Validity of Third Marriage After Annulment and Death of Prior Spouses in the Philippines

Introduction

In the Philippines, marriage is a sacred institution protected by the State and governed by stringent legal requirements to ensure its validity and stability. The Family Code of the Philippines (Executive Order No. 209, as amended) provides the primary framework for marriage, dissolution, and subsequent unions. A common scenario involves individuals seeking to enter a third marriage following the annulment of a first marriage and the death of a second spouse. This raises questions about legal capacity, potential impediments, procedural compliance, and the overall validity of the third marriage. This article exhaustively explores the topic within the Philippine legal context, covering constitutional principles, statutory provisions, jurisprudential interpretations, procedural requisites, potential invalidating factors, effects on property and children, and practical considerations. It underscores that while Philippine law allows remarriage after proper termination of prior unions, strict adherence to legal processes is essential to avoid nullity, criminal liability, or civil disputes.

Constitutional and Legal Framework

The 1987 Philippine Constitution, in Article XV, Section 2, declares marriage as an inviolable social institution and the foundation of the family, mandating State protection against undue interference. This is operationalized through the Family Code, which classifies marriages as either valid, void, or voidable.

Valid Marriages: Must comply with essential requisites (legal capacity, consent freely given, authority of the solemnizing officer, and a marriage ceremony) under Article 2, and formal requisites (marriage license, except in specified cases like articulo mortis, and solemnization) under Article 3.
Void Marriages: Invalid from the beginning (ab initio) due to absence of essential requisites, such as bigamous marriages (Article 35), incestuous unions (Article 37), or those against public policy (Article 38).
Voidable Marriages: Valid until annulled, on grounds like lack of parental consent for minors (Article 45).

Annulment in the Philippines typically refers to the judicial declaration of nullity of a void or voidable marriage. Under Articles 45-47 and 50-54, grounds include psychological incapacity (Article 36), fraud, force, intimidation, undue influence, impotence, or sexually transmissible diseases. Upon declaration, the marriage is treated as never having existed, restoring the parties to single status.

Death of a spouse automatically terminates the marriage under Article 86 of the Civil Code, freeing the survivor to remarry without judicial intervention, provided no legal impediments exist.

For a third marriage, the sequence—annulment of the first, death of the second spouse—must be legally documented to establish capacity. Failure to do so could render the third marriage void for bigamy (Article 35[4]) or lack of capacity.

Sequence of Events: Annulment, Second Marriage, Death, and Third Marriage

Consider a typical timeline:

First Marriage and Annulment: The first marriage is contracted validly but later declared null and void by a competent court (Regional Trial Court, per Rule on Declaration of Absolute Nullity of Void Marriages and Annulment of Voidable Marriages, A.M. No. 02-11-10-SC). The decision must be final and executory, with a Certificate of Finality issued and annotated on the marriage certificate by the Local Civil Registrar (LCR). The annulment restores legal capacity, allowing the second marriage.
Second Marriage: Entered into after the annulment becomes final. This marriage is valid until terminated by the spouse's death. A death certificate must be registered with the LCR, and the surviving spouse obtains a Certificate of No Marriage (CENOMAR) or equivalent to confirm single status.
Third Marriage: Contracted after the second spouse's death. Validity depends on proving the termination of both prior marriages. The prospective spouses must secure a marriage license from the LCR, submitting affidavits and documents attesting to their capacity.

The third marriage is presumptively valid if all requisites are met (Civil Code, Article 220). However, challenges may arise if prior terminations are contested.

Procedural Requirements for the Third Marriage

To ensure validity:

Marriage License: Required under Article 9, valid for 120 days. Applicants must submit:
- Birth certificates.
- CENOMAR from the Philippine Statistics Authority (PSA).
- Court decision and Certificate of Finality for the annulment.
- Death certificate of the second spouse.
- Affidavit of legal capacity if applicable (e.g., for foreigners, but here assuming Filipino parties).
- Pre-marriage counseling certificate (Article 16).
Solemnization: By an authorized officer (judge, priest, imam, etc., per Article 7) in a ceremony where parties declare their union publicly (Article 6).
Registration: The marriage certificate must be registered with the LCR within 15 days (Article 23), forwarded to the PSA.

