Short answer. Before remarrying after annulment or declaration of nullity, the judgment itself, the partition and distribution of the spouses' properties, and the delivery of the children's presumptive legitimes must all be recorded in the appropriate civil registry and registries of property. Without that registration, the settlement does not bind third persons.
What the law says
The judgment of annulment or of absolute nullity of the marriage, the partition and distribution of the properties of the spouses and the delivery of the children's presumptive legitimes shall be recorded in the appropriate civil registry and registries of property; otherwise, the same shall not affect third persons.
Family Code, Article 52 — Recording the Judgment and Partition. Read the full provision →
Three things the law requires to be recorded
Article 52 of the Family Code identifies three distinct items that must be entered in the registry before the legal consequences of annulment or nullity can be enforced against the world. First, the judgment itself — the court's decision declaring the marriage annulled or void. Second, the partition and distribution of the spouses' properties — how the conjugal or community assets were divided. Third, the delivery of the children's presumptive legitimes — the portion of the estate that the children are entitled to receive. All three must be registered, not just the judgment alone.
Why registration matters — third persons are not bound until it is done
The purpose of this requirement is to protect innocent third parties — creditors, future buyers of property, financial institutions — who have no way of knowing about a court proceeding unless it appears on a public record. Article 52 states plainly that unless these items are recorded, the same shall not affect third persons. This means that even if the court has issued a final and executory judgment, a buyer who later purchases a property from one of the spouses without notice of the annulment may still have a valid claim, because the judgment was never registered against that property.
Where to register and what it covers
The registration goes into two types of registry. The civil registry — typically the Local Civil Registry where the marriage was recorded — receives the annulment judgment and the related orders. The registries of property — the Registry of Deeds for real property — receive the partition and distribution of whatever real properties the spouses owned. If the spouses held land, vehicles, shares, or other assets, those specific registries must be updated as well. Overlooking even one property can leave that asset in legal limbo.
This step is separate from the court case itself
A common mistake is assuming that once the court issues the annulment decree, the legal work is finished. It is not. The registration required by Article 52 is an administrative act that must follow the court proceeding. Until you complete it, the property partition and the delivery of legitimes have no effect on outsiders. If you plan to sell a property, open a new bank account jointly with a future partner, or simply want a clean public record before any future relationship, verifying that all three items have been properly recorded is essential.
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.
- Lucila David and the Heirs of Rene F. Aguas, namely: Princess Luren D. Aguas, G.R. No. 241036, January 26, 2021 — read the decision on LawPhil →
- Noel A. Lasanas vs. People of the Philippines, G.R. No. 159031, June 23, 2014 — read the decision on LawPhil →
- Antonio A. S. Valdez vs. Rtc, Branch 102, Quezon City, et al, G.R. No. 122749, July 31, 1996 — read the decision on LawPhil →
- Republic of the Philippines vs. Linney Jean L. Tangarorang and Ramer R. Tangarorang, G.R. No. 272006, February 5, 2025 — read the decision on LawPhil →