G.R.No.187061.October8,2014.

*

CELERINA J. SANTOS, petitioner, vs. RICARDO T. SANTOS,
respondent.

RemedialLawCivilProcedureAnnulmentofJudgmentAnnulmentof
judgment is the remedy when the Regional Trial Courts (RTCs) judgment,
order, or resolution has become final, and the remedies of new trial,
appeal, petition for relief (or other appropriate remedies) are no longer
availablethroughnofaultofthepetitioner.Annulmentofjudgmentisthe
remedy when the Regional Trial Courts judgment, order, or resolution has
become final, and the remedies of new trial, appeal, petition for relief (or
other appropriate remedies) are no longer available through no fault of the
petitioner. The grounds for annulment of judgment are extrinsic fraud and
lack of jurisdiction. This court defined extrinsic fraud in Stilianopulos v.
City of Legaspi, 316 SCRA 523 (1999): For fraud to become a basis for
annulment of judgment, it has to be extrinsic or actual. It is intrinsic when
thefraudulentactspertaintoanissueinvolvedintheoriginalactionorwhere
the acts constituting the fraud were or could have been litigated. It is
extrinsicorcollateralwhenalitigantcommitsactsoutsideofthetrialwhich
prevents a party from having a real contest, or from presenting all of his
case,suchthatthereisnofairsubmissionofthecontroversy.
Civil Law Family Code Declaration of Presumptive Death The
FamilyCodeprovidesthatitistheproofofabsenceofaspouseforfour(4)
consecutiveyears,coupledwithawellfoundedbeliefbythepresentspouse
that the absent spouse is already dead, that constitutes a justification for a
second marriage during the subsistence of another marriage.The Family
Codeprovidesthatitistheproofofabsenceofaspouseforfourconsecutive
years, coupled with a wellfounded belief by the present spouse that the
absent spouse is already dead, that constitutes a justification for a second
marriageduringthesubsistenceofanothermarriage.TheFamilyCodealso
provides that the second marriage is in danger of being terminated by the
presumptivelydeadspousewhenheorshereappears.

*SECONDDIVISION.

638

638 SUPREMECOURTREPORTSANNOTATED
 Santosvs.Santos

Same Same Same Affidavit of Reappearance The filing of an

affidavitofreappearanceisanadmissiononthepartofthefirstspousethat
his or her marriage to the present spouse was terminated when he or she
wasdeclaredabsentorpresumptivelydead.TheFamilyCodeprovidesthe
presumptively dead spouse with the remedy of terminating the subsequent
marriagebymerereappearance.Thefilingofanaffidavitofreappearanceis
an admission on the part of the first spouse that his or her marriage to the
present spouse was terminated when he or she was declared absent or
presumptively dead. Moreover, a close reading of the entire Article 42
reveals that the termination of the subsequent marriage by reappearance is
subject to several conditions: (1) the nonexistence of a judgment annulling
thepreviousmarriageordeclaringitvoidabinitio(2)recordinginthecivil
registry of the residence of the parties to the subsequent marriage of the
swornstatementoffactandcircumstancesofreappearance(3)duenoticeto
the spouses of the subsequent marriage of the fact of reappearance and (4)
thefactofreappearancemusteitherbeundisputedorjudiciallydetermined.
SameSameSameWhensubsequentmarriagesarecontractedaftera
judicialdeclarationofpresumptivedeath,apresumptionarisesthatthefirst
spouse is already dead and that the second marriage is legal.When
subsequent marriages are contracted after a judicial declaration of
presumptivedeath,apresumptionarisesthatthefirstspouseisalreadydead
andthatthesecondmarriageislegal.Thispresumptionshouldprevailover
the continuance of the marital relations with the first spouse. The second
marriage, as with all marriages, is presumed valid. The burden of proof to
show that the first marriage was not properly dissolved rests on the person
assailingthevalidityofthesecondmarriage.
Same Same Same Mere reappearance will not terminate the
subsequent marriage even if the parties to the subsequent marriage were
notified if there was no step taken to terminate the subsequent marriage,
eitherbyfilinganaffidavitofreappearanceorbycourtaction.Thiscourt
recognizedtheconditionalnatureofreappearanceasacauseforterminating
the subsequent marriage in Social Security System v. Vda. de Bailon, 485
SCRA 376 (2006). This court noted that mere reappearance will not
terminate the subsequent marriage even if the parties to the subsequent
marriage were notified if there was no step . . . taken to terminate the
subsequent

