Case Summary (G.R. No. L-6379)
Facts of the Case
Nilda B. Tampus filed a petition on April 14, 2009, before the Regional Trial Court (RTC) of Lapu-Lapu City to declare her husband Dante presumptively dead to facilitate remarriage, stating that after decades of no communication, she strongly believes he is deceased. Nilda presented her case without opposition, recounting her attempts to locate Dante through inquiries with his family and acquaintances, all of which yielded no information. These efforts culminated in her decision to remarry and move forward with her life.
RTC Ruling
On July 29, 2009, the RTC granted Nilda's petition, concluding that Dante's long absence since 1975, coupled with the absence of communication, was sufficient to establish a presumption of death. The RTC acknowledged Nilda's assertions regarding her diligence in attempting to find Dante, emphasizing that the thirty-three-year absence supported her belief in his death while allowing for the possibility of his reappearance.
CA Ruling
The Office of the Solicitor General, representing the Republic of the Philippines, subsequently filed a petition with the Court of Appeals (CA), seeking to overturn the RTC's decision. However, on June 17, 2013, the CA dismissed the petition and upheld the RTC's ruling. It underscored the lack of knowledge regarding Dante’s whereabouts from his family and the credibility of Nilda’s belief in his demise given the context of Dante’s military service at the time of his disappearance.
Issue for Resolution
The central issue before the Court was whether the CA erred in affirming the RTC's ruling that Dante is presumptively dead.
Court's Ruling
The Supreme Court found merit in the petition by the Republic. In accordance with Article 41 of the Family Code, the Court reiterated that a declaration of presumptive death requires (1) the prior spouse’s absence for four years (or two years under certain circumstances), (2) the present spouse’s intention to remarry, (3) the present spouse's well-founded belief in the prior spouse's death, and (4) the institution of a summary proceeding for the declaration of presumptive death.
Burden of Proof
The Court emphasized that the onus lies with the present spouse to fulfill these requisites and demonstrate active efforts in establishing a well-founded belief in the absentee’s death. The jurisprudence mandates rigorous diligence, whereby the present spouse must substantiate their claim
...continue readingCase Syllabus (G.R. No. L-6379)
Background of the Case
- The case involves the petition of the Republic of the Philippines against Nilda B. Tampus concerning the declaration of her husband, Dante L. Del Mundo, as presumptively dead.
- The legal proceedings arose from a petition filed by Nilda in the Regional Trial Court (RTC) of Lapu-Lapu City, seeking this declaration after she had not heard from Dante for thirty-three years following his assignment with the Armed Forces of the Philippines (AFP) in 1975.
Facts of the Case
- Nilda and Dante were married on November 29, 1975, in Cordova, Cebu, officiated by Municipal Judge Julian B. Pogoy.
- Dante left for a military assignment in Jolo, Sulu, three days after their marriage and had remained unaccounted for since that time.
- Nilda made numerous attempts to locate Dante, inquiring from his family, relatives, and neighbors, but to no avail.
- On April 14, 2009, Nilda filed a petition with the RTC stating her belief that Dante was dead due to the prolonged absence without communication.
RTC Ruling
- The RTC issued a decision on July 29, 2009, declaring Dante presumptively dead for all legal purposes, stating that the thirty-three years of absence sufficed to establish this presumption.
- The court acknowledged Nilda's diligent efforts to track down her husband and considered the circumstances of Dante's last known assignment.
CA Ruling
- The Office of the Solicitor Gener