Case Digest (G.R. No. 199194)
Facts:
Republic of the Philippines v. Jose B. Sarenogon, Jr., G.R. No. 199194, February 10, 2016, Supreme Court Second Division, Del Castillo, J., writing for the Court.
On November 4, 2008, Jose B. Sarenogon, Jr. filed before the Regional Trial Court (RTC) of Ozamiz City, Branch 15, a summary-presentation Petition for declaration of presumptive death under Article 41 of the Family Code for his wife, Netchie S. Sarenogon. The RTC set the case for initial hearing, ordered publication of the notice in newspapers of general circulation covering Tangub, Ozamiz and Oroquieta, and proceeded to trial after no one opposed the petition.
At trial Jose testified that he married Netchie on August 10, 1996; they lived together for about one month before he left as a seaman and she went to Hong Kong as a domestic helper. After three months he received no communication from her, his attempts to contact her parents failed because they had allegedly left Clarin, Misamis Occidental, and subsequent inquiries of relatives and friends produced no information as to her whereabouts. Jose testified that, after exhaustive inquiries to the extent he could, he formed a belief that Netchie was dead and filed the petition so he could remarry. His testimony was corroborated by his brother and by Netchie’s aunt, both of whom testified to the short cohabitation and the lack of any information about Netchie thereafter.
On January 31, 2011, the RTC (Executive Judge Edmundo P. Pintac) rendered judgment in Spec. Proc. No. 045-08 declaring Netchie presumptively dead for purposes of remarriage and ordered judgment accordingly. Thereafter, on April 19, 2011, the Republic of the Philippines, through the Office of the Solicitor General (OSG), filed a Petition for Certiorari under Rule 65 with the Court of Appeals (CA), contending the RTC erred in applying Article 41.
On October 24, 2011, the CA (CA‑GR. SP No. 04158‑MIN) dismissed the Republic’s Rule 65 petition, holding that certiorari was not the proper remedy to review the RTC’s factual findings and that the CA perceived no...(Pro-only)
Issues:
- Was a petition for certiorari under Rule 65 the proper remedy to challenge the RTC’s decision in a summary proceeding for declaration of presumptive death under Article 41 of the Family Code?
- Did respondent Jose B. Sarenogon, Jr. establish the "well‑founded belief" that his absent wife was probably dead a...(Pro-only)
Ruling:
- (Pro-only)
Ratio:
- (Pro-only)
Doctrine:
- (Pro-only)