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    Technical Decision: A LAW EACH DAY (Keeps Trouble Away) by Jose C. Sison

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    Michaela Balaweg
    Under Philippine law, a married person whose spouse has been absent for four years can remarry if they can prove in court that they have a well-founded belief their spouse is dead. Yoly filed to have her husband Rolly declared presumptively dead after he left for Taiwan 9 years prior and she had no contact or information about him since. The court approved Yoly's petition but the decision was appealed by the Solicitor General who argued Yoly did not make earnest efforts to locate Rolly. However, the Supreme Court found that while Yoly's efforts to find Rolly were insufficient, the Solicitor General used the wrong appeal process, so the lower court's decision declaring Rolly presumptively dead

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    Technical Decision: A LAW EACH DAY (Keeps Trouble Away) by Jose C. Sison

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    Michaela Balaweg
    63 views1 page
    Under Philippine law, a married person whose spouse has been absent for four years can remarry if they can prove in court that they have a well-founded belief their spouse is dead. Yoly filed to have her husband Rolly declared presumptively dead after he left for Taiwan 9 years prior and she had no contact or information about him since. The court approved Yoly's petition but the decision was appealed by the Solicitor General who argued Yoly did not make earnest efforts to locate Rolly. However, the Supreme Court found that while Yoly's efforts to find Rolly were insufficient, the Solicitor General used the wrong appeal process, so the lower court's decision declaring Rolly presumptively dead

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    A LAW EACH DAY

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    Technical Decision

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    Under Philippine law, a married person whose spouse has been absent for four years can remarry if they can prove in court that they have a well-founded belief their spouse is dead. Yoly filed to have her husband Rolly declared presumptively dead after he left for Taiwan 9 years prior and she had no contact or information about him since. The court approved Yoly's petition but the decision was appealed by the Solicitor General who argued Yoly did not make earnest efforts to locate Rolly. However, the Supreme Court found that while Yoly's efforts to find Rolly were insufficient, the Solicitor General used the wrong appeal process, so the lower court's decision declaring Rolly presumptively dead

    Copyright:

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

    Technical Decision: A LAW EACH DAY (Keeps Trouble Away) by Jose C. Sison

    Uploaded by

    Michaela Balaweg
    Under Philippine law, a married person whose spouse has been absent for four years can remarry if they can prove in court that they have a well-founded belief their spouse is dead. Yoly filed to have her husband Rolly declared presumptively dead after he left for Taiwan 9 years prior and she had no contact or information about him since. The court approved Yoly's petition but the decision was appealed by the Solicitor General who argued Yoly did not make earnest efforts to locate Rolly. However, the Supreme Court found that while Yoly's efforts to find Rolly were insufficient, the Solicitor General used the wrong appeal process, so the lower court's decision declaring Rolly presumptively dead

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
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    Technical decision

    A LAW EACH DAY (Keeps Trouble Away) By Jose C. Sison (The Philippine Star) | August 29, 2012

    Under Article 41 of the Family Code, a married person whose spouse has been absent for four
    consecutive years can marry again if he/she is able to prove in a summary proceeding filed in court that
    his/her spouse has been missing for four years and she/he has a well founded belief that the absent
    spouse is already dead. As to what constitutes a “well founded belief” is answered in this case of Yoly.

    In 1991, Yoly met Rolly at an electronics company in Parañaque where they were both working. The two
    eventually got married on March 3, 1993. Their marriage resulted in the birth of a son.

    But sometime in May 1994, the electronics company closed down, forcing Rolly to go to Taiwan to seek
    employment there. From that time on, Yoly had not received any communication from her husband
    notwithstanding efforts to locate and get in touch with him.

    So after nine years of waiting, Yoly filed a petition in the Regional Trial Court (RTC) to have Rolly declared
    presumptively dead. In the hearing of the petition, Yoly testified and told the court about Rolly’s leaving
    them, going to Taiwan and never heard from again. Her brother likewise testified that he had inquired from
    Rolly’s relatives as to his whereabouts but to no avail.

    On February 7, 2005, the RTC rendered a decision declaring Rolly as presumptively dead. This decision
    was questioned by the Republic of the Philippines, represented by the Office of the Solicitor General
    (OSG) by filing a Notice of Appeal to the Court of Appeals after its motion for reconsideration was denied
    by the RTC. The OSG contended that Yoly failed to exert earnest efforts to locate Rolly and thus failed to
    prove her well founded belief that he was already dead. Was the OSG correct?

    Yes. The belief of the present spouse must be the result of proper and honest to goodness inquiries and
    efforts to ascertain the whereabouts of the absent spouse and whether the absent spouse is still alive or
    already dead. Whether or not the spouse present acted on a well founded belief of death of the absent
    spouse depends upon the inquiries to be drawn from a great many circumstances occurring before and
    after the disappearance of the absent spouse and the nature and extent of the inquiries made by the
    present spouse.

    In this case, Yoly did not initiate a diligent search to locate her absent husband. While her brother testified
    to having inquired from the latter’s relatives, these relatives were not presented to corroborate his
    testimony. If Yoly were diligent in her search for her husband, she would have sought information from the
    Taiwanese Consular Office or assistance from other government agencies in Taiwan or the Philippines.
    She could have also utilized mass media for this end, but she did not. Worse, she failed to explain these
    omissions.

    Nevertheless, since the petition for declaration of presumptive death is a summary proceeding, the
    decision of the RTC is immediately final and executory, and hence, not subject to ordinary appeal. The
    attempt to question it through a mere Notice of Appeal is unavailing. The OSG should have filed a Petition
    for Certiorari under Rule 65 of the Rules of Court for grave abuse of discretion amounting to lack of
    jurisdiction on the part of the RTC.

    On technical grounds therefore, Yoly won the case. The RTC decision having become final could no
    longer be reversed or modified (Republic vs. Granada, G.R. 187512, June 13, 2012).

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