Case Summary (G.R. No. 84628)
Background of the Case
Remar A. QuiAonez and Lovelyn were married on August 16, 1997, and had two children. Following Lovelyn's request to visit relatives in Manila, communication between the couple dwindled, leading Remar to suspect her involvement with another individual. After years of unsuccessful attempts to locate her, he petitioned for her presumptive death in 2013, asserting that he had made diligent efforts to find her through various means, including inquiries with relatives and travel to multiple locations.
RTC Proceedings
The RTC granted Remar's petition on April 11, 2016, declaring Lovelyn presumptively dead under Article 41 of the Family Code. The judgment became final and executory, as it adhered to the procedural requirements of publication and posting. The RTC concluded that Remar's extensive efforts demonstrated sufficient grounds for the declaration.
CA Proceedings
The Republic of the Philippines challenged the RTC's ruling through a petition for certiorari to the Court of Appeals (CA), arguing that Remar's search efforts were insufficient and characterized as passive instead of diligent. The CA affirmed the RTC’s judgment, citing procedural shortcomings in the Republic’s filing, specifically the failure to file a motion for reconsideration prior to seeking certiorari and reaffirming the sufficiency of evidence supporting the RTC's decision.
Issue for Resolution
The central issue before the Supreme Court was whether the CA erred in affirming the RTC's declaration of Lovelyn's presumptive death. Given the Republic's claim that Remar's evidence failed to meet the legal standard of a "well-founded belief" regarding Lovelyn's death, the Court had to evaluate the nature of the efforts Remar made in trying to locate her.
Court's Ruling
The Supreme Court determined that the Petition for Certiorari should be granted, finding that the CA's dismissal of the Republic's petition was incorrect. The Court elucidated that a motion for reconsideration was unnecessary because the issues raised were purely legal in nature rather than factual disputes. Therefore, it was appropriate for the Republic to file directly with the CA.
The Court turned to Article 41 of the Family Code, requiring not only that the absent spouse has been missing for the requisite period but also that the present spouse must possess a "well-founded belief" as to the absentee's death. The Court reiterated the need for the present spouse to demonstrate
...continue readingCase Syllabus (G.R. No. 84628)
The Case
- This case is a Petition for Review on Certiorari filed under Rule 45 of the Rules of Court.
- It challenges the Decision dated June 29, 2017, and the Resolution dated January 31, 2018, rendered by the Court of Appeals (CA) in CA-G.R. SP No. 07581-MIN.
- The CA upheld the Judgment dated April 11, 2016, issued by the Regional Trial Court (RTC) of Surigao City, Branch 32, which declared Lovelyn Uriarte QuiAonez presumptively dead under Article 41 of the Family Code.
The Facts
- Remar A. QuiAonez and Lovelyn Uriarte QuiAonez married on August 16, 1997, in Mangagoy, Bislig City, and have two children.
- Remar worked as a security guard and later transferred to Cebu City for better opportunities.
- Lovelyn requested a three-month vacation in Manila in 2001, during which communication between them gradually ceased.
- Remar learned that Lovelyn was cohabiting with another man and spent nearly ten years trying to locate her, eventually filing a Petition for Declaration of Presumptive Death in the RTC on February 27, 2013.
RTC Proceedings
- The RTC issued a Judgment declaring Lovelyn presumptively dead after Remar demonstrated diligent efforts to locate her.
- The RTC found that Remar's efforts included inquiries to relatives and searches in various locations, which were deemed sufficient to support the declaration of presumptive death.
- The RTC Judgment became final and executory immediately due to the summary nature of the proceedings.