Maraming nagsasabi na kapag ang mag-asawa ay matagal ng hiwalay, pwede na daw magpakasal ulet kahit wala ng annulment petition. Totoo ba ito or hindi?

As the law now stands, a married person must, for purposes of remarriage, file the necessary action in court and ask for a declaration of presumptive death of the “absent” spouse. The crucial differences under the Civil Code and Family Code of the Philippines provisions are:

1. Under the Family Code of the Philippines the time required for the presumption to arise has been shortened to 4 years.

2. Under the Family Code of the Philippines there is need for a judicial declaration of presumptive death to enable the spouse present to remarry.

3. Under the Family Code of the Philippines, a stricter standard is imposed: there must be a “well founded belief” that the absentee is already dead before a petition for declaration of presumptive death can be granted. A married person must conduct a search for his missing spouse with such diligence as to give rise to a “well-founded belief” that he/she is dead.

Ako ay naniniwala na kelangan pa din ng proper closure ang isang relasyon or kasal. Maaaring matagal nang hiwalay ang isang mag-asawa at no communication na din but this is not a reason to get re-married without the court intervention and approval lest you are risking to be charged of bigamy. There is also this called: “Presumptive death of a spouse for subsequent marriage”. Ito ay nagtatakda na parang pumanaw na ang asawa at maaari ng makasal ang surviving spouse. But from its term: “presumptive” there may be the case where that person who was presumed to be dead comes out and declared not dead after all. This may mean that the subsequent marriage will be invalid until such time that an annulment petition is done in a proper channel through the Court in the Philippines.

Huwag maniwala na pwede nang magpakasal dahil matagal ng hiwalay. This has no basis in law. Talk to a qualified lawyer or attorney in the Philippines for more details.