A PROPOSAL TO DEFINE THE TERM “ANY INTERESTED PERSON” FOR

PURPOSES OF FILING THE AFFIDAVIT OF DISAPPEARANCE OF THE

ABSENTEE SPOUSE UNDER ARTICLE 42 OF THE FAMILY CODE

A Thesis
Presented to the
College of Law
University of Batangas

In Partial Fulfillment of
the Requirements for the Degree of
Juris Doctor

MITZ ZAIDONN M. FRANCISCO

2018
 TABLE OF CONTENTS

TITLE PAGE

APPROVAL SHEET

DEDICATION

ACKNOWLEDGMENT

ABSTRACT

TABLE OF CONTENTS

CHAPTER I

THE PROBLEM AND ITS SETTING

1.1 Introduction 1

1.2 Conceptual Framework 7

1.3 Statement of the Problem 7

1.4 Assumptions of the Study 8

1.5 Significance of the Study 10

1.6 Scope and Delimitation 11

1.7 Definition of Terms 12

CHAPTER II

REVIEW OF RELATED LITERATURE

2.1 Concept of Presumptive Death 14

2.2 Concept of Valid Bigamous Marriage 33

CHAPTER III

METHODS AND PROCEDURE

3.1 Research Design 39

3.2 Data and Reference Sources 40

3.3 Analytical Treatment of Data 41

CHAPTER IV

PRESENTATION, ANALYSIS AND INTERPRETATION OF DATA

4.1 Protection and Preservation of a Valid Subsequent

Marriage 42

4.2 The term “any interested person” for the purpose of

Article 42 of the Family Code 55

4.3 The recording of Affidavit of Reappearance in affording

due process and equal protection to the spouses of the
subsequent marriage. 64

4.4 Spouse of the Present Spouse in contracting another

Marriage upon the automatic termination of the
Subsequent marriage 76

CHAPTER V

SUMMARY, CONCLUSIONS AND RECOMMENDATIONS

5.1 General Summary of Findings 83

5.2 Summary of Findings 84

5.3 Conclusion 87

5.4 Recommendation 90

BIBLIOGRAPHY

APPENDIX

CURRICULUM VITAE