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    Republic vs. Bermudez

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    NikkoCataquiz
    The Supreme Court of the Philippines upheld the decision of the Regional Trial Court granting Gloria Bermudez-Lorino's petition for presumptive death of her husband Francisco Lorino. Bermudez left Lorino in 1991 after discovering he was a violent alcoholic, taking their three children with her. She had no contact with Lorino or his relatives for nine years. In 2000, Bermudez filed a summary petition with the RTC under family law rules, which was granted in 2001. While the judgment was final, the OSG appealed questioning if the factual and legal bases for presumptive death were established. However, the Supreme Court found the RTC judge complied with the Family Code by rendering an exped

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    Republic vs. Bermudez

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    NikkoCataquiz
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    The Supreme Court of the Philippines upheld the decision of the Regional Trial Court granting Gloria Bermudez-Lorino's petition for presumptive death of her husband Francisco Lorino. Bermudez left Lorino in 1991 after discovering he was a violent alcoholic, taking their three children with her. She had no contact with Lorino or his relatives for nine years. In 2000, Bermudez filed a summary petition with the RTC under family law rules, which was granted in 2001. While the judgment was final, the OSG appealed questioning if the factual and legal bases for presumptive death were established. However, the Supreme Court found the RTC judge complied with the Family Code by rendering an exped

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    Persons and Family Relations

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    The Supreme Court of the Philippines upheld the decision of the Regional Trial Court granting Gloria Bermudez-Lorino's petition for presumptive death of her husband Francisco Lorino. Bermudez left Lorino in 1991 after discovering he was a violent alcoholic, taking their three children with her. She had no contact with Lorino or his relatives for nine years. In 2000, Bermudez filed a summary petition with the RTC under family law rules, which was granted in 2001. While the judgment was final, the OSG appealed questioning if the factual and legal bases for presumptive death were established. However, the Supreme Court found the RTC judge complied with the Family Code by rendering an exped

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    40 views1 page

    Republic vs. Bermudez

    Uploaded by

    NikkoCataquiz
    The Supreme Court of the Philippines upheld the decision of the Regional Trial Court granting Gloria Bermudez-Lorino's petition for presumptive death of her husband Francisco Lorino. Bermudez left Lorino in 1991 after discovering he was a violent alcoholic, taking their three children with her. She had no contact with Lorino or his relatives for nine years. In 2000, Bermudez filed a summary petition with the RTC under family law rules, which was granted in 2001. While the judgment was final, the OSG appealed questioning if the factual and legal bases for presumptive death were established. However, the Supreme Court found the RTC judge complied with the Family Code by rendering an exped

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    Republic of the Philippines

    SUPREME COURT
    Manila
    THIRD DIVISION
    G.R. No. 160258 January 19, 2005
    REPUBLIC OF THE PHILIPPINES, petitioner,
    vs.
    GLORIA BERMUDEZ-LORINO, respondent.
    Facts:
    Gloria Bermudez and Francisco Lorino were married in June 1987. The wife was unaware that
    her husband was a habitual drinker with violent attitude and character and had the propensity to go out
    withhis friends to the point of being unable to work. In 1991 she left him and returned to her parents
    together with her three children. She went abroad to work for her support her children. From the time
    she left him,she had no communication with him or his relatives.In 2000, nine years after leaving her
    husband, Gloria filed a verified petition with the RTC under the ruleson Summary Judicial Proceedings
    in the Family Law. The lower court issued an order for the publicationof the petition in a newspaper of
    general circulation.In November 7, 2001, the RTC granted the summary petition. Although the
    judgment was final andexecutors under the provisions of Act. 247 of the Family Code, the OSG for the
    Republic of thePhilippines filed a notice of appeal.
    Issue: Whether or not the factual and legal bases for a judicial declaration of presumptive death under
    Art41 of the Family Code were duly established.
    Held: Art. 238 of the Family Code under Title XI Summary Judicial Proceeding in the Family Law,
    setsthe tenor for cases scoured by these rules, to wit:Art238. Until modified by the Supreme Court, the
    procedural rules in this Title shall apply in all cases provided for in this Code requiring summary court
    proceeding. Such cases shall be decided in an expedition is manner without regards technical rules.
    The judge of the RTC fully complied with the above-cited provision by expeditiously rending judgment
    within ninety (90) days after the formal offer of evidence by the petitioner.

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