Validity of a Third Marriage After an Annulment and a Spouse’s Death
Philippine Law Explained
Key takeaway: A third marriage contracted in the Philippines is perfectly valid once (1) the prior voidable marriage has been annulled and properly recorded in accordance with Article 53 of the Family Code, and (2) the second marriage has been dissolved by the spouse’s death and the fact of death is registered. Failure to satisfy the procedural requirements—particularly the recording obligations under Article 53—renders the new union void, even though the parties are otherwise free to marry.
1. Governing Statutes & Doctrines
| Source | What it Covers | Why it Matters |
|---|---|---|
| Family Code of the Philippines (E.O. 209, 1987, as amended) | Substantive and formal requisites of marriage, annulment, declaration of nullity, effects, remarriage | Articles 40–54, 85-96 |
| Civil Registry Law (Act 3753) & CLRG | Duty to register civil status events (marriages, decrees, deaths) | Registration is a condition for a valid subsequent marriage after annulment (Art. 53) |
| Revised Penal Code, Art. 349 (Bigamy) | Criminal liability for marrying while the first valid marriage subsists | Liability disappears once the first marriage is annulled/void and duly recorded |
| R.A. 10655 (2015) | Repealed Art. 351 (Premature Marriage) | No more 301-day “waiting period” penalty for widows |
| Jurisprudence | Interprets the above (e.g., Domingo v. CA, Te v. CA, Dumawal v. People, Fudotan v. People) | Clarifies registration duties and bigamy defenses |
2. Understanding “Annulment” vs. “Nullity” vs. “Death”
| Event | Nature of Prior Marriage | How the Marriage Ends | What Document Is Required | Article 53 Applies? |
|---|---|---|---|---|
| Annulment (Arts. 45-46) | Voidable – valid until annulled | Final judgment of annulment | Decree of Annulment + Finality Certificate | Yes |
| Declaration of Nullity (Arts. 35, 36, 37, 38) | Void ab initio | Final judgment of nullity | Decree of Nullity + Finality Certificate | Yes (Art. 52) |
| Death of Spouse | Valid marriage | Automatic dissolution | Death Certificate | No |
Why Article 53 Is Crucial
For void and voidable marriages, Article 53 says the following instruments must first be recorded in the civil registry of the place where the marriage was celebrated before either party can validly remarry:
- Final judgment nullifying or annulling the marriage;
- Partition and distribution of the spouses’ properties;
- Delivery of presumptive legitimes (inheritance advance) to common children.
If any of these instruments are not recorded, “the subsequent marriage shall be void”.
(People v. Diona, Domingo v. CA)
⚠️ Common pitfall: Parties obtain the annulment decree but never file the project of partition or record any of the three documents. Their next marriage is facially valid in the marriage contract, but it is void and exposes them to a bigamy charge.
3. Step-by-Step Roadmap to a Valid Third Marriage
A. Tie up loose ends from the first marriage (annulment)
- Secure the final decree of annulment and the certificate of finality from the RTC/CA.
- Prepare a Project of Partition & Distribution and deliver presumptive legitimes (Art. 51).
- Register all three documents with:
- (a) Local Civil Registrar (LCR) of the place of marriage, and
- (b) If different, the LCR where the annulment court sits.
- Obtain certified true copies of the annotated marriage certificate and annotated CENOMAR.
B. Document the second spouse’s death
- Obtain the PSA-issued Death Certificate.
- Make sure it is properly recorded at the LCR of the place of death and transmitted to PSA.
C. Comply with the formal requisites for the third marriage (Arts. 2–4)
| Formal Requisite | Practical Tip |
|---|---|
| Legal capacity | The annulment annotation + death certificate remove any impediment. |
| Authority of the solemnizing officer | Judge, priest, imam, consul, etc. |
| Marriage license (or exemption) | Present annotated CENOMAR and death certificate. License is waived only in Art. 34 situations (5-year cohabitation). |
| Marriage ceremony | Personal appearance, at least one witness each, statements of “I take you…” |
D. Optional But Wise
- Pre-Marriage Orientation & Counseling (Memorandum Circular 2021-004)
Required unless both parties are ≥25 or the LCR waives it.
