S.A 2020/21 B.E CIVIL LAW | Question #3

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 SUGGESTED ANSWERS TO THE 2020/21 BAR EXAMINATIONS IN CIVIL LAW | Question #3 



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A wife was able to validly obtain a judicial declaration of her husband’s presumptive death after he had disappeared for 10 years. She then remarried in accordance with law. To her surprise, a few years after her remarriage, her first husband reappeared. Does the first husband’s reappearance automatically, without need of any further act, terminate the second marriage? Explain briefly.


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SUGGESTED ANSWER:


No, the mere reappearance of the first husband will not automatically terminate the subsequent marriage contracted by the wife. Under Article 42 of the Family Code, the subsequent marriage shall be automatically terminated by the recording of the affidavit of reappearance of the absent spouse in the appropriate civil registry. Also, in a case decided by the Supreme Court (SSS v. Vda. De Bailon 485 SCRA 376 [March 24, 2006]), it ruled that if the absentee spouse reappears, but no step is taken to terminate the subsequent marriage, either by affidavit or court action, such absentee’s mere reappearance, even if made known to the spouses in the subsequent marriage wil not terminate such marriage. 


Code: S.A 2020/21 B.E CIVIL LAW | Question #3

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