REPUBLIC OF THE PHILIPPINES, petitioner, v. GREGORIO NOLASCO, respondent.
G.R. No. 94053. March 17, 1993.
Facts:
On 5 August 1988, respondent Gregorio Nolasco filed before the Regional Trial Court a petition for the declaration of presumptive death of his wife Janet Monica Parker, involving Article 41 of the Family Code. The petition prayed that respondent’s wife be declared presumptively dead or, in the alternative, that the marriage be declared null and void.
The Republic of the Philippines opposed the petition through the Provincial Prosecutor of Antique who had been deputized to assist the Solicitor-General in the instant case. The Republic argued, first, that Nolasco did not possess a well-founded belief that the absent spouse was already dead; and second, Nolasco’s attempt to have his marriage annulled in the same proceeding was a cunning attempt to circumvent the law on marriage.
Respondent Nolasco testified that he was a seaman and that he had first met Janet Monica Parker, a British subject, in a bar in England during one of his ship’s port calls. From that chance meeting onwards, Janet Monica Parker lived with respondent Nolasco on his ship for six months until they returned to respondent’s hometown of San Jose, Antique on 19 November 1980 after his seaman’s contract expired. On 15 January 1982, respondent married Janet Monica Parker in San Jose, Antique, in Catholic rites officiated by Fr. Henry van Tilborg in the Cathedral of San Jose.
He obtained another employment contract as a seaman and left his wife with his parents in San Jose, Antique. Sometime in January 1983, while working overseas, respondent received a letter from his mother informing him that Janet Monica had given birth to his son. The same letter informed him that Janet Monica had left Antique.
Respondent further testified that his efforts to look for her himself whenever his ship docked in England proved fruitless. He also stated that all the letters he had sent to his missing spouse at No. 38 Ravena Road, Allerton, Liverpool, England, the address of the bar where he and Janet Monica first met, were all returned to him. He also claimed that he inquired from among friends but they too had no news of Janet Monica.
The trial court granted Nolasco’s petition hereby declaring the presumptively death of Janet Monica Parker Nolasco, without prejudice to her reappearance.
The Republic appealed to the Court of Appeals contending that the trial court erred in declaring Janet Monica Parker presumptively dead because respondent Nolasco had failed to show that there existed a well founded belief for such declaration. The Court of Appeals affirmed the trial court’s decision, holding that respondent had sufficiently established a basis to form a belief that his absent spouse had already died.
Issue:
Whether or not Nolasco has a well-founded belief that his wife is already dead.
Ruling:
No. The Court believes that respondent Nolasco failed to conduct a search for his missing wife with such diligence as to give rise to a “well-founded belief” that she is dead. Pursuant to Article 41 of the Family Code, 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 had a well founded belief that the absent spouse was already dead. In fine, respondent failed to establish that he had the well-founded belief required by law that his absent wife was already dead that would sustain the issuance of a court order declaring Janet Monica Parker presumptively dead. Thus, the Decision of the Court of Appeals affirming the trial court’s decision declaring Janet Monica Parker presumptively dead is hereby reversed and both Decisions are hereby nullified and set aside.
