G.R. No. 94053 - Republic vs. Nolasco

Case Summary (G.R. No. 94053)

Procedural History

Gregorio Nolasco filed a petition in the Regional Trial Court (RTC) of Antique (Branch 10) seeking a judicial declaration of presumptive death of his wife under Article 41 of the Family Code, alternatively praying for annulment. The RTC granted the petition and declared Janet Monica Parker presumptively dead. The Republic appealed to the Court of Appeals, which affirmed the RTC. The Solicitor-General filed a petition for review challenging the Court of Appeals’ finding that Nolasco had a "well-founded belief" that his wife was dead and that the case met the requirements of Article 41.

Factual Background Established at Trial

Respondent testified that he met Janet Monica Parker in England at a bar, lived with her on his ship for six months, and brought her to San Jose, Antique, where they married on 15 January 1982. After marriage he returned to overseas work. He received a letter from his mother in January 1983 stating that Janet had given birth on 7 December 1982 and had left Antique, reportedly returning to England on 22 December 1982 with money given by respondent’s mother. Nolasco testified he searched for Janet when his ship docked in England and sent letters to her Liverpool address; the letters allegedly were returned. He also testified that he inquired among friends but could not locate her. Nolasco did not report Janet’s disappearance to Philippine authorities nor did he obtain assistance from the British Embassy or police authorities in England. On cross-examination he admitted he had not inquired into Janet’s family background or parents’ whereabouts and could not identify the friends he allegedly asked.

Trial Court and Court of Appeals Findings

The RTC granted the petition declaring Janet presumptively dead under Article 41. The Court of Appeals affirmed, finding respondent had sufficiently established a basis to form a belief that his absent spouse was dead. The Republic argued on appeal to the Supreme Court that respondent failed to prove a "well-founded belief" and that the petitioner’s attempt to annul the marriage within the same proceeding was a circumvention of marriage laws.

Legal Issue Presented

Whether respondent Nolasco had a "well-founded belief" that his absent spouse, Janet Monica Parker, was already dead — a necessary element under Article 41 of the Family Code to permit a judicial declaration of presumptive death and allow the surviving spouse to remarry.

Statutory Standard Under Article 41 and Distinction from Civil Code

Article 41 requires, among other requisites, that (1) the absent spouse has been missing for four consecutive years (or two if disappearance occurred where there is danger of death under Civil Code Art. 391); (2) the present spouse wishes to remarry; (3) the present spouse has a "well-founded belief" that the absentee is dead; and (4) the present spouse files the summary proceeding for declaration of presumptive death. Compared to the older Civil Code provision (Art. 83), the Family Code shortens the time requirement but raises the evidentiary standard by requiring a "well-founded belief" rather than the looser standards formerly recognized (e.g., mere absence of news or general belief).

Analysis of Diligence and Credibility in the Searches Conducted

The Court examined whether Nolasco’s efforts to locate his wife exhibited the requisite diligence to ground a "well-founded belief" of death. The Court found the investigative steps taken were inadequate and the testimony sketchy and unreliable. Specific points undermining diligence and credibility included: (a) failure to seek assistance from local authorities in Antique, the British Embassy, or the police in England; (b) testimony inconsistencies, notably confusion between London and Liverpool (cities separated by significant distance), which called into question the thoroughness and veracity of his search efforts; (c) failure to identify friends he allegedly queried; (d) absence of documentation or reliable evidence for returned letters (the letters were said to be lost under unspecified circumstances); and (e) unexplained delay between January 1983 (when he allegedly sought leave) and November 1983 (when he returned to Antique). The Court considered the conduct insufficient to give rise to a reasonable belief that the absent spouse was dead rather than having voluntarily withdrawn from contact.