639

VOL.737,OCTOBER8,2014 639

Santosvs.Santos
marriage, either by [filing an] affidavit [of reappearance] or by court
action[.] Since the second marriage has been contracted because of a
presumption that the former spouse is dead, such presumption continues
inspite of the spouses physical reappearance, and by fiction of law, he or
she must still be regarded as legally an absentee until the subsequent
marriageisterminatedasprovidedbylaw.
Same Same Same Conditions for a Bigamous Subsequent Marriage
to be Considered Valid.A second marriage is bigamous while the first
subsists. However, a bigamous subsequent marriage may be considered
valid when the following are present: 1) The prior spouse had been absent
forfourconsecutiveyears2)Thespousepresenthasawellfoundedbelief
that the absent spouse was already dead 3) There must be a summary
proceedingforthedeclarationofpresumptivedeathoftheabsentspouseand
4)Thereisacourtdeclarationofpresumptivedeathoftheabsentspouse.
SameSameSameBigamousMarriagesMarriagescontractedprior
to the valid termination of a subsisting marriage are generally considered
bigamousandvoid.Asubsequentmarriagecontractedinbadfaith,evenif
it was contracted after a court declaration of presumptive death, lacks the
requirement of a wellfounded belief that the spouse is already dead. The
first marriage will not be considered as validly terminated. Marriages
contracted prior to the valid termination of a subsisting marriage are
generally considered bigamous and void. Only a subsequent marriage
contractedingoodfaithisprotectedbylaw.
SameSameSameAsubsequentmarriagemayalsobeterminatedby
filing an action in court to prove the reappearance of the absentee and
obtain a declaration of dissolution or termination of the subsequent
marriage.TheprovisiononreappearanceintheFamilyCodeasaremedy
to effect the termination of the subsequent marriage does not preclude the
spouse who was declared presumptively dead from availing other remedies
existing in law. This court had, in fact, recognized that a subsequent
marriage may also be terminated by filing an action in court to prove the
reappearance of the absentee and obtain a declaration of dissolution or
terminationofthesubsequentmarriage.

640

640 SUPREMECOURTREPORTSANNOTATED

Santosvs.Santos

Same Same Same Legitimate Children Since an undisturbed

subsequent marriage under Article 42 of the Family Code is valid until
terminated, the children of such marriage shall be considered legitimate,
and the property relations of the spouse[s] in such marriage will be the
same as in valid marriages.Since an undisturbed subsequent marriage
under Article 42 of the Family Code is valid until terminated, the children
ofsuchmarriageshallbeconsideredlegitimate,andthepropertyrelationsof
thespouse[s]insuchmarriagewillbethesameasinvalidmarriages.Ifit
isterminatedbymerereappearance,thechildrenofthesubsequentmarriage
conceived before the termination shall still be considered legitimate.
Moreover, a judgment declaring presumptive death is a defense against
prosecutionforbigamy.Itistruethatinmostcases,anactiontodeclarethe
nullityofthesubsequentmarriagemaynullifytheeffectsofthesubsequent
marriage,specifically,inrelationtothestatusofchildrenandtheprospectof
prosecutingarespondentforbigamy.

PETITIONforreviewoncertiorarioftheresolutionsoftheCourtof
Appeals.
ThefactsarestatedintheopinionoftheCourt.
Cario&Mabalotforpetitioner.
GilD.Genorga,Jr.forrespondent.

