Comments on: Presumption of Death and Remarriage

By: Anna

Anna — Fri, 22 Jan 2010 13:00:55 +0000

What is the procedure in getting a formal separation? My husband and I separated in 2004. I have been based in Germany since 2004. Can I seek legal separation through the Phil. Embassy in Germany?

Anna, do you mean annulment or legal separation they are not the same. Both require that a petition be filed in court in the Philippines. The embassy can not help you.

By: Ms.March

Ms.March — Sun, 10 Jan 2010 08:50:22 +0000

Would a church marriage in 2002 be legal though my husband’s 1st marriage was’nt null and void yet?The decision of the 1st marriage was null and void because of presumptive death(but he knew that his ex wife is just living abroad and also remarried in the Phils.)months after our church wedding.Would that make our 2nd marriage on 2008 in civil rights valid or still null and void? Thank you for yor insights.

Ms. March, since your husband obtained an annulment based on presumption of death your marriage is valid, but if the first wife appears and files an affidavit that shows she is still alive your marriage will be invalidated.

By: April

April — Thu, 07 Jan 2010 04:13:55 +0000

How long will it takes to file for presumption of death and how much will it cost? Can I ask help from PAO’s for this case?
Thank you!

April, contact the PAO to find out if they will help you.

By: Babe

Babe — Thu, 07 Jan 2010 04:09:53 +0000

My american ex-husband and i got separated 9years ago and i dont even heard of him since then, how can i file an annulment? i have heard that he got married again to other filipina, is that possible? that we’re not even annuled yet?how can i sue him or file an annulment that i dont know where he lives right now.
i want to get married to my filipino boyfriend will that be possible?
Thank you for your advice!

Babe, an American citizen may obtain a divorce in the USA and remarry even in the Philippines. If he obtained a divorce you need to get a copy of the divorce and file a petition for recognition of foreign divorce. Or you can file a petition for annulment. You don not need to know where he lives to file a petition for annulment.

By: Russell

Russell — Thu, 07 Jan 2010 03:53:52 +0000

Hello my scottish ex-husband and i got married here in the Philippines in civil and we separated 10yrs ago and i havent heard anything from him and i dont even know where he is right now, he might be dead by now coz he was ill, having a brain damaged, can i file a presumption of death? what are the requirements to file for this case and how it cost? or can i get married again without filling an annulment? i have a boyfriend now and we have plan of getting married in the church, will that be possible?
thanks for your advice!

Russell, you can not remarry legally without obtaining an annulment or showing proof of his death. Presumption of death is not based upon illness.

By: charlene

charlene — Mon, 04 Jan 2010 09:16:25 +0000

All I can say is the government should amend the family code especialy about annulment and legal separation. Many Filipinosnowa days are having domestic problems mostly about marriage. Both husbands and wives are emotionaly burdened by the relationship including the children. The goverment should look into this because the family is the basinc unit of society, and we cant function well if the family is in suffering for many causes eg. domestic abuse. I find it hypocrite being in a country a roman catholics but theres no being christian seeing a lot of abuses in women and children. Our country should legalize divorce.

By: Marissa L

Marissa L — Mon, 28 Dec 2009 00:17:48 +0000

This is about presumption of death. One of the conditions is:
Or other situations where there is a high chance that death may have occurred within a 2 year period.

My husband left the house more than 3 years ago. I suspected he was having an affair. months after he left the house.. people and collectors from different company) are coming to the house looking for him because he owed them money or got things such as motorcycles from them. Most them are mad at him. One even said they will do something bad to him if they see him. Neighbors heard them said that. I recently contact his brothers due to the tax waiver but they all said he has not seen him in years. They became orphaned at a young age and grew up apart so they are not close to each other so I believe that they have not seen him at all. Can I file presumption of death in the court due to this?

Marissa L, do you have evidence of there being a high chance that death may have occurred, if yes you may use those grounds to file the petition.

