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    Republic of The Philippines V. Hon. Benjamin Estrad and Teresita Olemberio TOPIC - Prior Marriage Articles Facts

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    Portia Wynona
    Teresita filed a petition to declare her husband Diego presumptively dead after he left their home in 1976 and had no contact for 32 years. Both lower courts approved the petition. The Supreme Court affirmed, finding that Diego met the requirements to be declared presumptively dead under Article 41 of the Family Code, as his absence of over 30 years far exceeded the four year period and Teresita made diligent efforts to find him, supporting her belief that he had died. The evidence also suggested Diego likely died due to New People's Army activity in the area.

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    Republic of The Philippines V. Hon. Benjamin Estrad and Teresita Olemberio TOPIC - Prior Marriage Articles Facts

    Uploaded by

    Portia Wynona
    823 views1 page
    Teresita filed a petition to declare her husband Diego presumptively dead after he left their home in 1976 and had no contact for 32 years. Both lower courts approved the petition. The Supreme Court affirmed, finding that Diego met the requirements to be declared presumptively dead under Article 41 of the Family Code, as his absence of over 30 years far exceeded the four year period and Teresita made diligent efforts to find him, supporting her belief that he had died. The evidence also suggested Diego likely died due to New People's Army activity in the area.

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    Republic v. Hon. Estrada

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    Teresita filed a petition to declare her husband Diego presumptively dead after he left their home in 1976 and had no contact for 32 years. Both lower courts approved the petition. The Supreme Court affirmed, finding that Diego met the requirements to be declared presumptively dead under Article 41 of the Family Code, as his absence of over 30 years far exceeded the four year period and Teresita made diligent efforts to find him, supporting her belief that he had died. The evidence also suggested Diego likely died due to New People's Army activity in the area.

    Copyright:

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

    Republic of The Philippines V. Hon. Benjamin Estrad and Teresita Olemberio TOPIC - Prior Marriage Articles Facts

    Uploaded by

    Portia Wynona
    Teresita filed a petition to declare her husband Diego presumptively dead after he left their home in 1976 and had no contact for 32 years. Both lower courts approved the petition. The Supreme Court affirmed, finding that Diego met the requirements to be declared presumptively dead under Article 41 of the Family Code, as his absence of over 30 years far exceeded the four year period and Teresita made diligent efforts to find him, supporting her belief that he had died. The evidence also suggested Diego likely died due to New People's Army activity in the area.

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

    SORIANO, Portia Wynona G.

    UST 4B

    REPUBLIC OF THE PHILIPPINES v. HON. BENJAMIN ESTRAD and TERESITA


    OLEMBERIO
    G.R. No. 214792 | March 18, 2015

    TOPIC – Prior Marriage Articles

    FACTS:
    Teresita J. Olemberio (Teresita) married Diego Olemberio (Olemberio) in 1973.
    Sometime in 1976, Diego left their residence and never came back. In 2008, Teresita filed
    a petition to declare Diego presumptively dead so that she could contract another
    marriage without any impediment. She alleged that Diego failed to communicate with
    her for the past 32 years and never made contact with any of their children or
    immediate relatives. She also added that she exerted efforts to reach Diego but failed.

    Both the trial and appellate courts declared Diego presumptively death. As such,
    the Office of the Solicitor General filed a petition for certiorari before the Supreme Court
    contesting the grant of petition.

    ISSUE:
    Whether or not Diego can be declared presumptively dead.

    RULING:
    YES. Art. 41 of the Family Code provides:
    “A marriage contracted by any person during the subsistence of a
    previous marriage shall be null and void, unless before the celebration of the
    subsequent marriage, the prior spouse had been absent for four consecutive
    years and the spouse present has a well-founded belief that the absent spouse
    was already dead. In case of disappearance where there is a danger of death
    under the circumstances set forth in the provisions of Article 391 of the Civil
    Code, an absence of only two years shall be sufficient.

    For the purpose of contracting the subsequent marriage under the


    preceding paragraph the spouse present must institute a summary proceeding as
    provided in this Code for the declaration of presumptive death of the absentee,
    without prejudice to the effect of reappearance of the absent spouse.

    Here, Diego has been absent for more than 30 years, which far exceeded the four years
    required by the law. Moreover, the acts of Teresita of going to SSS to inquire on Diego’s
    remittances and of going to the house of Diego’s parents constitute diligent efforts sufficient to
    support her belief that Diego is dead. The totality of evidence also shows that Diego had already
    died due to the prevalence of New People’s Army in their place.

    Page 1 of 1

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