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    Republic vs. Sareñogon

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    Anonymous 5MiN6I78I0
    1. Sarenogon filed a petition to declare the presumptive death of his wife Netchie so that he could remarry under Article 41 of the Family Code. However, the court found he did not satisfy the "well-founded belief" standard required. 2. To comply with the standard, the petitioner must prove diligent and reasonable efforts were made to locate the absent spouse through specific individuals contacted, government agencies assisted, and media notified. 3. Sarenogon failed to provide sufficient details about his search or quest for Netchie over at least two years, including places visited and people interviewed. Therefore, he did not establish the sincere and honest efforts needed to believe his wife was

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    Republic vs. Sareñogon

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    Anonymous 5MiN6I78I0
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    1. Sarenogon filed a petition to declare the presumptive death of his wife Netchie so that he could remarry under Article 41 of the Family Code. However, the court found he did not satisfy the "well-founded belief" standard required. 2. To comply with the standard, the petitioner must prove diligent and reasonable efforts were made to locate the absent spouse through specific individuals contacted, government agencies assisted, and media notified. 3. Sarenogon failed to provide sufficient details about his search or quest for Netchie over at least two years, including places visited and people interviewed. Therefore, he did not establish the sincere and honest efforts needed to believe his wife was

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    1. Sarenogon filed a petition to declare the presumptive death of his wife Netchie so that he could remarry under Article 41 of the Family Code. However, the court found he did not satisfy the "well-founded belief" standard required. 2. To comply with the standard, the petitioner must prove diligent and reasonable efforts were made to locate the absent spouse through specific individuals contacted, government agencies assisted, and media notified. 3. Sarenogon failed to provide sufficient details about his search or quest for Netchie over at least two years, including places visited and people interviewed. Therefore, he did not establish the sincere and honest efforts needed to believe his wife was

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    © All Rights Reserved
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    Download as docx, pdf, or txt
    1K views2 pages

    Republic vs. Sareñogon

    Uploaded by

    Anonymous 5MiN6I78I0
    1. Sarenogon filed a petition to declare the presumptive death of his wife Netchie so that he could remarry under Article 41 of the Family Code. However, the court found he did not satisfy the "well-founded belief" standard required. 2. To comply with the standard, the petitioner must prove diligent and reasonable efforts were made to locate the absent spouse through specific individuals contacted, government agencies assisted, and media notified. 3. Sarenogon failed to provide sufficient details about his search or quest for Netchie over at least two years, including places visited and people interviewed. Therefore, he did not establish the sincere and honest efforts needed to believe his wife was

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    103 Republic vs. Sareñogon, G.R. No. 199194, Feb.

    10, 2016

    TOPIC/ARTICLE #: Prior Marriage (Articles 35 (4), 35 (6), 40, 41, 42, 43, 44, 52, 53 & 39, NCC
    390-391, FC 55 (9), FC 101, )

    FACTS:

     Sarenogon filed a petition before the RTC to declare the presumptive death of his wife
    Netchie. He testified that they got married and lived together as husband and wife for a
    month only because he left to work as a seaman while Netchie went to Hongkong as a
    domestic helper. For 3 months, he did not receive any communication from Netchie and
    had no idea about her whereabouts.
     He returned home after his contract expired, he inquired from Netchie’s relatives and
    they also did not know where she was. Because of these, he had to presume that his
    wife Netchie was already dead.
     He filed the Petition before the RTC so he could contract another marriage pursuant to
    Article 41 of the Family Code.

    ISSUES:

    1. Whether Rule 65 is the proper recourse to question the RTC ruling - YES. A petition for
    certiorari under Rule 65 is the proper remedy to question the RTC’s decision in a summary
    proceeding for declaration of presumptive death.

    2. Whether the “well-founded belief” requisite under Article 41 (FC) was complied with? - NO.

    HELD:

    1. YES. Under Article 247 of the Family Code, the RTC’s decision on a petition pursuant to Article
    41 of the Family Code is immediately final and executory. Thus, the CA has no jurisdiction to
    entertain a notice of appeal pertaining to such judgment.

    2. NO. To comply with this requirement, the present spouse must prove that his/her belief was
    the result of diligent and reasonable efforts and inquiries to locate the absent spouse and that
    based on these efforts and inquiries, he/she believes that under the circumstances, the absent
    spouse is already dead. The "well-founded belief" requisite under Article 41 of the Family Code
    is complied with only upon a showing that sincere honest-to-goodness efforts had indeed been
    made to ascertain whether the absent spouse is still alive or is already dead. It requires exertion
    of active effort. In this case, Sarenogon failed to satisfy required “well-founded belief” standard.
    Jose did not call to the witness stand specific individuals or persons whom he allegedly saw or
    met in the course of his search or quest for the allegedly missing Netchie. Neither did he prove
    that he sought the assistance of the pertinent government agencies as well as the media, nor
    determined and unflagging search for Netchie, say for at least two years (and what those years
    were), and naming the particular places, provinces, cities, barangays or municipalities that he
    visited, or went to, and identifying the specific persons he interviewed or talked to in the course
    of his search.

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