LEONEN,J.:

The proper remedy for a judicial declaration of presumptive
deathobtainedbyextrinsicfraudisanactiontoannulthejudgment.
An affidavit of reappearance is not the proper remedy when the
persondeclaredpresumptivelydeadhasneverbeenabsent.
This is a petition for review on certiorari filed by Celerina J.
Santos,assailingtheCourtofAppealsresolutionsdatedNovember
28, 2008 and March 5, 2009. The Court of Appeals dismissed the
petitionfortheannulmentofthetrialcourtsjudgmentdeclaringher
presumptivelydead.

641

VOL.737,OCTOBER8,2014 641
Santosvs.Santos

On July 27, 2007, the Regional Trial Court of Tarlac City

declaredpetitionerCelerinaJ.Santos(Celerina)presumptivelydead
afterherhusband,respondentRicardoT.Santos(Ricardo),hadfiled
a petition for declaration of absence or presumptive death for the
purpose of remarriage on June 15, 2007.1 Ricardo remarried on
September17,2008.2

In his petition for declaration of absence or presumptive death,

RicardoallegedthatheandCelerinarentedanapartmentsomewhere
inSanJuan,MetroManila,aftertheyhadgottenmarriedonJune18,
1980.3Afterayear,theymovedtoTarlacCity.Theywereengaged
inthebuyandsellbusiness.4

Ricardoclaimedthattheirbusinessdidnotprosper.5Asaresult,
Celerinaconvincedhimtoallowhertoworkasadomestichelperin
Hong Kong.6 Ricardo initially refused but because of Celerinas
Hong Kong.6 Ricardo initially refused but because of Celerinas
insistence,heallowedhertoworkabroad.7Sheallegedlyappliedin
anemploymentagencyinErmita,Manila,inFebruary1995.Sheleft
Tarlactwomonthsafterandwasneverheardfromagain.8

RicardofurtherallegedthatheexertedeffortstolocateCelerina.9
HewenttoCelerinasparentsinCubao,QuezonCity,butthey,too,
didnotknowtheirdaughterswhereabouts.10Healsoinquiredabout
her from other relatives and friends, but no one gave him any
information.11

_______________

1Rollo,pp.23,2729,3536.
2Id.,atp.62.
3Id.,atp.27.
4Id.
5Id.
6Id.
7Id.
8Id.
9Id.,atp.28.
10Id.,atpp.2728.
11Id.,atp.28.

642

642 SUPREMECOURTREPORTSANNOTATED
Santosvs.Santos

Ricardoclaimedthatitwasalmost12yearsfromthedateofhis
Regional Trial Court petition since Celerina left. He believed that
shehadpassedaway.12
Celerina claimed that she learned about Ricardos petition only
sometime in October 2008 when she could no longer avail the
remediesofnewtrial,appeal,petitionforrelief,orotherappropriate
remedies.13
On November 17, 2008, Celerina filed a petition for annulment
of judgment14 before the Court of Appeals on the grounds of
extrinsic fraud and lack of jurisdiction. She argued that she was
deprived her day in court when Ricardo, despite his knowledge of
her true residence, misrepresented to the court that she was a
resident of Tarlac City.15 According to Celerina, her true residence
was in Neptune Extension, Congressional Avenue, Quezon City.16
This residence had been her and Ricardos conjugal dwelling since
1989 until Ricardo left in May 2008.17 As a result of Ricardos
misrepresentation, she was deprived of any notice of and
opportunity to oppose the petition declaring her presumptively
dead.18

Celerina claimed that she never resided in Tarlac.19 She also

neverleftandworkedasadomestichelperabroad.20Neitherdidshe
gotoanemploymentagencyinFebruary1995.21Shealsoclaimed
that it was not true that she had been absent for 12 years. Ricardo
was aware that she never left their conjugal dwelling in Quezon
City.22Itwashewho

_______________

12Id.
13Id.,atp.18.
14Id.,atpp.3745.
15Id.,atp.40.
16Id.,atpp.40,42.
17Id.
18Id.,atpp.4041.
19Id.,atp.42.
20Id.
21Id.
22Id.,atp.43.

