Short answer. Under Family Code Article 42, the affidavit of reappearance may be filed by any interested person. It does not have to be the absent spouse personally. The document is recorded in the civil registry of the residence of the parties to the subsequent marriage, with notice given to both spouses of that marriage.
What the law says
A sworn statement of the fact and circumstances of reappearance shall be recorded in the civil registry of the residence of the parties to the subsequent marriage at the instance of any interested person, with due notice to the spouses of the subsequent marriage
Family Code, Article 42 — Reappearance of the Absent Spouse. Read the full provision →
Who qualifies as an 'interested person'
The statute uses the phrase at the instance of any interested person. This is deliberately broad. The absent spouse who has returned can file it personally. But so can a child of the first marriage whose inheritance rights are affected, a relative, or any other person who has a legal stake in the marital status of the parties. The law does not require the absent spouse to be the one to act — recognizing that in some situations, the returning spouse may be unwilling or unable to file, yet others who are harmed by the continuing second marriage have every reason to do so.
How the subsequent marriage ends
Article 42 states that the subsequent marriage — the one entered into on the basis of a declaration of presumptive death — is automatically terminated by the recording of the affidavit of reappearance. The termination happens by operation of law the moment the affidavit is properly recorded in the civil registry. No court proceeding is needed for the termination itself, although the article notes that a court can adjudicate a dispute if the fact of reappearance is contested. There is also an important exception: if the original marriage was already annulled or declared void before the reappearance, recording the affidavit does not terminate anything — there is no subsequent marriage to end because the first marriage no longer existed.
Where to file and what notice is required
The affidavit is recorded in the civil registry of the residence of the parties to the subsequent marriage — meaning where the husband and wife of the second marriage reside, not the place where the first marriage was celebrated or where the absent spouse originally lived. The law also requires that due notice be given to the spouses of the subsequent marriage. This notice requirement ensures that the spouses of the second marriage are aware that their union has been terminated and can take appropriate steps regarding their property, children, and personal status.
If the fact of reappearance is disputed
The Article acknowledges that a claim of reappearance can be contested. If one of the parties to the subsequent marriage or another interested person disputes whether the absent spouse has truly reappeared — for instance, if the person claiming to be the returning spouse is not who they say they are, or if the 'reappearance' occurred under questionable circumstances — the matter can be brought before a court for judicial determination. The civil registry recording does not foreclose judicial review; it simply triggers the automatic termination pending any court resolution of a genuine factual dispute.
Cases citing this provision
These Supreme Court decisions cite the provision above. We list them so you can read them yourself; the summaries of what each decided are not ours to give.
- Noel Buenaventura vs. Court of Appeals, et al, G.R. No. 127358, March 31, 2005 — read the decision on LawPhil →
- Republic of the Philippines vs. Leilanie Dela Cruz Fenol, G.R. No. 212726, June 10, 2020 — read the decision on LawPhil →
- Republic of the Philippines vs Jose B. Sareñogon, Jr, G.R. No. 199194, February 10, 2016 — read the decision on LawPhil →
- Republic of the Philippines vs. Edna Orcelino-Villanueva, G.R. No. 210929, July 29, 2015 — read the decision on LawPhil →