G.R. No. 184621 - Republic vs. Cantor

Maria Fe Espinosa married Jerry F. Cantor on September 20, 1997 in Koronadal City, South Cotabato.
They resided together in Agan Homes, Koronadal City.

In January 1998, husband and wife had a violent quarrel over sexual dissatisfaction and Jerry’s animosity toward Maria Fe’s father.
Jerry left their home thereafter and was never seen or heard from again.

On May 21, 2002 (after four years of absence), Maria Fe filed a summary proceeding in the RTC, Branch 25, Koronadal City (SP Proc. No. 313-25) for declaration of Jerry’s presumptive death under Article 41, Family Code.
She testified to “well-founded belief” of death based on inquiries to in-laws, neighbors, friends, and checking hospital patient directories, all of which proved fruitless.
The RTC issued an order dated December 15, 2006 declaring Jerry presumptively dead.
The Republic of the Philippines, through the OSG, filed a petition for certiorari in the CA under Rule 65.
The Court of Appeals, in its August 27, 2008 decision (CA-G.R. SP No. 01558-MIN), affirmed the RTC order in toto.
The Republic elevated the case to the Supreme Court via Rule 45 petition for review on certiorari.

Whether certiorari lies to challenge decisions, judgments or final orders of trial courts in petitions for declaration of presumptive death under Article 41, Family Code.
Whether the respondent had a well-founded belief that her missing husband was already dead.