By: arnel

arnel — Thu, 26 Nov 2009 15:31:26 +0000

Good day to you..Please help me with my problem..I got married year 2003,that time i am 23 years old..I really dont know at that time what is really marriage..I just marry that woman because she told me that she is pregnant,but after our wedding she told me that she is not pregnant,she just did it because she want me to marry her. Frankly speaking i did not love that woman. I marry her because she told me she’s pregnant but she just blockmailed me. After she told me that she is not pregnant i got angry and everyday we make arguing and quarreling. In 2004 she went to Davao City because maybe she realized that i did not really love her. From 2004 until now 2009 i did not hear any news about her,in short we dont have communication for almost 6 years already. Year 2009,I fall in love with another woman and now we have 1 child,i want to marry this woman but i cant do it because when i filed the CENOMAR i found there that i have an existing marriege..MY QUESTION IS: CAN I FILE PRESUMPTIVE DEATH SO THAT I CAN MARRY AGAIN WITH THE WOMAN I LOVE?PLEASE HELP ME WITH MY PROBLEM?I REALLY DONT KNOW WHAT TO DO.

Arnel, you can not file presumption of death unless you have a well founded belief that your wife is already dead. The belief has to be based on witnesses or that your wife was living in a war zone or some very dangerous material.

By: Herence

Herence — Wed, 25 Nov 2009 08:08:10 +0000

Sir, if one gets married before the Family Code came into law, can he validly declare presumptive death only on the basis of his own assertion that the first wife has been absent for more than 7 years? He asserts Art. 83 of the Civil Code as against Art. 41 of the Family Code where one has to prove “well-founded belief”. Thank you.

Herence, the law in effect today is Art. 41 of the Family Code of the Philippines.

By: nadya

nadya — Fri, 20 Nov 2009 14:09:54 +0000

my friend (lets hide her as CITA)got pregnant by a man(lelts hide him as TOM) whom he just meet… & had a mutual understanding… but as soon as tom known he got CITA pregnant,,,he brought my cita to his autie & they started living there since cita dont know what to do…& afraid to go home to her parents…she was stocked there until she gave birth.. she cant live her child to work,, because she want to work because tom was irresponsible.. but she got preggy again.., tom became dependent to his auntie & cita was always upset… they do fight about finances as they have 2 kids & seems tom was justplaying…ofF & on on his as he is a trouble maker wihtout cita knowing it…cita got a chance to get a job when tom was permanently jobless & do always got drunk.. until tom became so jelious about cita going home a bit late as her job was so far from home… so he keeps bitting cita…but still cita had geven him a chance… they went to prvince of cita to see citas parent & as for vacation.. but citas parent talk to tom to weather he want to marry cita ,, but cita dont have any plan getting married.. but tom decided to marry cita as citas parent anyway provided the small celebration.. . cita didn want but .. she got convinced to marry .. but she did not told her parent about tom bitting her… they went back to manila & cita think tom will change but he got worse & bits cita as much as he want..he claims cita made “pikot ” him..thats why he marry her.. cita was then like a punching bag & decided to leave tom after one year THEY GOT MARRIED & of being A PUNCHING BAG..as she can not stand it,,, even infront of their kis tom bit her..SHE BRING 2 KIDS TO HER PARENTS TO PROVINCE & CONTINUE TO HER WORK..since then they lost communication .. but tom knows where cita was… but he never give any support & even a call.. up to now.. CITA DONT KNOW WHERE TOM IS… BECAUSE SHE TRY TO ASK TOMS COUSIN ,,BUT THEY DONT KNOW WHERE HE WAS BECUASE HE DONT GO THERE IN HIS AUNTIE SINCE HE LEFT…MY QUESTION IS… DO THIER MARRIAGE CONSIDERED VOID? OR DOES CITA NEED TO FILE PSYCOLOGICAL INCAPACITY AGAINST TOM AS SHE WAS A BATTERED WIFE??? THANK PO ,, MORE POWER TO ALL.. PLEASE LET US HELP CITA… SHE WANT TO START NEW LIFE AS THERE IS SOME ONE WANTS TO TAKE CARE HER & HER KIDS,, & WANT TO MARRY HER…

Nadya, a marriage does not become void automatically, separation and no communication are not grounds for annulment. Cita should consult a lawyer to explore filing a petion for annulment on the grounds of psychological incapacity.