FACTS:

The petitioner, Republic of the Philippines, represented by the Office of the Solicitor General (OSG), filed a petition for review on certiorari seeking the reversal of the decision of the Court of Appeals, which affirmed the earlier decision of the Regional Trial Court (RTC), in a summary judicial proceeding initiated by the respondent, Gloria Bermudez-Lorino.

Gloria Bermudez-Lorino filed a verified petition before the RTC seeking the declaration of presumptive death of her absent spouse, Francisco Lorino, Jr., based on the provisions of Article 41 of the Family Code. Gloria and Francisco were married on June 12, 1987, and had three children together. Gloria left Francisco due to his violent character and went back to her parents with their children. She then worked abroad to support their children. Since their separation in 1991, Gloria had no communication with Francisco or his relatives.

On August 14, 2000, Gloria filed the petition with the RTC under the rules on Summary Judicial Proceedings in the Family Law. The RTC ordered the publication of the petition in a newspaper of general circulation. The evidence presented during the proceedings included the order of publication, newspaper copies where the order appeared, affidavits, and certifications.

On November 7, 2001, the RTC granted Gloria's petition, declaring the presumptive death of Francisco Lorino, Jr., subject to the restrictions and conditions provided by law. The OSG filed a notice of appeal despite the finality of the judgment. The case was then elevated to the Court of Appeals, which affirmed the RTC decision in its September 23, 2003, decision.

ISSUES:

1. Whether or not the petition for the declaration of presumptive death of the absent spouse based on Article 41 of the Family Code was sufficiently supported by evidence.

2. Whether or not the summary judicial proceeding was conducted in accordance with the rules on Summary Judicial Proceedings in the Family Law.

RULING:

1. The Court of Appeals affirmed the decision of the Regional Trial Court, stating that the evidence, including the order of publication, affidavit of publication, newspapers where the order appeared, deposition of Gloria taken in Hong Kong, her affidavit executed in Hong Kong, and certification from the Department of Foreign Affairs Authentication Officer, were sufficient to support the petition for the declaration of presumptive death.

2. The Court of Appeals did not tackle this issue in its decision.

PRINCIPLES:

• Article 41 of the Family Code provides for the declaration of the presumptive death of an absent spouse for purposes of remarriage.

• Summary Judicial Proceedings in the Family Law are governed by specific rules under the Family Code.