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REPUBLIC v. GREGORIO OLASCO

FACTS:

The respondent, Gregorio Nolasco, filed a petition before the Regional Trial Court seeking the declaration of the presumptive death of his wife, Janet Monica Parker, under Article 41 of the Family Code. Nolasco also sought the alternative remedy of declaring the marriage null and void. However, the Republic of the Philippines opposed the petition, arguing that Nolasco did not have a "well-founded belief" that his wife was already dead and that his attempt to have the marriage annulled was a "cunning attempt" to circumvent the law.

Nolasco testified that he met Janet Monica Parker in England while working as a seaman, and they got married in the Philippines in 1982. He left his wife with his parents in the Philippines while he continued working as a seaman. In 1983, Nolasco received a letter from his mother informing him that his wife had given birth to their son and had left Antique.

Nolasco claimed that he made efforts to look for his wife but was unsuccessful. His letters sent to her were returned, and his friends had no news of her. Despite these efforts, Nolasco could not find any trace or information about his wife's whereabouts. The trial court granted Nolasco's petition, declaring Janet Monica Parker presumptively dead. The Court of Appeals affirmed the trial court's decision.

The Republic filed a petition for review before the Supreme Court, challenging the finding that Nolasco had a well-founded belief that his wife was already dead. The issue before the Supreme Court was whether or not Nolasco had a well-founded belief that his wife was already dead.

ISSUES:

  1. Whether the respondent has a "well-founded belief" that the absent spouse is already dead in order to obtain a declaration of presumptive death.

  2. Whether the respondent conducted a diligent search for his missing spouse.

  3. Whether or not respondent is entitled to a judicial declaration of presumptive death of his absent wife

RULING:

  1. The court held that the respondent failed to prove that he had a "well-founded belief" that his missing spouse is already dead. The investigation conducted by the respondent to ascertain the whereabouts of his spouse is insufficient to form a reasonable or well-founded belief that she was already dead. The court also found the respondent's claim that his spouse declined to provide information about her personal background and the loss of the alleged letters sent to her to be unconvincing excuses for his failure to locate her. The court concluded that the respondent did not conduct a diligent search for his missing spouse.

  2. No, the respondent is not entitled to a judicial declaration of presumptive death of his absent wife. The Court held that the respondent failed to satisfy the clear requirements of the law in order to establish a well-founded belief that his wife was already dead. The circumstances surrounding the respondent's claim, such as the lack of effort in finding his wife and his subsequent behavior, make it difficult to regard his belief as well-founded. The Court emphasized that marriage is a special contract of permanent union and the parties cannot terminate it at any shorter period by virtue of any contract they make. The law views marriage as a fundamental institution to be protected and strengthened, and any agreement destructive of the family shall not be recognized or given effect. Therefore, the Court reversed the decision of the Court of Appeals and nullified the trial court's decision declaring Janet Monica Parker presumptively dead.

PRINCIPLES:

  • In order to obtain a declaration of presumptive death, the present spouse must have a "well-founded belief" that the absent spouse is already dead.

  • The degree of diligence required in searching for a missing spouse is dependent on the circumstances of the case and must be reasonably diligent.

  • Evidence that the missing spouse chose not to communicate with common acquaintances does not establish that the missing spouse is dead.

  • Admissibility of evidence does not equate to credibility.

  • Marriage is a special contract of permanent union that cannot be terminated at any shorter period by virtue of any contract made by the parties.

  • The law views marriage as a fundamental institution to be protected and strengthened.

  • Family relations are governed by law, and any custom, practice, or agreement destructive of the family shall not be recognized or given effect.