What happens when a spouse presumed dead returns and files for reappearance?

If your spouse disappears and you have no idea if they are alive or dead, you have the option to file for a declaration of presumptive death.

According to GMA resident laywer Atty. Gaby Concepcion, under Article 41 of the Family Code of the Philippines, the court can issue the declaration if the spouse has been absent for some time and you cannot be certain if they’re alive or dead.

“Pwede niyo i-file ito after two years, kung in danger of death ang pagkawala,” she said. “Apat na taon ‘pag walang danger of death pero biglang naglaho at walang proof of life.”

“Kung biglang nawala ang asawa niyo, sumakay ng barko, lumubog ito, pero hindi nakita ang katawan,” she cited as an example. “Umalis papuntang opisina at hindi na bumalik ulit na parang nakidnap pero walang humingi ng ransom, at hindi niyo talaga alam kung nasaan o kung buhay pa ito o patay na.”

Atty. Concepcion said that if the court issues a declaration of presumptive death of their spouse, Filipinos are free to remarry.

But what happens when the spouse returns?

“‘Pag biglang bumalik ang asawa niyo at mag-file ng reappearance, immediately walang bisa ang ikalawang kasal ninyo at buhay ang pangalawang kasal,” Atty. Concepcion said.

She also said that such a declaration does not apply to spouses who simply walked out of the marriage or family. In those cases, an annulment is needed to formally end the marriage.

“Hangga’t hindi na-a-amedahan ang batas natin, o nakakaroon ng divorce, kahit na isang daang taon pa kayong hiwalay ay mananatili kayong kasal, unless magkaroon kayo ng annulment o declaration of nullity para mapawalang bisa ng korte ang inyong kasal.” —JCB, GMA Integrated News