REPUBLIC OF THE PHILIPPINES, petitioner, v.
GLORIA BERMUDEZ-LORINO, respondent.
G.R. No. 160258. January 19, 2005
Facts:
Petitioner Gloria Bermudez-Lorino filed a verified petition with the Regional Trial Court under the rules on Summary Judicial Proceedings in the Family Law provided for in the Family Code to declare her husband judicially presumed dead for the purpose of remarriage. She averred that she was unaware that her husband was a habitual drinker, possessed with violent character/attitude, and had the propensity to go out with friends to the extent of being unable to engage in any gainful work prior to their marriage. Because of her husband’s violent character, Gloria found it safer to leave him behind and decided to go back to her parents together with her three children. In order to support the children, Gloria was compelled to work abroad. From the time of her physical separation from her husband in 1991, Gloria has not heard of him at all. She had absolutely no communications with him, or with any of his relatives. The RTC granted the petition and rendered the decision final and executory. Nevertheless, the CA studied the case upon appeal of the Solicitor General representing the republic, but affirmed the decision of the RTC; hence this petition.
Issue:
Whether the appeal was correct considering that the decision was rendered as final and executor.
Ruling:
In Summary Judicial Proceedings under the Family Code, there is no reglementary period within which to perfect an appeal, precisely because judgments rendered thereunder, by express provision of Section 247, Family Code, supra, are “immediately final and executory”. It was erroneous, therefore, on the part of the RTC to give due course to the Republic’s appeal and order the transmittal of the entire records of the case to the Court of Appeals. It was fortunate, though, that the Court of Appeals, acting through its Special Fourth Division, with Justice Elvi John S. Asuncion as Acting Chairman and ponente, denied the Republic’s appeal and affirmed without modification the final and executory judgment of the lower court. The petition is therefore denied.
