Page 40 - Important Provisions of The New Civil Code

Article 41. A marriage contracted by any

person during subsistence of a previous

marriage shall be null and void, unless before

the celebration of the subsequent marriage, the

prior spouse had been absent for four

consecutive years and the spouse present has a

well-founded belief that the absent spouse was

already dead. In case of disappearance where

there is danger of death under the

circumstances set forth in the 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 the

spouse present must institute a summary

proceeding as provided in this Code for the

declaration of presumptive death of the

absentee, without prejudice to the effect of

reappearance of the absent spouse. (83a)