4. Bigamy & Criminal Exposure
- No bigamy once the first marriage is annulled/nullified and duly recorded, and the second has ended by death.
- If Article 53 was not observed, the first marriage is still on record; the third marriage becomes void and may supply the second element of bigamy (existing valid marriage).
- Defenses recognized in recent cases:
- People v. Dumawal (2021): A void first marriage is a defense to bigamy even without a prior judicial declaration, but only if its nullity is proven in the bigamy trial.
- Fudotan v. People (2018): Failure to comply with Art. 53 makes the second marriage void, so the third marriage can be prosecuted as bigamy.
5. Effects on Property & Children
| Scenario | Property Regime | Children’s Status |
|---|---|---|
| First marriage annulled | After annulment, assets governed by co-ownership until partition (Art. 147/148). | Legitimate children keep that status (Art. 45 last par.) |
| Second marriage ended by death | Conjugal/CPG terminates; estate is settled under Rules on Settlement of Estates. | Children of 2nd marriage are legitimate heirs. |
| Third marriage | Choice: Conjugal Partnership (default) or Absolute Community (post-1988 default) unless spouses execute a prenuptial agreement. | Future children are legitimate. |
Succession impact: A surviving spouse from a third marriage shares in the estate of the deceased spouse only if the marriage is valid. Compliance with Article 53 is therefore critical not just for bigamy avoidance but also for inheritance rights.
6. Frequently Overlooked Technicalities
- Publication of decree in a newspaper is not required; recording with the LCR is.
- CENOMAR must reflect both the annotation of annulment and of death; PSA updates take weeks—plan ahead.
- The 301-day waiting period for widows was a criminal—not civil—prohibition. It was repealed by R.A. 10655 in 2015. There is now no waiting period for remarriage after a spouse’s death.
- Foreign divorces obtained by a Filipino can free the Filipino spouse under Article 26 (2) only after the divorce decree is recognized by a Philippine court and recorded (same Art. 53 logic).
- Religious annulments (Canonical, Shari’a) have no civil effect unless confirmed by a civil court.
7. Illustrative Timeline
graph LR
A[1999 – First Marriage] -->|Annulment filed 2015| B(2017 – Final Decree<br/>Recorded 2018)
B --> C[2019 – Second Marriage]
C -->|Spouse dies Jan 10 2023| D(Death Certificate<br/>Recorded Feb 2023)
D --> E[May 2025 – Application for Marriage License]
E --> F[June 15 2025 – Third Marriage Valid]Any break in the chain—e.g., decree not recorded or death not registered—voids the final link.
8. Practical Checklist Before Saying “I Do” (Again)
- 🔲 Obtain PSA-certified decrees (annulment/nullity).
- 🔲 Register the decree, partition and legitimes with the proper LCR.
- 🔲 Secure PSA-certified death certificate of the second spouse.
- 🔲 Apply for CENOMAR—verify annotations.
- 🔲 Attend PMOC (if required) and obtain the certificate.
- 🔲 Apply for marriage license within 120 days of issuance.
- 🔲 Book authorized solemnizing officer and two witnesses.
- 🔲 File the marriage contract with LCR within 15 days of ceremony.
- 🔲 Keep certified true copies—you will need them for passport, SSS, PhilHealth, GSIS, estate proceedings, etc.
9. Conclusion
Under Philippine law, the right to remarry is fully restored once every prior marital tie is legally and procedurally severed. For a person entering a third marriage after an annulment and the death of a second spouse:
- Substantive freedom to marry exists because annulment voids the first marriage retroactively and death dissolves the second prospectively.
- Procedural freedom is achieved only after recording the required documents.
- The validity (or voidness) of the third marriage has cascading effects on bigamy liability, legitimacy of children, and succession rights.
When in doubt, consult a Philippine family-law practitioner and verify every registration step with the Local Civil Registrar and the PSA.
This article is for general information and is not a substitute for personalized legal advice. Laws and jurisprudence are current as of April 29 2025.