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    Presumptive Death

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    Hanna Pentiño
    A husband filed a petition for presumptive death of his wife who left after giving birth to their child. After 7 years of failed searches, he wanted to marry B. The court can declare the wife presumptively dead since the required time period has passed. If the husband married B before a declaration, that marriage would be void as a previous marriage must end. If after 10 years the first wife reappeared, the subsequent marriage to C would be void unless annulled as bigamy since two valid marriages cannot exist simultaneously.

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    Presumptive Death

    Uploaded by

    Hanna Pentiño
    792 views1 page
    A husband filed a petition for presumptive death of his wife who left after giving birth to their child. After 7 years of failed searches, he wanted to marry B. The court can declare the wife presumptively dead since the required time period has passed. If the husband married B before a declaration, that marriage would be void as a previous marriage must end. If after 10 years the first wife reappeared, the subsequent marriage to C would be void unless annulled as bigamy since two valid marriages cannot exist simultaneously.

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    A husband filed a petition for presumptive death of his wife who left after giving birth to their child. After 7 years of failed searches, he wanted to marry B. The court can declare the wife presumptively dead since the required time period has passed. If the husband married B before a declaration, that marriage would be void as a previous marriage must end. If after 10 years the first wife reappeared, the subsequent marriage to C would be void unless annulled as bigamy since two valid marriages cannot exist simultaneously.

    Copyright:

    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    792 views1 page

    Presumptive Death

    Uploaded by

    Hanna Pentiño
    A husband filed a petition for presumptive death of his wife who left after giving birth to their child. After 7 years of failed searches, he wanted to marry B. The court can declare the wife presumptively dead since the required time period has passed. If the husband married B before a declaration, that marriage would be void as a previous marriage must end. If after 10 years the first wife reappeared, the subsequent marriage to C would be void unless annulled as bigamy since two valid marriages cannot exist simultaneously.

    Copyright:

    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    of 1

    Husband filed a petition for the declaration of presumptive death of

    his wife. Husband claimed that wife left their conjugal home after
    giving birth to his child. After seven years, his efforts to look for her
    proved fruitless. Husband now wants to marry B.
    A. Can the husband file for declaration of presumptive death of
    his wife?
    B. If before, the courts release the declaration of presumptive
    death, husband and B got married. What is the status of the
    marriage?
    C. After 10 years wife suddenly reappears. What are the effects
    to the marriage of husband and C?
    Answer:
    A. Yes, Under article 41 husband may file for declaration of
    presumptive death when he has well founded belief that the
    absent spouse was already dead.
    B. The marriage is void. Under same article a marriage
    contracted by any person during the subsistence of a
    previous marriage shall be null and void. Under article 44, If
    both spouses of the subsequent marriage acted in bad faith,
    said marriage shall be void ab initio. A judicial declaration of
    presumptive death is a requirement under the new Family
    Code (Valdez V Rep, G.R 180863, September 8, 2009)
    C. Unless there is a judgment of annulling the previous marriage
    or declaring of void ab initio, automatic termination of
    subsequent marriage can be obtained by recording of the
    affidavit of reappearance of the absent spouse in the civil
    registry of the residence of the parties to the subsequent
    marriage pursuant to Art. 42. If however the spouse does not
    file said affidavit or sworn statement with civil register of the
    fact of reappearance, there will be technically be 2 valid
    marriages. However the subsequent marriage is void, then
    there is no valid bigamous marriage as subsequent marriage
    was done in bad faith, under article 52.

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