Precedential Guidance on Diligence and Public Pol

Case Syllabus (G.R. No. 94053)

Procedural History

Petition for declaration of presumptive death filed by respondent Gregorio Nolasco on 5 August 1988 before the Regional Trial Court (RTC) of Antique, Branch 10, invoking Article 41 of the Family Code, praying that his wife Janet Monica Parker be declared presumptively dead or alternatively that the marriage be declared null and void.
The Republic of the Philippines, through the Provincial Prosecutor of Antique deputized to assist the Solicitor-General, opposed the petition on the grounds that (1) Nolasco did not possess a “well-founded belief that the absent spouse was already dead,” and (2) Nolasco’s alternative attempt to have his marriage annulled in the same proceeding was a “cunning attempt” to circumvent the law on marriage.
The trial court granted the petition and, in a Judgment dated 12 October 1988, declared Janet Monica Parker presumptively dead under Article 41, paragraph 2 of the Family Code (dispositive portion quoted in the record).
The Republic appealed to the Court of Appeals, which affirmed the trial court’s decision, holding that respondent had sufficiently established a basis for a belief that his absent spouse had already died.
The Solicitor-General filed a Petition for Review to the Supreme Court raising two assignments of error: (1) that the Court of Appeals erred in finding that Nolasco had a well-founded belief that his wife was already dead, and (2) that the petition was a proper case for declaration of presumptive death under Article 41.
The Supreme Court rendered a resolution on 17 March 1993 reversing the Court of Appeals, nullifying and setting aside both lower court decisions, and ordering costs against respondent.

Parties and Representation

Petitioner: Republic of the Philippines, represented in opposition by the Provincial Prosecutor of Antique deputized to assist the Solicitor-General.
Respondent: Gregorio Nolasco (referred to throughout the narrative as “respondent Gregorio Nolasco”; title block in the source reads “GREGORIO OLASCO”).
Trial and appellate counsel and detailed counsel appearances are reflected in the record references cited in the source.

Facts (as testified and offered in evidence)

Respondent Nolasco was a seaman who met Janet Monica Parker, a British subject, in a bar in England during one of his ship’s port calls.
From the initial meeting, Janet Monica Parker lived with Nolasco aboard his ship for six months until they returned to San Jose, Antique on 19 November 1980 when his seaman’s contract expired.
Nolasco and Janet Monica Parker married on 15 January 1982 in San Jose, Antique, in Catholic rites officiated by Fr. Henry van Tilborg in the Cathedral of San Jose.
After the marriage celebration, Nolasco obtained another seaman’s contract and left his wife with his parents in San Jose, Antique.
Sometime in January 1983, while working overseas, Nolasco received a letter from his mother informing him that Janet Monica had given birth to his son (Gerry) and that Janet Monica had left Antique.
Nolasco claimed he immediately asked permission to leave his ship to return home; he arrived in Antique in November 1983.
Nolasco testified that his efforts to look for Janet Monica whenever his ship docked in England were fruitless, that letters he had sent to No. 38 Ravena Road, Allerton, Liverpool (the address of the bar where they first met) were all returned to him, and that he inquired from friends who had no news of Janet Monica.
On cross-examination, Nolasco admitted he had married Janet Monica despite lacking knowledge of her family background because she had refused to provide such information even after marriage.
Nolasco admitted he did not report Janet Monica’s disappearance to Philippine government authorities.
Nolasco’s mother, Alicia Nolasco, testified that Janet Monica had expressed a desire to return to England before the birth of Gerry (born 7 December 1982), that she (Alicia) tried to dissuade Janet Monica but failed, that she gave Janet Monica P22,000 for expenses before Janet left on 22 December 1982 for England, and that Alicia had no information as to Janet Monica’s present whereabouts.
Respondent stated that the letters returned to him had been lost under unspecified circumstances.
The trial record reflects a nine-month lapse between Nolasco’s receipt of his mother’s letter in January 1983 and his arrival in San Jose in November 1983, which Nolasco did not adequately explain at trial.

Trial Court Disposition

The Regional Trial Court, Branch 10, Antique, granted the petition and declared Janet Monica Parker presumptively dead under Article 41, paragraph 2 of the Family Code.
The dispositive portion of the RTC judgment declared Janet Monica Parker Nolasco presumptively dead “without prejudice to her reappearance.” (Trial Court Decision, p. 4; Records, p. 39).

Court of Appeals Disposition

The Court of Appeals affirmed the trial court’s judgment, concluding that respondent had sufficiently established a basis to form a belief that his absent spouse had already died.
The Court of Appeals offered justificatory observations, including a defense of respondent’s confusion between London and Liverpool as not fatal to credibility.

Issue on Review

Whether respondent Nolasco had a “well-founded belief” that his wife, Janet Monica Parker, was already dead for purposes of Article 41 of the Family Code.

Applicable Law and Legal Standard

Article 41, Family Code (quoted in the record):