Persons July 30, 2012

Essential marital obligations: Art. 68-71; 220,221,225

1. obligations between spouses
2. to parents and their children
Art. 41 presumptive death; valid bigamous marriage
Secure a judicial declaration of presumptive death prove wellfounded belief
- Summary proceeding only (affidavit and ask questions)
Affidavit of reappearance needed if spouse reappears
- reappearing spouse or any interested party
- sworn statement of the fact and circumstances
- civil registry of the residence of the parties to the subsequent
marriage
- automatic termination of the subsequent marriage
Requirements to a valid marriage - Art. 41:
1. The absent spouse must have been absent for 4 or 2 years under
the circumstances provided by law
2. The present spouse must not know the whereabouts of the
absent spouse
3. There must be a well-founded belief that the absent spouse is
already dead
4. There must be institution of a summary action for the declaration
of presumptive death of the absent spouse
5. There must be a final judgment declaring the absent spouse
presumptively dead
Article 42
The following shall be presumed dead for all purposes including the
division of the estate among the heirs:
1. A person on board a vessel during a sea voyage, or an airplane
which is missing, who has not been heard of for 2 years since the
loss of the vessel
2. A person in the armed forces who has taken part in war 2 years
3. A person who has been in danger of death under other
circumstances and his existence has not been known for 2 years
*For civil code absence 4 years
*For marriage presumptive death 2 years
Prior to effectivity of Family Code no need for judicial declaration
If the spouse does not want to go back to the reappearing spouse
criminally liable for adultery or concubinage subsequent marriage
was already terminated
Can the reappearing spouse remarry to another man/woman NO

*It must be remembered that the judicial declaration is merely a

statement to the effect that the prior spouse is merely presumed dead.
The fact of death is not really established. (only prima facie)