Netizen asks if marriage possible with 10-year BF; Legit wife has child with another man

A Facebook user seeks legal advice regarding her intended marriage with her boyfriend of 10 years. The problem is that her boyfriend is married with a woman who has a child with another man. Basically, the question is whether a 10-year de facto separation with one's legitimate wife and whether the fact that this wife already has a child with another man are enough grounds to allow the husband to remarry.

The answer is in the negative. First of all, the Family Code limits the dissolution of marriage to certain grounds only such as inability to consummate marriage existing at the time of the celebration of the same. Second, under Article 40 of the same Code, the absolute nullity of a previous marriage may be invoked for purposes of remarriage on the basis solely of a final judgment declaring such previous marriage void.