Article 52 of the Family Code: Recording the judgment and the partition
Status: In force
What does Article 52 say?
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.
What does it mean in plain language?
Article 52 says three things must be recorded after a marriage is annulled or declared void: the court's judgment, the partition and distribution of the spouses' properties, and the delivery of the children's presumptive legitimes. They go in the appropriate civil registry and registries of property. If they are not recorded, they do not affect third persons.
Article 52 matters most for remarriage. Article 53 says either former spouse may marry again only after complying with Article 52. Otherwise the new marriage is null and void. A final court decision is therefore not the last step: the recording is.
How does it work in real life?
Paolo: a wedding planned too early
Paolo's annulment became final in March. He planned a wedding in April. But the judgment, the property partition and the delivery of his children's presumptive legitimes had not yet been recorded in the civil registry and registry of property. Under Article 53, a marriage in April before that recording would be void.
Nena: the house sold before recording
Nena and Carlos had their marriage declared void, and the court gave their house in Antipolo to Nena in the partition. Before the partition was recorded in the registry of property, Carlos, still shown as a co-owner in the records, tried to sell his share to a buyer. Article 52 says an unrecorded partition does not affect third persons. Whether the buyer is protected depends on the facts and on property-registration rules, which is a question for a lawyer.
Trina and Leo: legal separation
Trina and Leo obtained a decree of legal separation. They divided their property, but they are still married. Article 52 does not give them a path to remarry, because legal separation does not sever the marriage bond (Article 63(1)).
These are made-up examples to show how the rule works. They are not advice for any real case.
What does this mean in practice?
- Recording is part of the real timeline of an annulment or nullity case; see how long does an annulment take?
- The children of the former spouses keep their rights. The presumptive legitimes delivered now are counted as advances on their legitime when a parent dies (Article 51). For their status, see are children legitimate after an annulment?
- The PSA steps and fees for annotating a court decision on the marriage certificate are not covered here. The site's guides explain how to request a PSA marriage certificate or a CENOMAR.
- For the full list of steps before marrying again, see can I remarry after an annulment?
What does Article 52 require to be recorded?
- The judgment. The final judgment of annulment (voidable marriage) or of absolute nullity (void marriage).
- The property partition. How the spouses' properties were liquidated, partitioned and distributed. Article 50 says the final judgment provides for this, unless it was already decided in earlier court proceedings.
- The children's presumptive legitimes. Under Article 51, the value of the presumptive legitimes of all common children, computed as of the date of the trial court's final judgment, is delivered in cash, property or sound securities, unless the parties had already provided for it by an agreement approved by the court.
Where: "the appropriate civil registry and registries of property". The article does not name the offices.
Who are the "third persons" in Article 52?
They are people outside the marriage case: for example, a buyer of a house, a bank, or a creditor of one of the spouses. Article 52 says that if the judgment, the partition and the delivery of the presumptive legitimes are not recorded, "the same shall not affect third persons". In other words, until they are recorded, the judgment, the partition and the delivery of the legitimes cannot be used against outsiders.
Why does Article 52 matter for remarriage?
The Family Code links three articles:
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.
- Article 53: remarriage only after Article 52 is complied with; otherwise the new marriage is void.
- Article 35(6): void are "those subsequent marriages that are void under Article 53".
- Article 54: children conceived or born of the subsequent marriage under Article 53 are legitimate.
Frequently asked questions
What must be recorded under Article 52?
Three things: the judgment of annulment or of absolute nullity of the marriage, the partition and distribution of the spouses' properties, and the delivery of the children's presumptive legitimes. They are recorded in the appropriate civil registry and registries of property.
What happens if the judgment is not recorded?
Article 52 says it will not affect third persons, such as buyers or creditors. And under Article 53, a former spouse who remarries before complying with Article 52 enters a void marriage.
Can I remarry as soon as the court decision becomes final?
Not yet. Article 53 says either former spouse may marry again only after complying with Article 52. A new marriage before the recording is null and void, and Article 35(6) lists it among void marriages.
What are presumptive legitimes?
Under Article 51, it is the value of the common children's legitimes, computed as of the date of the trial court's final judgment, delivered in cash, property or sound securities. It counts as an advance on what the children will inherit later.
Does Article 52 apply to legal separation?
No. Article 52 speaks of judgments of annulment or absolute nullity. Legal separation does not end the marriage, so neither spouse may remarry (Article 63(1)).
Does this site explain how the PSA annotates the marriage certificate?
No. The PSA annotation steps and fees were not confirmed on an official page we could read, so they are left out. The PSA guides on this site explain how to request copies of your marriage certificate and CENOMAR.
General information, not legal advice. For your case, ask a lawyer, the Public Attorney's Office (PAO) or the agency.
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