643

VOL.737,OCTOBER8,2014 643
Santosvs.Santos

left the conjugal dwelling in May 2008 to cohabit with another

woman.23 Celerina referred to a joint affidavit executed by their
children to support her contention that Ricardo made false
allegationsinhispetition.24

Celerina also argued that the court did not acquire jurisdiction
over Ricardos petition because it had never been published in a
newspaper.25SheaddedthattheOfficeoftheSolicitorGeneraland
the Provincial Prosecutors Office were not furnished copies of
Ricardospetition.26

TheCourtofAppealsissuedtheresolutiondatedNovember28,
2008, dismissing Celerinas petition for annulment of judgment for
being a wrong mode of remedy.27 According to the Court of
Appeals,theproperremedywastofileaswornstatementbeforethe
civilregistry,declaringherreappearanceinaccordancewithArticle
42oftheFamilyCode.28

 Celerina filed a motion for reconsideration of the Court of

Appeals resolution dated November 28, 2008.29 The Court of
Appeals denied the motion for reconsideration in the resolution
datedMarch5,2009.30

Hence,thispetitionwasfiled.
TheissueforresolutioniswhethertheCourtofAppealserredin
dismissingCelerinaspetitionforannulmentofjudgmentforbeinga
wrong remedy for a fraudulently obtained judgment declaring
presumptivedeath.
Celerina argued that filing an affidavit of reappearance under
Article42oftheFamilyCodeisappropriateonlywhenthespouseis
actuallyabsentandthespouseseekingthedec

_______________

23Id.
24Id.
25Id.,atp.41.
26Id.
27Id.,atp.23.
28Id.,atpp.2324.
29Id.,atp.25.
30Id.

644

644 SUPREMECOURTREPORTSANNOTATED
Santosvs.Santos

laration of presumptive death actually has a wellfounded belief of

thespousesdeath.31Sheaddedthatitwouldbeinappropriatetofile
an affidavit of reappearance if she did not disappear in the first
place.32 She insisted that an action for annulment of judgment is
proper when the declaration of presumptive death is obtained
fraudulently.33
Celerina further argued that filing an affidavit of reappearance
under Article 42 of the Family Code would not be a sufficient
remedybecauseitwouldnotnullifythelegaleffectsofthejudgment
declaringherpresumptivedeath.34
InRicardoscomment,35hearguedthatapetitionforannulment
of judgment is not the proper remedy because it cannot be availed
whenthereareotherremediesavailable.Celerinacouldalwaysfile
an affidavit of reappearance to terminate the subsequent marriage.
Ricardo iterated the Court of Appeals ruling that the remedy
afforded to Celerina under Article 42 of the Family Code is the
appropriateremedy.
Thepetitionismeritorious.
 Annulment of judgment is the remedy when the Regional Trial
Courts judgment, order, or resolution has become final, and the
remedies of new trial, appeal, petition for relief (or other
appropriateremedies)arenolongeravailablethroughnofaultofthe
petitioner.36
The grounds for annulment of judgment are extrinsic fraud and
lack of jurisdiction.37 This court defined extrinsic fraud in
Stilianopulosv.CityofLegaspi:38

_______________

31Id.,atp.16.
32Id.
33Id.
34Id.,atpp.1617.
35Id.,atpp.5767.
36RulesofCourt,Rule47,Sec.1.
37RulesofCourt,Rule47,Sec.2.
38Stilianopulosv.CityofLegaspi, 374 Phil. 879 316 SCRA 523 (1999) [Per J.
Panganiban,ThirdDivision].

