4/29/2020 E-Library - Information At Your Fingertips: Printer Friendly xxxx (4) Those bigamous or polygamous marriages not falling under Article 41; xxxx Art. 41. A marriage contracted by any person during subsistence of a previous marriage shall be null and void, unless before the celebration of the subsequent marriage, the prior spouse had been absent for four consecutive years and the spouse present has a well-founded belief that the absent spouse was already dead. In case of disappearance where there is danger of death under the circumstances set forth in the provisions of Article 391 of the Civil Code, an absence of only two years shall be sufficient. [6] Rollo, pp. 79-80. [7] The dispositive portion stated: WHEREFORE, the instant case is hereby ordered DISMISSED and WITHDRAWN from the active civil docket of this Court. The RTC-OCC, Quezon City is directed to refund to the petitioner the amount of One Thousand Pesos (P1,000) to be taken from the Sheriff’s Trust Fund. [8] Rollo, pp. 44-45. Section 5 of the Rule on Declaration of Absolute Nullity of Void Marriages and Annulment of Voidable Marriages (A.M. No. 02-11-10-SC) provides: Sec. 5. Contents and form of petition. – (1) The petition shall allege the complete facts constituting the cause of action. (2) It shall state the names and ages of the common children of the parties and specify the regime governing their property relations, as well as the properties involved. If there is no adequate provision in a written agreement between the parties, the petitioner may apply for a provisional order for spousal support, custody and support of common children, visitation rights, administration of community or conjugal property, and other matters similarly requiring urgent action. (3) It must be verified and accompanied by a certification against forum shopping. The verification and certification must be signed personally by the petitioner. No petition may be filed solely by counsel or through an attorney-in-fact. If the petitioner is in a foreign country, the verification and certification against forum shopping shall be authenticated by the duly authorized officer of the Philippine embassy or legation, consul general, consul or vice-consul or consular agent in said country. (4) It shall be filed in six copies. The petitioner shall serve a copy of the petition on the Office of the Solicitor General and the Office of the City or Provincial Prosecutor, within five days from the date of its filing and submit to the court proof of such service within the same period. elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/55916 13/22