If both spouses of the subsequent marriage acted in bad faith, said marriage shall be void ab initio and all donations by reason of marriage and testamentary dispositions made by one in favor of the other are revoked by operation of law.
A person wanting to remarry must first obtain a court decision declaring the previous marriage void before getting married.
The law makes reference of the subsequent marriage after the declaration of presumptive death of the absent spouse but before its court declaration, proof is required in order for the court to declare absent spouse presumptively dead.
The petitioner should prove before the court that she/he exerted earnest and diligent effort to locate the absent spouse.
If the spouse knew the whereabouts of the absent spouse or connived with subsequent spouse and files for the declaration of presumptive death of the said spouse and remarry, their act is in bad faith. The net effect in this subsequent marriage is void. There is no need to perform positive act of revocation because the law itself revokes the same and all donation by reason of marriage and testamentary dispositions made by one in favor of the other is also void, so all properties is reverted to the former owner.