645

VOL.737,OCTOBER8,2014 645
Santosvs.Santos

For fraud to become a basis for annulment of judgment, it has to be

extrinsicoractual.Itisintrinsicwhenthefraudulentactspertaintoanissue
involved in the original action or where the acts constituting the fraud were
or could have been litigated. It is extrinsic or collateral when a litigant
commitsactsoutsideofthetrialwhichpreventsapartyfromhavingareal
contest, or from presenting all of his case, such that there is no fair
submissionofthecontroversy.39(Emphasissupplied)

Celerina alleged in her petition for annulment of judgment that

therewasfraudwhenRicardodeliberatelymadefalseallegationsin
the court with respect to her residence.40 Ricardo also falsely
claimed that she was absent for 12 years. There was also no
publication of the notice of hearing of Ricardos petition in a
newspaperofgeneralcirculation.41Celerinaclaimedthatbecauseof
these, she was deprived of notice and opportunity to oppose
Ricardospetitiontodeclareherpresumptivelydead.42

Celerina alleged that all the facts supporting Ricardos petition

for declaration of presumptive death were false.43 Celerina further
claimedthatthecourtdidnotacquirejurisdictionbecausetheOffice
oftheSolicitorGeneralandtheProvincialProsecutorsOfficewere
notgivencopiesofRicardospetition.44

These are allegations of extrinsic fraud and lack of jurisdiction.
CelerinaallegedinherpetitionwiththeCourtofAppealssufficient
ground/sforannulmentofjudgment.

_______________

39Id.,atp.890.
40Rollo,pp.3940.
41Id.,atp.39.
42Id.,atpp.4041.
43Id.,atpp.4143.
44Id.,atp.41.

646

646 SUPREMECOURTREPORTSANNOTATED
Santosvs.Santos

Celerina filed her petition for annulment of judgment45 on

November17,2008.ThiswaslessthantwoyearsfromtheJuly27,
2007decisiondeclaringherpresumptivelydeadandaboutamonth
from her discovery of the decision in October 2008. The petition
was, therefore, filed within the fouryear period allowed by law in
case of extrinsic fraud, and before the action is barred by laches,
whichistheperiodallowedincaseoflackofjurisdiction.46
TherewasalsonoothersufficientremedyavailabletoCelerinaat
thetimeofherdiscoveryofthefraudperpetratedonher.
Thechoiceofremedyisimportantbecauseremediescarrywith
themcertainadmissions,presumptions,andconditions.
The Family Code provides that it is the proof of absence of a
spouse for four consecutive years, coupled with a wellfounded
beliefbythepresentspousethattheabsentspouseisalreadydead,
that constitutes a justification for a second marriage during the
subsistenceofanothermarriage.47

_______________

45Id.,atpp.3745.
46RulesofCourt,Rule47,Sec.3.
47Art.41.Amarriagecontractedbyanypersonduringsubsistenceofaprevious
marriage shall be null and void, unless before the celebration of the subsequent
marriage,thepriorspousehadbeenabsentforfourconsecutiveyearsandthespouse
presenthasawellfoundedbeliefthattheabsentspousewasalreadydead.Incaseof
disappearancewherethereisdangerofdeathunderthecircumstancessetforthinthe
provisions of Article 391 of the Civil Code, an absence of only two years shall be
sufficient.
 For the purpose of contracting the subsequent marriage under the preceding
paragraph,thespousepresentmustinstituteasummaryproceedingasprovidedinthis
Codeforthedeclarationofpresumptivedeathoftheabsentee,withoutprejudicetothe
effectofreappearanceoftheabsentspouse.

