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.