Case Digest (G.R. No. 230751) Core Legal Reasoning Model
Core Legal Reasoning Model
Facts:
In Estrellita Tadeo–Matias v. Republic of the Philippines, petitioner Estrellita Tadeo-Matias filed on April 10, 2012 before the Regional Trial Court (RTC) of Tarlac City a petition for the declaration of presumptive death of her husband, Philippine Constabulary member Wilfredo N. Matias, who had been missing since September 1979 after his assignment in Arayat, Pampanga. The petition, docketed as Special Proceeding No. 4850, alleged that Wilfredo never made contact with petitioner or his relatives, that the Constabulary records declared him missing since 1979, and that after more than three decades of waiting, she needed a court declaration of presumptive death to claim benefits under P.D. No. 1638 as amended. The Office of the Solicitor General appeared for the Republic of the Philippines. On January 15, 2012 the RTC granted the petition and declared Wilfredo presumptively dead “under Article 41 of the Family Code of the Philippines for purposes of claiming financial benefits d Case Digest (G.R. No. 230751) Expanded Legal Reasoning Model
Expanded Legal Reasoning Model
Facts:
- Background of the parties
- Petitioner Estrellita Tadeo-Matias married Wilfredo N. Matias, a Philippine Constabulary member, on January 7, 1968; they lived in San Miguel, Tarlac City.
- Wilfredo was assigned to Arayat, Pampanga since August 24, 1967 and disappeared on September 15, 1979; he never communicated thereafter.
- Procedural history
- April 10, 2012 – Petitioner filed Special Proceeding No. 4850 before RTC Branch 65, Tarlac City, seeking a declaration of presumptive death under P.D. No. 1638 to claim military benefits.
- January 15, 2012 – RTC granted the petition, invoking Article 41 of the Family Code (erroneously, since no subsequent marriage was sought).
- Republic filed a Rule 65 certiorari petition before the Court of Appeals (CA).
- November 28, 2016 – CA granted certiorari, annulled RTC decision, and dismissed the petition for lack of authority to entertain an independent declaration under Civil Code Articles 390–391.
- March 20, 2017 – CA denied petitioner’s motion for reconsideration.
- Petitioner appealed to the Supreme Court under Rule 45.
Issues:
- Viability of an independent petition for presumptive death under Articles 390–391, Civil Code
- Whether Arts. 390–391, Civil Code, which establish a disputable presumption of death, may be the sole basis of an independent special proceeding.
- Whether the RTC erred in applying Article 41, Family Code, when petitioner did not seek remarriage.
- Requirement of a court declaration for military death benefits
- Whether the Philippine Veterans’ Affairs Office (PVAO) or the Armed Forces of the Philippines (AFP) may grant death benefits only upon presentation of a judicial declaration of presumptive death.
- What administrative or judicial remedies claimants must pursue if benefits are denied for lack of such a declaration.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)