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

Case Summary (G.R. No. 184621)

Parties and Docket

Petitioner: Republic of the Philippines, represented by the Office of the Solicitor General
Respondent: Maria Fe Espinosa Cantor
Regional Trial Court (RTC), Branch 25, Koronadal City, South Cotabato – SP Proc. No. 313-25
Court of Appeals (CA) – CA-G.R. SP No. 01558-MIN

Key Dates

Marriage: September 20, 1997
Disappearance: January 1998
Petition Filed (RTC): May 21, 2002
RTC Order Declaring Presumptive Death: December 15, 2006
CA Decision Affirming RTC Order: August 27, 2008
Supreme Court Decision Basis: 1987 Constitution (Article II, Section 12 – protection of marriage)

Applicable Law

Family Code of the Philippines, Articles 41 and 247 (summary judicial proceedings; immediately final and executory judgments)
Rules of Court, Rule 65 (certiorari) and Rule 45 (petition for review on certiorari)

Factual Antecedents

After marrying in September 1997 and cohabiting in Koronadal City, respondent and her husband quarrelled violently in January 1998 over marital intimacy issues and disrespect toward her father. Jerry thereafter abandoned the conjugal home and was not seen, heard from or communicated with for over four years.

RTC Proceedings and Ruling

In SP Proc. Case No. 313-25, respondent alleged she inquired of in-laws, neighbors and friends, and checked hospital patient directories, all without result. The RTC found these efforts sufficient to establish a well-founded belief of Jerry’s death after four years’ absence and, pursuant to Article 41 of the Family Code, declared him presumptively dead.

CA Proceedings and Ruling

The Republic petitioned for certiorari before the CA under Rule 65, contending the RTC had no jurisdictional basis. The CA dismissed the petition for lack of grave abuse of discretion and affirmed the RTC order, citing Article 247’s mandate that judgments in summary family proceedings are immediately final and executory and thus not appealable.

Petition for Review on Certiorari

Before this Court, the Republic argues (1) certiorari properly lies to review summary-proceeding judgments where grave abuse of discretion is shown; and (2) respondent failed to prove a well-founded belief of death, having conducted only a “passive” and uncorroborated search.

Issues

Whether judgments in petitions for declaration of presumptive death under Article 41 of the Family Code, though final and executory, remain subject to certiorari review.
Whether respondent had a well-founded belief that her absent spouse was already dead.

Judicial Reviewability by Certiorari

Under Article 247 of the Family Code, judgments in summary proceedings are immediately final and executory and not appealable. However, an aggrieved party may invoke Rule 65 certiorari to assail jurisdictional error or grave abuse of discretion. This remedy lies in the CA, with recourse to this Court by Rule 45 review.

Requisites for Declaration of Presumptive Death

Article 41 requires:
• Absence of the spouse for four consecutive years (or two years under Civil Code Article 391 circumstances);
• A well-founded belief by the present spouse that the absent spouse is dead;
• Institution of a summary proceeding; and
• Intent to remarry.

Burden of Proof and Well-Founded Belief

The present spouse bears the burden to prove each requisite, including that diligent and honest inquiries and efforts were undertaken to ascertain the absent spouse’s status, and that those efforts rationally support a belief in death.

Jurisprudential Standards on Diligent Search

This Court has held in Nolasco, Republic v. Court of Appeals (Alegro), and Granada that a well-founded belief depends on proper, honest-to-goodness inquiries drawn from the circumstances before and after disappearance. Mere unverified or unnamed hearsay inquiries, incidental checks, failure to report to authorities, or lack of media engagement fall short of the diligence required.

Application to the Present Case

Respondent’s efforts—a general inquiry of unnamed relatives and friends plus incidental patient-directory checks during unplanned hospital visits—were insufficient. She neither reported Jerr

Case Syllabus (G.R. No. 184621)

Facts of the Case

Maria Fe Espinosa Cantor and Jerry F. Cantor were married on September 20, 1997 and lived together in their conjugal dwelling in Agan Homes, Koronadal City, South Cotabato.
In January 1998, the couple had a violent quarrel triggered by Maria Fe’s inability to reach a sexual climax and by Jerry’s expressed animosity toward her father.
After the quarrel, Jerry left their home and was never heard from again by Maria Fe, her in-laws, neighbors or friends.
For over four years, Maria Fe had no news of Jerry’s whereabouts or welfare.
On May 21, 2002, more than four years after Jerry’s disappearance, Maria Fe filed a summary petition with the Regional Trial Court (RTC) Branch 25, Koronadal City, seeking a declaration of Jerry’s presumptive death under Article 41 of the Family Code.
In support of her “well-founded belief” that Jerry was dead, she testified that she had:
- Inquired of her mother-in-law, brothers-in-law, sisters-in-law, neighbors and friends;
- Checked hospital patient directories on each visit;
  – Exhausted every available lead without success.

Procedural History

On December 15, 2006, the RTC granted Maria Fe’s petition and declared Jerry F. Cantor presumptively dead under Article 41 of the Family Code.
The Republic of the Philippines, through the Office of the Solicitor General (OSG), filed a Rule 65 petition for certiorari with the Court of Appeals (CA-G.R. SP No. 01558-MIN), arguing lack of a well-founded belief and insufficient search efforts.
On August 27, 2008, the Court of Appeals dismissed the OSG’s petition and affirmed the RTC’s order in toto, finding no grave abuse of discretion.
The OSG then filed a Rule 45 petition for review on certiorari with the Supreme Court, challenging both the remedy of certiorari itself and the finding of a well-founded belief.

Issues Presented

Whether certiorari lies to challenge the decisions, judgments or final orders of trial courts in summary proceedings for a declaration of presumptive death under Article 41 of the Family Code.
Whether Maria Fe proved, by clear and convincing evidence, that she had a well-founded belief of her husband’s death before filing her petition.

Supreme Court Ruling

The Supreme Court GRANTED the petition for review on ce