Validity of a Third Marriage After an Annulment and the Death of a Spouse
(Philippine Legal Perspective)
1. Setting the Stage
The Philippines recognizes no absolute divorce for marriages celebrated in the country. Under the Family Code of the Philippines (Executive Order No. 209, as amended), a marriage may be dissolved only by:
- Death of one spouse (Art. 99 Civil Code; Arts. 1 & 43 [1], [2] Family Code)
- Annulment (voidable marriage—Arts. 45-47 Family Code) or Declaration of Nullity (void marriage—Art. 35 et seq.)
- Legal separation (does not dissolve the bond; remarriage is barred)
- Recognition of a valid foreign divorce obtained by an alien spouse (Art. 26 [2])
From these premises flow the rules for subsequent marriages—a second, third, or later union. A “third marriage” typically means:
| Marriage | Status-changing event | Resulting civil status |
|---|---|---|
| First | Judicial annulment / nullity decree | Both parties regain capacity to marry, subject to Art. 52-53 annotation |
| Second | Death of the spouse | Surviving spouse becomes a widow/er, free to remarry once the death is properly recorded |
| Third | Marriage presently in question | Must comply with all formal & substantive requisites or it can be challenged for bigamy or voidness |
The key issue is whether the impediments posed by the first and second marriages have been validly removed and recorded at the time the third marriage is celebrated.
2. Relevant Statutory Rules
| Provision | Core mandate for remarriage | Practical effect |
|---|---|---|
| Art. 52 Family Code | A decree of annulment, nullity, or absolute separation of property “shall be registered in the appropriate civil registry” together with the court’s final judgment. | Registration & annotation are conditions precedent for valid remarriage. |
| Art. 53 Family Code | Failure to record the decree renders any subsequent marriage void and exposes the parties to criminal liability for bigamy (People v. Court of Appeals, G.R. 108879, Sept 10 1993). | Even after winning annulment, one must secure an annotated CENOMAR / marriage record before marrying again. |
| Art. 45-47 Family Code | Grounds & prescriptive periods for annulment of voidable marriages. | A voidable marriage remains valid until annulled; one cannot remarry during the pendency of the case. |
| Art. 40 Family Code | A party must first obtain a judicial declaration of nullity before contracting another marriage. | Avoids self-help; protects against bigamy. |
| Art. 87 Revised Penal Code (Bigamy) | Contracting a second/subsequent marriage while the former is still in force = felony. | Bigamy attaches unless the previous bond was already dissolved and properly annotated. |
| Art. 27 Civil Code | Proof of death is the death certificate. | One becomes a widow/er only upon factual & civil registration of death. |
3. Step-By-Step Analysis of the Third Marriage Scenario
Fact pattern
• First marriage: annulled (voidable) by final judgment.
• Second marriage: validly celebrated; later terminated by the death of the second spouse.
• Prospective third marriage: parties now wish to wed.
Was the annulment decree recorded?
- Requirement: The clerk of court transmits an entry of judgment to the Local Civil Registrar (LCR); the LCR annotates both the marriage certificate and the CENOMAR of the parties.
- Effect: Only after annotation does the first marriage cease to be an impediment (People v. Digo, G.R. No. 200332, Oct 2 2013).
Was the second spouse’s death recorded?
- Requirement: A civil registry death certificate issued by the LCR or PSA.
- Effect: Death automatically extinguishes the second marriage. No court action is required, but the death must be registrable and verifiable (Art. 5 Family Code formal requisites demand presentation of legal capacity to marry).
Documentary proof at the time of the third marriage
- CENOMAR reflecting:
- Annotation of the annulment/nullity of first marriage;
- Status “widow/er” due to recorded death of second spouse.
- Judicial decree & certificate of finality (usually required by the solemnizing officer for due diligence).
- Death certificate of the second spouse.
- CENOMAR reflecting:
Form & formalities (Arts. 3–4 Family Code)
- Marriage license (unless exempt under Art. 23–34).
- Authority of the solemnizing officer.
- Two competent witnesses.
- Marriage ceremony.
Failing any of the above formalities voids the third marriage under Art. 4.
