Case Summary (G.R. No. 31025)
Applicable Law
The legal basis for the petition is anchored in Article 390 of the New Civil Code of the Philippines, which provides a presumption of death after an absence of seven years. This article contrasts with previously applicable laws under the Old Civil Code, specifically Article 191, which required a longer absence before judicial declaration of presumption of death.
Background of the Petition
Angelina filed her petition on November 20, 1957, in the Court of First Instance of Manila. She asserted that William had not communicated with her since his departure for Shanghai, despite her efforts to locate him through letters and inquiries with immigration authorities in the years following his absence. Angelina stated that no property was acquired during their marriage, and thus, she sought the court's recognition of William as being presumptively dead, as outlined in the Civil Code.
Findings of the Court of First Instance
The trial court dismissed Angelina’s petition, concluding that she had not presented a legal basis for the court to grant her request. It emphasized that the petition did not serve as a means for settling William's estate, as no assets were left behind. The court referenced the precedent set in the case of Nicolai Szatraw, which established that the presumption of death is merely an evidentiary tool and is not a definitive judicial declaration of death. Furthermore, the court noted that a decree of presumed death does not dissolve marital bonds or legally enable a party to remarry.
Legal Interpretation of Presumption of Death
Angelina argued that under Article 390 of the New Civil Code, a person is presumed dead after seven years of absence. However, the court clarified that this presumption does not equate to a judicial declaration of death. The court reiterated that such a declaration remains disputable and does not confer legal rights that would permit marriage to another party. The court asserted that a presumption of death could not become final and enforceable without additional proceedings that establish actual death.
Conclusion of the Case
Ultimately, the decision of the lower c
...continue readingCase Syllabus (G.R. No. 31025)
Case Background
- The case revolves around Angelina L. Gue's petition to declare her husband, William Gue, presumptively dead.
- Angelina filed her petition on November 20, 1957, in the Court of First Instance of Manila.
- She claimed to have been married to William Gue and had two children with him.
- William left Manila for Shanghai, China, on January 5, 1946, and was never heard from again.
- Angelina stated that she made efforts to locate him but was unsuccessful, and they had not acquired any property during their marriage.
Proceedings in the Court of First Instance
- The trial court, presided over by Judge Bonifacio Ysip, heard the case and established key facts through testimony:
- Angelina and William were married on October 11, 1944, in Manila.
- William left for Shanghai in January 1946, and Angelina joined him in August of the same year.
- Angelina returned to the Philippines in January 1949 with their children, after which William promised to follow but never did.
- Despite her attempts to contact him via letters and inquiries to the Bureau of Immigration, no information about William's whereabouts was obtained.
Court's Dismissal of the Petition
- The trial court dismissed t