Under Article 52 of the Family Code, a judgment of annulment or nullity, together with the partition of the spouses' property and the delivery of the children's presumptive legitimes, must be recorded in the civil registry and registries of property. Until that recording (and the PSA annotation that follows from it) is complete, the law treats the marriage as still subsisting for the protection of third persons, and remarrying beforehand risks a void subsequent marriage under Article 53.
A Court Decision Is Not the Finish Line
Many parties assume that once the judge signs the decision, they are free to remarry. They are not. The decision must first become final and executory — meaning the period to appeal has lapsed with no appeal filed, or any appeal has been resolved with finality — before anything else can happen. The court then issues an Entry of Judgment and, typically, a Certificate of Finality.
What Article 52 Requires Before You Can Remarry
Article 52 of the Family Code is explicit: 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. That last clause is the trap. "Shall not affect third persons" means that, as far as the local civil registrar processing your next marriage license application is concerned, you are still legally married to your former spouse until the recording is done — regardless of what the decision itself says.
The Annotation Process, Step by Step
In practice, the finality of the decision triggers a chain of registration steps before the PSA copy of your marriage certificate carries the annotation reflecting the annulment or nullity:
- Secure the Certificate of Finality and a certified copy of the decision from the court that heard the case;
- Submit these, together with the required forms, for recording with the Local Civil Registrar (LCR) of the city or municipality where the marriage was originally registered;
- If real property was partitioned under the decision, register the corresponding documents with the Registry of Deeds covering that property, per Article 52's reference to "registries of property";
- The LCR transmits the annotated record to the Philippine Statistics Authority (PSA), which updates its central database; and
- Request a PSA-certified copy of your marriage certificate bearing the annotation before relying on your new status for any purpose, including remarriage.
Why Rushing to Remarry Is Risky
Article 53 says it plainly: either of the former spouses may marry again after compliance with the requirements of the immediately preceding Article; otherwise, the subsequent marriage shall be null and void. A decision that has become final but has not yet been recorded and annotated does not, by itself, clear you to remarry. Marrying during that gap exposes the new marriage to being declared void, and can expose the parties to a bigamy complaint if the annotation is later found incomplete or contested. The safer practice is to request a PSA-certified copy bearing the annotation, and to keep it, before signing any new marriage license application.
What Happens to the Children
Article 54 protects children born or conceived before a judgment of annulment or of nullity under Article 36 becomes final: they remain legitimate. Children born of a valid subsequent marriage entered into under Article 53 are likewise legitimate. The annotation process does not change a child's filiation status; it governs the parents' capacity to remarry and the recording of the property partition and the children's presumptive legitimes.
Practical Takeaways
- A final decision is not enough on its own — Article 52 requires recording in the civil registry (and registries of property, if real property was involved);
- Request a PSA-annotated marriage certificate before treating yourself as free to remarry;
- Remarrying before annotation risks a void subsequent marriage under Article 53; and
- Children's legitimacy under Article 54 is unaffected by the annotation timeline.
Frequently Asked Questions
Can I remarry as soon as the annulment decision is signed? No. The decision must first become final and executory, and then the judgment, the partition of property, and the delivery of the children's presumptive legitimes must be recorded in the civil registry and registries of property under Article 52 of the Family Code before you may safely remarry.
What documents do I need to start the annotation process? You will need the Certificate of Finality and a certified copy of the court's decision, which are submitted to the Local Civil Registrar where your marriage was originally registered, and to the Registry of Deeds if real property was partitioned under the decision.
How do I know the annotation is complete? Request a PSA-certified copy of your marriage certificate. Once the Local Civil Registrar's recording has been transmitted to and reflected by the PSA, the certificate will bear the annotation of the annulment or nullity.
What happens if I remarry before the annotation is done? Under Article 53 of the Family Code, a subsequent marriage entered into without compliance with Article 52's recording requirements is null and void, and may also expose the parties to other legal risks such as a bigamy complaint.
This commentary is for general informational purposes only and does not constitute legal advice. For guidance specific to your situation, please consult a licensed attorney.
If you have questions about your rights or options under Philippine law, our firm is available to assist. You may reach us via Viber or WhatsApp, call us at 0995 433 5550, or send an email to vivasnobles@gmail.com. We look forward to hearing from you.