issued certificates—use this before filing your license.
9. Practical Compliance Road‑Map
- Gather originals of death/divorce/annulment documents plus two photocopies each.
- Annotate: Submit to PSA Main (East Avenue) or through the LCR for automatic Forwarding. Check after 3‑6 weeks.
- Obtain CENOMAR after annotation appears (the new CENOMAR will reflect “with prior marriage—but annulled/divorced/widowed”).
- Attend seminars mandated by the city/municipality of intended marriage.
- File Marriage‑License Application personally; pay fees; observe the 10‑day posting period (NCR cities often waive it only for sacramental weddings with Bishop’s approval).
- Schedule the ceremony within 120 days from license issuance (valid nationwide).
- Register the Marriage Contract within 15 days (civil) or 30 days (church) after rites; follow up on PSA copy within 4 months.
10. Conclusion & Disclaimer
A valid second marriage in the Philippines hinges on one principle: your freedom to marry must be affirmatively established and properly documented. Paying careful attention to court decrees, PSA annotations, and local registry procedures avoids criminal exposure, protects property and succession rights, and upholds the State’s policy on the sanctity and exclusivity of marriage.
Legal disclaimer: This article is for educational purposes and summarizes existing laws up to July 23 2025. It is not a substitute for personalized legal advice. Consult a Philippine family‑law practitioner or the local civil registrar for case‑specific guidance.