Dear PAO,
My husband died ten months ago. Fortunately, my first love helped me get through the grieving process. Yesterday, he proposed to me. I know my deceased husband would want me to be happy, so I said, “Yes.” However, a friend of mine told me that a widow cannot remarry within 301 days from the date of death of her husband. Although it would be very easy to delay the wedding to a later date, I am genuinely curious if these kinds of laws still exist in 2026.
Danill
Dear Danill,
No, the prohibition against these so-called “premature marriages” is no longer in effect.
Indubitably, premature marriages were previously punished by Article 351 of the Revised Penal Code (RPC), which provides:
“Article 351. Premature marriages. - Any widow who shall marry within three hundred and one days from the date of the death of her husband, or before having delivered if she shall have been pregnant at the time of his death, shall be punished by arresto mayor and fine not exceeding 500 pesos.
“The same penalties shall be imposed upon any woman whose marriage shall have been annulled or dissolved, if she shall marry before her delivery or before the expiration of the period of three hundred and one days after the legal separation.”
While no person has been convicted of violating Article 351 of the RPC (as per House Bill 3346, Sixteenth Congress of the Philippines), its potential application, however, persisted for so long and at one time posed an impediment to the advancement of gender equality in matters concerning marriage and family relations. Thus, on March 13, 2015, Republic Act (RA) 10655, otherwise known as “An Act Repealing the Crime of Premature Marriage under Article 351 of the RPC,” was signed and approved by our late President Benigno Aquino III. Salient provisions of the law provide that:
“Section 1. Without prejudice to the provisions of the Family Code on paternity and filiation, Article 351 of Act No. 3815, otherwise known as the Revised Penal Code, punishing the crime of premature marriage committed by a woman, is hereby repealed.
“Section 2. Repealing Clause. – All laws, decrees, executive orders, rules and regulations that are inconsistent with the provisions of this Act are hereby repealed or modified accordingly.
“Section 3. Effectivity. – This Act shall take effect fifteen (15) days after its complete publication in at least two (2) newspapers of general circulation.”
Thus, RA 10655 serves as an outright repeal of Article 351 of the RPC, thereby decriminalizing these so-called “premature marriages.” This legal advancement recognizes the outdated spirit and purpose of the law while eliminating discriminatory practices and possible violation of the equal protection clause provided for by the Constitution (Section 1, Article III of the 1987 Constitution of the Philippines).
We hope that we were able to answer your queries. This advice was solely based on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.
Thank you for your continued trust and support.
Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to dearpao@manilatimes.net