647

VOL.737,OCTOBER8,2014 647
Santosvs.Santos

The Family Code also provides that the second marriage is in

dangerofbeingterminatedbythepresumptivelydeadspousewhen
heorshereappears.Thus:

Article42.ThesubsequentmarriagereferredtointheprecedingArticle
shall be automatically terminated by the recording of the affidavit of
reappearanceoftheabsentspouse,unless there is a judgment annulling the
previousmarriageordeclaringitvoidabinitio.
Aswornstatementofthefactandcircumstancesofreappearanceshallbe
recordedinthecivilregistryoftheresidenceofthepartiestothesubsequent
marriage at the instance of any interested person, with due notice to the
spouses of the subsequent marriage and without prejudice to the fact of
reappearance being judicially determined in case such fact is disputed.
(Emphasissupplied)

Inotherwords,theFamilyCodeprovidesthepresumptivelydead
spouse with the remedy of terminating the subsequent marriage by
merereappearance.
Thefilingofanaffidavitofreappearanceisanadmissiononthe
partofthefirstspousethathisorhermarriagetothepresentspouse
was terminated when he or she was declared absent or
presumptivelydead.
Moreover,aclosereadingoftheentireArticle42revealsthatthe
terminationofthesubsequentmarriagebyreappearanceissubjectto
severalconditions:(1)thenonexistenceofajudgmentannullingthe
previousmarriageordeclaringitvoidabinitio(2)recordinginthe
civil registry of the residence of the parties to the subsequent
marriage of the sworn statement of fact and circumstances of
reappearance (3) due notice to the spouses of the subsequent
marriage of the fact of reappearance and (4) the fact of
reappearancemusteitherbeundisputedorjudiciallydetermined.
The existence of these conditions means that reappearance does
not always immediately cause the subsequent marriages
termination.Reappearanceoftheabsentorpresumptively

648

648 SUPREMECOURTREPORTSANNOTATED
 Santosvs.Santos

dead spouse will cause the termination of the subsequent marriage

only when all the conditions enumerated in the Family Code are
present.
Hence, the subsequent marriage may still subsist despite the
absent or presumptively dead spouses reappearance (1) if the first
marriage has already been annulled or has been declared a nullity
(2)iftheswornstatementofthereappearanceisnotrecordedinthe
civilregistryofthesubsequentspousesresidence(3)ifthereisno
noticetothesubsequentspousesor(4)ifthefactofreappearanceis
disputedinthepropercourtsoflaw,andnojudgmentisyetrendered
confirming,suchfactofreappearance.
When subsequent marriages are contracted after a judicial
declarationofpresumptivedeath,apresumptionarisesthatthefirst
spouse is already dead and that the second marriage is legal. This
presumption should prevail over the continuance of the marital
relations with the first spouse.48 The second marriage, as with all
marriages,ispresumedvalid.49Theburdenofprooftoshowthatthe
first marriage was not properly dissolved rests on the person
assailingthevalidityofthesecondmarriage.50
Thiscourtrecognizedtheconditionalnatureofreappearanceasa
cause for terminating the subsequent marriage in Social Security
System v. Vda. de Bailon.51 This court noted52 that mere
reappearancewillnotterminatethesubsequentmarriageevenifthe
parties to the subsequent marriage were notified if there was no
step...takentoterminatethesub

_______________

48 See also A. Tolentino, Civil Code of the Philippines: Commentaries and

Jurisprudence,Vol.I,p.282(2004).
49Id.
50Id.
51520Phil.249485SCRA376(2006)[PerJ.CarpioMorales,ThirdDivision].
52TheapplicablelawinSocialSecuritySystemv.Vda.deBailonwastheCivil
Code,althoughtherewasashortdiscussionontherelevantFamilyCodeprovisions.

649

VOL.737,OCTOBER8,2014 649
Santosvs.Santos

sequentmarriage,eitherby[filingan]affidavit[ofreappearance]or
bycourtaction[.]53Sincethesecondmarriagehasbeencontracted
because of a presumption that the former spouse is dead, such
presumptioncontinuesinspiteofthespousesphysicalreappearance,
andbyfictionoflaw,heorshemuststillberegardedaslegallyan
absenteeuntilthesubsequentmarriageisterminatedasprovidedby
law.54
Thechoiceoftheproperremedyisalsoimportantforpurposesof
determining the status of the second marriage and the liabilities of
the spouse who, in bad faith, claimed that the other spouse was
absent.
A second marriage is bigamous while the first subsists.
However,abigamoussubsequentmarriagemaybeconsideredvalid
whenthefollowingarepresent:

