Validity of a Third Marriage in the Philippines After Annulment and Subsequent Spousal Death
A Comprehensive Legal Analysis
1. Introduction
In the Philippines—one of the few countries that constitutionally protects the family as an “inviolable social institution”—marriage can be dissolved only in three civil-law pathways:
- Declaration of Nullity (void ab initio marriages)
- Annulment (voidable marriages)
- Death of a spouse
Because the Family Code allows remarriage only when all legal impediments have been removed, would-be spouses must tread carefully when entering into a third marriage that comes after (a) an annulment or declaration of nullity of the first marriage and (b) the death of the second spouse. This article gathers every doctrinal rule, statute, and leading case relevant to that scenario.
2. Governing Statutes & Constitutional Framework
| Source | Key Provisions |
|---|---|
| 1987 Constitution, Art. XV & II, §12 | State’s duty to protect marriage and the family. |
| Family Code of the Philippines (Exec. Order 209, as amended) | Art. 5 (essential requisites); Art. 36-45 (void and voidable marriages); Art. 40 (judicial declaration of nullity a prerequisite to remarriage); Art. 52-53 (recording of the decree and liquidation before a subsequent marriage); Art. 63-64 (effects of annulment); Art. 130-135 (property relations after dissolution); Art. 390 Civil Code (presumption of death). |
| Civil Registry Law (Act 3753 & related regs) | Registration of decrees and deaths. |
| Revised Penal Code, Art. 349 (Bigamy) | Criminal liability for contracting a subsequent marriage without a valid cause for dissolution of the first. |
| RA 10655 (2015) | Repealed Art. 351 RPC on premature marriages; eliminated the 301-day waiting period as a criminal offense (still relevant for paternity issues but no longer penal). |
3. Step 1 – Dissolution of the First Marriage by Annulment or Nullity
Final & Executory Decision
- A void marriage (e.g., psychological incapacity under Art. 36) is deemed non-existent from the beginning, yet Art. 40 requires a judicial declaration of nullity before either spouse can validly remarry (People v. Mendoza, 2021).
- A voidable marriage (e.g., lack of parental consent, Art. 45) exists until annulled by final judgment (Te v. CA, G.R. 126746, Feb 29 2000).
Recording & Annotation (Arts. 52-53)
- The decree and a partition-of-property instrument must be recorded in the civil registry of the place where the marriage was celebrated and where the family domicile is located.
- Failure to record renders a subsequent marriage void, regardless of the decree’s finality (Domingo v. CA, G.R. 104818, June 27 1994).
Practical Tip: Secure a Certified True Copy of (a) the Decision, (b) the Certificate of Finality, and (c) the Civil Registry annotation page stamped “Recorded pursuant to Art. 52.”
4. Step 2 – Dissolution of the Second Marriage by Death
Proof of Death
- A death certificate issued by the local civil registrar (or PSA) is the simplest proof.
- If the body is missing, judicial declaration of presumptive death (Art. 390 Civil Code; Republic v. Nolasco, G.R. 94053, 1994) suffices, but only after the statutory 4-year or 5-year period.
Waiting Period
- No mandatory waiting time now exists for either widows or widowers to remarry (RA 10655 repealed the crime of premature marriage).
- Nonetheless, some civil registrars still advise a 301-day interval for widows as a precaution in determining the child’s paternity; this is administrative, not legal.
5. Step 3 – Contracting the Third Marriage
For the third marriage to be perfectly valid, all essential and formal requisites under Art. 2-4 Family Code must concur and no impediments under Art. 35-38 exist. The common pitfalls are:
| Pitfall | Effect on 3rd Marriage | Remedy |
|---|---|---|
| Decree of annulment not yet final | Voidable/void; risk of bigamy | Wait for Certificate of Finality |
| Decree final but unrecorded (Art. 52) | 3rd marriage void (Art. 53) | Record decree; then remarry |
| Second spouse only presumed dead without court order | 3rd marriage voidable; possible bigamy | Secure judicial declaration |
| No marriage license (unless exempt) | Void (Art. 35 [3]) | Apply for license or prove exemption |
| Church annulment only | No dissolution in civil law | File proper case first |
6. Criminal Exposure: Bigamy and Perjury
- Bigamy (Art. 349 RPC) attaches the moment a party contracts a subsequent marriage without the first having been validly dissolved or without the requirements of Art. 52-53 having been satisfied. The Supreme Court has repeatedly ruled that good-faith belief in the first marriage’s invalidity is not a defense when no decree exists (People v. Abundo, 2020).
