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    Republic V Catubag

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    Uniquorn
    The Supreme Court denied the husband's petition to have his missing wife declared presumptively dead. While the husband complied with the first, second, and fourth requisites, he failed to establish the third requisite of having a "well-founded belief" that his wife was dead. The Court found the husband's efforts to search for his wife, such as asking relatives and searching hospitals, were too passive and uncorroborated. A more diligent search, including seeking help from authorities, was needed to establish a well-founded belief of death. The Court aims to strictly apply standards of diligence to protect the institution of marriage.

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    Republic V Catubag

    Uploaded by

    Uniquorn
    61 views2 pages
    The Supreme Court denied the husband's petition to have his missing wife declared presumptively dead. While the husband complied with the first, second, and fourth requisites, he failed to establish the third requisite of having a "well-founded belief" that his wife was dead. The Court found the husband's efforts to search for his wife, such as asking relatives and searching hospitals, were too passive and uncorroborated. A more diligent search, including seeking help from authorities, was needed to establish a well-founded belief of death. The Court aims to strictly apply standards of diligence to protect the institution of marriage.

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    Republic v Catubag

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    The Supreme Court denied the husband's petition to have his missing wife declared presumptively dead. While the husband complied with the first, second, and fourth requisites, he failed to establish the third requisite of having a "well-founded belief" that his wife was dead. The Court found the husband's efforts to search for his wife, such as asking relatives and searching hospitals, were too passive and uncorroborated. A more diligent search, including seeking help from authorities, was needed to establish a well-founded belief of death. The Court aims to strictly apply standards of diligence to protect the institution of marriage.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    61 views2 pages

    Republic V Catubag

    Uploaded by

    Uniquorn
    The Supreme Court denied the husband's petition to have his missing wife declared presumptively dead. While the husband complied with the first, second, and fourth requisites, he failed to establish the third requisite of having a "well-founded belief" that his wife was dead. The Court found the husband's efforts to search for his wife, such as asking relatives and searching hospitals, were too passive and uncorroborated. A more diligent search, including seeking help from authorities, was needed to establish a well-founded belief of death. The Court aims to strictly apply standards of diligence to protect the institution of marriage.

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    Republic v. Ludyson C. Catubag [G.R. No. 210580. April 18, 2018.

    PRINCIPLE(S): A lenient approach in applying the standards of diligence required in


    establishing a “well-founded belief” would defeat the State’s policy protecting and strengthening
    the institution of marriage.

    FACTS:

    • The spouses got married in 2003 and had two children. The husband went abroad to
    work while the wife stayed behind and took care of their children.

    • In 2006, while working abroad, the husband was informed that his wife left their house
    and never returned

    • The husband took an emergency vacation and flew back home. He looked for her in
    Enrile Cagayan; asked his wife’s close friends and relatives; travelled to Bicol (wife’s
    birthplace); sought the help of Bombo Radio; and searched various hospitals and funeral
    parlors

    • RTC: declared wife presumptively dead

    • Petitioner Republic, through OSG, elevated the case to the CA on the ground that the
    husband failed to establish “well-founded belief” that his missing wife is already dead

    • CA: dismissed the petition because no motion for reconsideration was filed with the CA

    ISSUE: W/N the husband complied with the essential requisites of a petition for declaration of
    presumptive death under Art. 41 of the FC

    RULING:

    No, the husband failed to comply with the essential requisites.

    Prevailing jurisprudence has time and again pointed out four (4) requisites under Article 41 of
    the Family Code that must be complied with for the declaration of presumptive death to
    prosper:

    1. First, the absent spouse has been missing for four consecutive years, or two consecutive
    years if the disappearance occurred where there is danger of death under the
    circumstances laid down in Article 391 of the Civil Code.

    2. Second, the present spouse wishes to remarry.

    3. Third, the present spouse has a well-founded belief that the absentee is dead.

    4. Fourth, the present spouse files for a summary proceeding for the declaration of
    presumptive death of the absentee
    In the present case, the records reveal that the husband has complied with the first, second,
    and fourth requisites but the third. The SC found husband’s efforts fall short of the degree of
    diligence required by jurisprudence for the following reasons:

    1. private respondent failed to present any of these alleged friends or relatives to


    corroborate these "inquiries."; also no explanation for such omission given;
    jurisprudence provides that failure to present any of the persons from
    whom inquiries were allegedly made tends to belie a claim of a diligent
    search

    2. Husband did not seek the help of the other concerned government agencies,
    namely, the local police authorities and NBI; Absent such efforts to employ the
    help of local authorities, the present spouse cannot be said to have
    actively and diligently searched for the absentee spouse (Cantor case)

    3. Aside from the certification of Bombo Radyo's manager, private respondent bases
    his "well-founded belief" on bare assertions that he exercised earnest efforts in
    looking for his wife. The present spouse' bare assertions, uncorroborated by
    any kind of evidence, falls short of the diligence required to engender a
    well-founded belief that the absentee spouse is dead.

    Private respondent's efforts in searching for his missing wife are merely passive. Private
    respondent could have easily convinced the Court otherwise by providing evidence which
    corroborated his "earnest-efforts." Yet, no explanation or justification was given for these
    glaring omissions. Notably, only the act of broadcasting his wife's alleged disappearance
    through a known radio station was corroborated. This act comes nowhere close to establishing
    a well-founded belief that wife has already passed away. At most, it just reaffirms the
    unfortunate theory that she abandoned the family.

    The SC emphasized that a lenient approach in applying the standards of diligence required in
    establishing a “well-founded belief” would defeat the State’s policy protecting and strengthening
    the institution of marriage.

    Republic’s petition is granted. Husband’s petition to have his wife declared


    presumptively dead is denied

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