1)Thepriorspousehadbeenabsentforfourconsecutiveyears
2) The spouse present has a wellfounded belief that the absent spouse
wasalreadydead
3) There must be a summary proceeding for the declaration of
presumptivedeathoftheabsentspouseand
4) There is a court declaration of presumptive death of the absent
spouse.55

A subsequent marriage contracted in bad faith, even if it was

contractedafteracourtdeclarationofpresumptivedeath,

_______________

53Id.,atp.264p.391.
54 Id., citing A. Tolentino, Civil Code of the Philippines: Commentaries and
Jurisprudence, Vol. I, pp. 285286 (1999) See also A. Tolentino, Civil Code of the
Philippines:CommentariesandJurisprudence,Vol.I,pp.285286(2004).
55FamilyCode,Art.41.(Adeclarationofpresumptivedeathmustbebasedon
goodfaithandonawellfoundedbeliefthattheabsentspouseisalreadydead.)

650

650 SUPREMECOURTREPORTSANNOTATED
Santosvs.Santos

lacks the requirement of a wellfounded belief56 that the spouse is

already dead. The first marriage will not be considered as validly
terminated.Marriagescontractedpriortothevalidterminationofa
subsisting marriage are generally considered bigamous and void.57
Onlyasubsequentmarriagecontractedingoodfaithisprotectedby
law.
Therefore, the party who contracted the subsequent marriage in
bad faith is also not immune from an action to declare his
subsequent marriage void for being bigamous. The prohibition
against marriage during the subsistence of another marriage still
applies.58
If,asCelerinacontends,Ricardowasinbadfaithwhenhefiled
his petition to declare her presumptively dead and when he
contracted the subsequent marriage, such marriage would be
considered void for being bigamous under Article 35(4) of the
FamilyCode.Thisisbecausethecircumstanceslacktheelementof
wellfoundedbeliefunderArticle41oftheFamilyCode,whichis
essentialfortheexceptiontotheruleagainstbigamousmarriagesto
apply.59
The provisiononreappearance in the Family Code as a remedy
to effect the termination of the subsequent marriage does not
preclude the spouse who was declared presumptively dead from
availing other remedies existing in law. This court had, in fact,
recognized that a subsequent marriage may also be terminated by
filinganactionincourttoprovethereappearanceoftheabsentee
and obtain a declaration of dissolution or termination of the
subsequentmarriage.60

_______________

58FamilyCode,Arts.35(4)and41Rev.Pen.Code,Art.349.
56Id.
57Id.
59Supranote48atp.283.
60 Supra note 51 at p. 264 p. 391, citing A. Tolentino, Civil Code of the
Philippines: Commentaries and Jurisprudence, Vol. I, p. 282 (1999) See also A. A.
Tolentino,CivilCodeofthePhilippines:CommentariesandJurisprudenceVol.I,p.
284(2004).

651

VOL.737,OCTOBER8,2014 651
Santosvs.Santos

Celerinadoesnotadmittohavebeenabsent.Shealsoseeksnot
merely the termination of the subsequent marriage but also the
nullification of its effects. She contends that reappearance is not a
sufficient remedy because it will only terminate the subsequent
marriage but not nullify the effects of the declaration of her
presumptivedeathandthesubsequentmarriage.
Celerina is correct. Since an undisturbed subsequent marriage
under Article 42 of the Family Code is valid until terminated, the
children of such marriage shall be considered legitimate, and the
propertyrelationsofthespouse[s]insuchmarriagewillbethesame
as in valid marriages.61 If it is terminated by mere reappearance,
the children of the subsequent marriage conceived before the
termination shall still be considered legitimate.62 Moreover, a
judgment declaring presumptive death is a defense against
prosecutionforbigamy.63
Itistruethatinmostcases,anactiontodeclarethenullityofthe
subsequent marriage may nullify the effects of the subsequent
marriage, specifically, in relation to the status of children and the
prospectofprosecutingarespondentforbigamy.
However,aPetitionforDeclarationofAbsoluteNullityofVoid
Marriagesmaybefiledsolelybythehusbandorwife.64

