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JV LAW

1925 Pearanda Street, Marikina City 4500


Tel. No.: (052) 543-3456 / 543-3457
Email Address: JVlaw@gmail.com
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MEMORANDUM
To : Judge Haydee Manalo- Dimasupil
Regional Trail Court of Marikina,
Branch 3

From : JV Law Office

Re : Garcia v. Vasquez Case Termination of a Subsequent Marriage due to


the Reappearance of an Absent Spouse

Date : 12 January 2011

ISSUE:
Whether the marriage of Andrew Garcia to Anna Vasquez is subsisting in the reason of the
reappearance of Andrew and terminating the subsequent marriage of Anna Vasquez to Herbert
Vasquez.

SHORT ANSWER:
Yes, the marriage of Andrew Garcia to Anna L. Garcia, now known as Anna L. Vasquez is
subsisting in the reappearance of Andrew following the recording of an affidavit of
reappearance of the absent spouse as stated in Article 42 of the Family Code of the Philippines.
And the subsequent marriage of Anna Vasquez to Herbert Vasquez is automatically terminated
in the reappearance of Andrew as what provided at said Article, even a petition for
presumptive death was granted by the court after satisfying the requisites through proceedings
initiated by Anna.

FACTS:
On March 19, 1999, Anna L. Garcia, now known as Anna L. Vasquez got married to Andrew
Garcia through a civil ceremony at Regional Trial Court of Marikina, Branch 1. As a seaman,
Andrew Garcia immediately got back to sea after a month from their wedding date. On May 10,
1999, MV Alfredo, the vessel where Andrew was working as a Marine Engineer, sunk at the
Pacific Ocean and no one was found to have survived. On June 20, 2009, Anna filed a petition
for the Declaration of Presumptive Death of her husband in the abovementioned Trial Court.
Said petition was granted on December 10, 2010, where Andrew was declared presumptively
dead. On January 1, 2011, Anna got married to Herbert Vasquez and bore three children. But,
on January 2, 2011, Andrew reappeared after twelve years of his disappearance.
DISCUSSION:
Based from the facts given by both parties, the requisites to attain the declaration of
presumptive death of Annas former husband was satisfied in accordance with Article 41 of the
Family Code and Article 391 of the Civil Code, where making her subsequent marriage to
Herbert Vasquez valid in the absence of her presumed dead husband. Furthermore, Annas
compliance to acquire the Declaration of Presumptive Death of her husband and following the
proceedings made her being protected against charged of bigamy in case in the reappearance
of her former husband which is the purpose of the proceeding.

And as what happened, Andrew Garcia reappeared and claiming that he is still the lawful
husband of Anna and wanting to nullify the subsequent marriage entered by the latter.

Whereas, Article 42 of the Family Code clearly provides the automatic termination of the
subsequent marriage in the reappearance of the absent husband following by the recording in
an affidavit stating the reappearance of the absent spouse, unless there is a judgment annulling
the previous marriage or declaring it void ab initio.

CONCLUSION:
Based from the facts given and after considering which principles and provisions are applicable,
it is therefore concluded that Andrew has the ground to recover his subsisting marriage to Anna
as he is still the lawful husband after his 12 years of disappearance. Furthermore, it could
terminate Annas subsequent marriage with Herbert Vasquez by the recording of his Affidavit of
Reappearance in the Civil Registry in a given period of time. And to Anna, if she wants to
contest and take other legal remedy seeking in favor on her petition, she must scrutinize the
affidavit given by her former husband by questioning the facts stated therein during his
absence that must be supported by medical documents on his alleged he suffered amnesia and
further conduct deeper investigation on his allegation of disappearance.

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