Non-compliance, such as contracting without a license (except exemptions like cohabitation for five years under Article 34), renders the marriage void.

For parties with prior marriages, the LCR scrutinizes documents to prevent bigamy. Supreme Court rulings, like Republic v. Dayot (G.R. No. 175581, 2008), emphasize that incomplete documentation can lead to nullity.

Validity Issues and Potential Invalidating Factors

The third marriage is valid if prior unions are properly ended, but several factors could invalidate it:

Bigamy Concerns: If the annulment is not final or the death not registered, the third marriage is bigamous and void. Criminal liability under Article 349 of the Revised Penal Code (RPC) applies, with penalties of prision mayor (6-12 years). In Tenebro v. Court of Appeals (G.R. No. 150758, 2004), the Court held that a subsequent marriage during the subsistence of a prior one is void, even if the first is later annulled.
Psychological Incapacity from First Marriage: Article 36 annulments based on psychological incapacity (e.g., inability to comply with marital obligations) do not inherently bar remarriage. However, in Republic v. Molina (G.R. No. 108763, 1997), guidelines require proving incapacity at the time of marriage. If the same incapacity persists, the third marriage could be challenged on similar grounds, but this does not automatically invalidate it— a new petition is needed.
Fraud or Concealment: If the party conceals prior marriages or their terminations (Article 45[3]), the third marriage is voidable.
Property Liquidation Delays: Article 50 requires liquidation of absolute community or conjugal partnership from prior marriages before remarriage. Non-compliance does not invalidate the marriage but affects property regimes (default to complete separation under Article 147/148 if cohabiting without valid marriage, but here assuming validity).
Children from Prior Marriages: Legitimacy is unaffected; children from annulled marriages are legitimate if conceived before the decree (Article 54). The third marriage does not alter custody or support obligations.
Foreign Elements: If any marriage involved foreigners or occurred abroad, recognition under Article 26 (foreign divorces valid for aliens) applies, but Filipinos cannot divorce abroad. For third marriages, Hague Conventions or consular authentication may be needed.

Jurisprudence reinforces validity post-termination. In Niñal v. Bayadog (G.R. No. 133778, 2000), cohabitation without license after a spouse's death validated subsequent unions, but standard cases require compliance.

Effects and Consequences

Property Relations: The third marriage defaults to absolute community (Article 75) unless a prenuptial agreement specifies otherwise. Prior properties must be liquidated; failure leads to co-ownership issues.
Succession and Inheritance: The surviving spouse from the second marriage retains rights to the deceased's estate. The third marriage creates new heirs, but prior children's shares are protected (Civil Code, Articles 888-903).
Criminal and Civil Liabilities: Invalid third marriages expose parties to bigamy charges or damages suits. Good faith (believing prior marriages ended) mitigates penalties (RPC, Article 3).
Religious Considerations: While civil law governs validity, religious annulments (e.g., Catholic Church tribunals) are separate and do not affect civil status.

Challenges and Remedies

Common challenges include delayed annulment proceedings (averaging 2-5 years due to court backlogs) and PSA annotation errors. Remedies:

Petition for Correction: Under Republic Act No. 9048/10172 for clerical errors in civil registry documents.
Re-solemnization: If validity is doubted, parties can re-marry after resolving issues.
Legal Assistance: Engage family law specialists; indigent parties access Public Attorney's Office.

Recent trends, such as proposed absolute divorce bills (e.g., House Bill No. 9349), could simplify terminations but are not yet law as of current knowledge.

Conclusion

The validity of a third marriage in the Philippines after the annulment of a first marriage and the death of a second spouse hinges on meticulous compliance with legal requisites, ensuring no subsisting impediments. Philippine law, balancing family protection with individual rights, permits such unions provided terminations are judicially or naturally confirmed, documented, and registered. While presumptively valid, potential pitfalls like bigamy or unresolved property issues necessitate vigilance. Parties are advised to consult legal experts to navigate procedures, safeguarding against nullity and its ramifications. This framework reflects the nation's commitment to marital integrity while accommodating life's complexities, ensuring that subsequent marriages foster stable family units.