_______________

61 A. A. Tolentino, Civil Code of the Philippines: Commentaries and

Jurisprudence,Vol.I,p.284(2004).
62FamilyCode,Art.43
The termination of the subsequent marriage referred to in the preceding Article
shallproducethefollowingeffects:
(1)Thechildrenofthesubsequentmarriageconceivedpriortoitsterminationshall
be considered legitimate, and their custody and support in case of dispute shall be
decidedbythecourtinaproperproceeding...
63Manuelv.People,512Phil.818,833835,836837476SCRA461,477(2005)
(PerJ.Callejo,Sr.,SecondDivision].
64SeeA.M.No.021110SC(March4,2003)

652

652 SUPREMECOURTREPORTSANNOTATED
Santosvs.Santos

This means that even if Celerina is a real partyininterest who

stands to be benefited or injured by the outcome of an action to
nullifythesecondmarriage,65thisremedyisnotavailabletoher.
Therefore, for the purpose of not only terminating the subsequent
marriage but also of nullifying the effects of the declaration of
presumptive death and the subsequent marriage, mere filing of an
affidavitofreappearancewouldnotsuffice.Celerinaschoicetofile
anactionforannulmentofjudgmentwill,therefore,lie.

_______________

RE: PROPOSED RULE ON DECLARATION OF ABSOLUTE NULLITY OF

VOIDMARRIAGESANDANNULMENTOFVOIDABLEMARRIAGES
....
Section2.Petitionfordeclarationofabsolutenullityofvoidmarriages.
(a)Whomayfile.Apetitionfordeclarationofabsolutenullityofvoidmarriage
maybefiledsolelybythehusbandorthewife.(n)
....
SeealsoAblazav.Republic,G.R.No.158298,August11,2010,628SCRA27,34
[PerJ.Bersamin,ThirdDivision]whereinthiscourtexplainedthat:
A.M. No. 021110SC extends only to marriages covered by the Family Code,
whichtookeffectonAugust3,1988,but,beingaproceduralrulethatisprospectivein
application, is confined only to proceedings commenced after March 15, 2003.
(Emphasisintheoriginal)
 Thesubsequentmarriageinthiscasetookplacein2008.
65InAmorCatalanv.CourtofAppeals,543Phil.568,577514SCRA607,614
(2007)[PerJ.YnaresSantiago,ThirdDivision],thiscourtruledthatarealpartyin
interestmayfileanactiontonullifyamarriage.

653

VOL.737,OCTOBER8,2014 653
Santosvs.Santos

WHEREFORE, the case is REMANDED to the Court of

Appeals for determination of the existence of extrinsic fraud,
groundsfornullity/annulmentofthefirstmarriage,andthemeritsof
thepetition.
SOORDERED.

Carpio (Chairperson), Del Castillo, Mendoza and Perlas

Bernabe,**JJ.,concur.

CaseremandedtoCourtofAppeals.

Notes.The finality of the judicial declaration of the nullity of

previousmarriageoftheaccusedcannotbemadetoretroacttothe
date of the bigamous marriage. (Teves vs. People, 656 SCRA 307
[2011])
Under Article 41 of the Family Code, the losing party in a
summary proceeding for the declaration of presumptive death may
fileapetitionforcertiorariwiththeCourtofAppealsontheground
that,inrenderingjudgmentthereon,thetrialcourtcommittedgrave
abuse of discretion amounting to lack of jurisdiction. (Republicvs.
Granada,672SCRA432[2012])
o0o

_______________

**DesignatedactingmemberperSpecialOrderNo.1829datedOctober8,2014.

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