4. Common Pitfalls
| Misstep | Consequence | Illustrative case |
|---|---|---|
| Contracting the third marriage before the LCR annotates the annulment decree. | Third marriage void; parties criminally liable for bigamy (Art. 349 RPC). | Morigo v. People, G.R. No. 145226 (Feb 6 2004) – Accused acquitted because first marriage was void yet not yet judicially declared; error bars conviction but marriage still void. |
| Believing that an annulment petition (still pending) already frees a spouse. | Bigamy conviction possible (People v. Court of Appeals, supra). | Petition does not suspend impediment. |
| Relying on a PSA CENOMAR that has not yet been updated. | Good-faith defense to bigamy is weak; one is expected to know their own impediments. | Abundo v. People, G.R. No. 204639 (Mar 14 2018). |
5. Special Complications
Foreign elements
- If the second marriage was celebrated abroad and spouse dies abroad, have the foreign death certificate authenticated and recorded with the Philippine embassy and subsequently the PSA (Rule on the Annotation of Civil Registry Documents).
Property relations
- The annulment decree must include liquidation of the first marriage’s relative community or conjugal partnership (Art. 50-51), delivered to the court. Non-liquidation bars issuance of final decree (Montemayor v. Torres-Montemayor, G.R. No. 210610, Feb 8 2017).
Succession
- Legitime rights of children from all marriages remain; a third marriage creates another compulsory heir bracket (Arts. 887-889 Civil Code).
Criminal estoppel
- A spouse acquitted of bigamy for lack of intent or because first marriage was void may still face a civil declaration that the third marriage is void (criminal & civil proceedings are independent).
6. Timeline Checklist Before a Third Marriage
| Step | Who acts | When complete? |
|---|---|---|
| Secure finality certificate of annulment judgment | Clerk of Court | ~15 days after receipt of decision, absent appeal |
| Transmit decree & entry of judgment to LCR & PSA | Clerk of Court | Immediately upon finality |
| Wait for PSA annotation (CENOMAR reflects single/widow) | PSA | 2-4 months typical |
| Obtain death certificate of second spouse & PSA copy | Surviving spouse | Within 30 days of death registration |
| Apply for marriage license with updated documents | Prospective spouses | 10-day posting period (Art. 17) |
| Celebrate third marriage | Solemnizing officer | Any time within 120 days from license issuance (Art. 20) |
| Register marriage certificate within 15 days (solemnizing officer) | LCR | Ensures incontrovertible record |
7. Answers to Frequently Asked Questions
| Question | Short answer | Authority |
|---|---|---|
| “Can we hold the wedding while waiting for PSA annotation if we already have the court decree?” | No. Annotation under Arts. 52-53 is a sine qua non for remarriage. | People v. Court of Appeals |
| “What if the first marriage was void ab initio; do we still need a decree?” | Yes. Art. 40 requires a declaration of nullity before a subsequent marriage; otherwise the third marriage is void. | Te v. Te, G.R. No. 161793 (2009) |
| “Is ignorance of the missing annotation a defense to bigamy?” | Generally no; parties are charged with knowledge of their marital status. | Abundo v. People |
| “Does legal separation lift any impediment?” | No. It does not dissolve the marriage; remarriage remains barred (Art. 63 [2]). | Family Code |
8. Best-Practice Recommendations for Practitioners & Parties
- Track the annotation. Follow up with PSA and secure updated CENOMARs before applying for a license.
- Keep certified true copies of: annulment decision, entry of judgment, death certificate, and annotated marriage certificates.
- Educate the solemnizing officer; some priests/judges still mistake a court decree alone as sufficient.
- Liquidate property regimes early to avoid Art. 51 delays.
- Advise clients against symbolic or “spiritual” ceremonies before civil compliance; they can be prosecuted for bigamy even if they think the rite is merely private.
9. Conclusion
A third marriage can be perfectly valid in Philippine law—but only if every prior impediment has been judicially cleared, properly annotated, and duly recorded. The annulment of the first marriage must pass through Arts. 50-53 formalities, while the dissolution of the second marriage by death must be evidenced by a registered death certificate. Skipping any of these documentary and registry steps renders the third marriage void, exposes the parties to bigamy charges, complicates property regimes, and jeopardizes the legitimacy rights of future children. Meticulous compliance with the Family Code’s recording requirements is therefore the indispensable key to a legally unassailable third marriage in the Philippines.