Case Summary (G.R. No. 182760)
Background of the Case
Robert P. Narceda was married to Marina B. Narceda on July 22, 1987. Marina was a minor at the time of their marriage. In 1994, Marina left for Singapore and has not returned nor communicated with Robert since. After learning from a mutual acquaintance that Marina was possibly living with another husband, Robert sought a judicial declaration of her presumptive death, given her prolonged absence.
Procedural History
On May 16, 2002, Robert filed a petition with the RTC, which granted the petition in a decision dated May 5, 2005. The RTC declared the presumptive death of Marina for all legal intents and purposes. This decision was subsequently appealed by the Office of the Solicitor General (OSG) representing the Republic of the Philippines.
Court of Appeals Decision
The Court of Appeals dismissed the appeal on November 14, 2007, ruling that it lacked jurisdiction because the decision of the RTC was immediately final and executory as provided by Article 247 of the Family Code. The OSG's motion for reconsideration was denied on April 29, 2008.
Arguments of the Petitioner
The petitioner asserted that the Court of Appeals erred in dismissing the appeal and argued that Robert failed to establish a well-founded belief regarding Marina's presumed death, a necessary condition under the Family Code for a subsequent marriage.
Summary Proceedings and Jurisdiction
According to the Family Code, matters relating to the declaration of presumptive death are summary proceedings. Article 247 explicitly states that decisions rendered in such proceedings are immediately final and executory, which eliminates the right to appeal and mandates that parties pursue a petition for certiorari if aggrieved. The OSG mistakenly filed a notice of appeal under the erroneous assumption that an appeal was permissible.
Supreme Court Ruling
The Supreme Court affirmed the decisions of the lower courts, reiterating that the RTC's ruling was final and could not be
...continue readingCase Syllabus (G.R. No. 182760)
Case Overview
- The case involves a Petition for Review filed by the Republic of the Philippines, seeking to reverse the Decision of the Court of Appeals (CA) dated November 14, 2007, and its subsequent Resolution dated April 29, 2008.
- The CA dismissed the petitioner's appeal for lack of jurisdiction, asserting that the Regional Trial Court (RTC) decision declaring the presumptive death of Marina B. Narceda was immediately final and executory as per legal provisions.
Parties Involved
- Petitioner: Republic of the Philippines
- Respondent: Robert P. Narceda
- Context: Respondent was married to Marina B. Narceda, who disappeared in 1994, prompting a judicial declaration of her presumptive death.
Background of the Case
- Robert P. Narceda married Marina on July 22, 1987, when she was 17 years and 4 months old.
- Marina left for Singapore in 1994 and did not return, with no communication established since her departure.
- Respondent was informed by a town mate that Marina was living with a Singaporean husband.
- To remarry, Robert filed a Petition for Judicial Declaration of Presumptive Death on May 16, 2002.
Regional Trial Court Decision
- On May 5, 2005, the RTC granted the petition, declaring Marina’s presumptive death for all legal intents and purposes.
- The court's ruling stated that the judgment was without prejudice to the possible reappearance of the absent spouse.
Court of Appeals Proceedings
- Petitioner, represented by the Office of the Solicitor General (OSG), appeal