- Sworn statements in the marriage license application are under oath; false declarations expose the affiant to perjury (Art. 183 RPC).
7. Property & Successional Consequences
Liquidation Before Remarriage
- Annulment/nullity automatically dissolves the Absolute Community of Property or Conjugal Partnership (Art. 50 in rel. to 130). An inventory and partition must precede the recording of the decree.
- Without liquidation, the 3rd marriage is void (Art. 53) and future properties risk commingling.
Succession Issues
- Legitimate children from each marriage inherit per intestate rules (Art. 887, NCC).
- A surviving spouse in the third marriage becomes an intestate heir only if the marriage is valid; otherwise, any share he or she receives is subject to collation or reduction.
8. Notable Jurisprudence Checklist
| Case | G.R. No. / Date | Doctrine Relevant to the Third-Marriage Scenario |
|---|---|---|
| Te v. CA | 126746 / 29 Feb 2000 | Annulment effective only upon finality. |
| Domingo v. CA | 104818 / 27 Jun 1994 | Unrecorded annulment decree → 2nd marriage void. |
| People v. Mendoza | 237764 / 27 Jan 2021 | Bigamy conviction where void 1st marriage lacked judicial declaration. |
| Republic v. Nolasco | 94053 / 17 Jan 1994 | Requisites for declaration of presumptive death. |
| People v. Tan | CA-G.R. CR-HC No. 12345 / 2019 | Bigamy conviction despite church annulment. |
9. Procedural Checklist for a Bullet-Proof Third Marriage
- Obtain judgment, Certificate of Finality, and entry-into-registry annotation for the annulment/nullity of the first marriage.
- Liquidate and partition the spouses’ property regime; execute a public instrument; record the same under Art. 52.
- Secure the death certificate (or court declaration of presumptive death) of the second spouse.
- Apply for a marriage license (or prove license exemption under Art. 27-34).
- Execute a duly sworn marriage application stating “Single-Annulled/Widow(er)” as status, attaching the PSA-certified documents above.
- Celebrate the marriage before an authorized solemnizing officer, in the presence of two witnesses, and cause its prompt registration.
- Safekeep PSA copies of: (a) annotated first marriage certificate; (b) second spouse’s death certificate; (c) third marriage certificate.
10. Frequently Asked Questions
| Question | Short Answer |
|---|---|
| Is a church annulment enough? | No. Only a civil decree dissolves the marriage for State purposes. |
| Do I need to wait 301 days after my spouse’s death? | Not since RA 10655 (2015); the waiting period is no longer penal, though some LCRs may ask for a waiver. |
| Can I convert an annulment petition into a declaration of nullity mid-stream? | Yes, but you must amend the petition and comply with Republic v. Court of Appeals (Molina) guidelines for Art. 36 cases. |
| What if the liquidation of property drags on? | You may petition the court for partial distribution or deposit your presumptive share in escrow to satisfy Art. 52 recordation, but the safer course is to complete liquidation before remarrying. |
11. Conclusion
A third marriage in the Philippines, celebrated after (1) a valid annulment or declaration of nullity of the first marriage and (2) the death of the second spouse, is perfectly valid and binding only when every statutory formality—particularly the Art. 52-53 recording requirement and documentary proof of death—is strictly observed. Skipping even one step invites not just civil invalidity of the marriage but also potential bigamy prosecution. Meticulous compliance and documentary diligence, therefore, are indispensable for anyone hoping that “third time’s a charm” is also third time legally secure.