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    Valdez vs. Republic GR No. 180863, September 8, 2009

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    Angelita Valdez married Sofio in 1971 but he left in 1972 after constant arguing due to unemployment. They agreed to separate in 1975 when Sofio briefly returned. Believing Sofio dead after no contact for over 20 years, Angelita married Virgilio in 1985. However, Virgilio's US naturalization was denied as her marriage to Sofio was still considered ongoing. The court ruled Angelita's marriage to Virgilio was valid under the Civil Code in effect in 1971, as Sofio had been absent for over 3 years, and no declaration of his presumptive death was necessary.

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    Valdez vs. Republic GR No. 180863, September 8, 2009

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    RR F
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    Angelita Valdez married Sofio in 1971 but he left in 1972 after constant arguing due to unemployment. They agreed to separate in 1975 when Sofio briefly returned. Believing Sofio dead after no contact for over 20 years, Angelita married Virgilio in 1985. However, Virgilio's US naturalization was denied as her marriage to Sofio was still considered ongoing. The court ruled Angelita's marriage to Virgilio was valid under the Civil Code in effect in 1971, as Sofio had been absent for over 3 years, and no declaration of his presumptive death was necessary.

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    Valdez v Republic

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    Angelita Valdez married Sofio in 1971 but he left in 1972 after constant arguing due to unemployment. They agreed to separate in 1975 when Sofio briefly returned. Believing Sofio dead after no contact for over 20 years, Angelita married Virgilio in 1985. However, Virgilio's US naturalization was denied as her marriage to Sofio was still considered ongoing. The court ruled Angelita's marriage to Virgilio was valid under the Civil Code in effect in 1971, as Sofio had been absent for over 3 years, and no declaration of his presumptive death was necessary.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
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    3 views2 pages

    Valdez vs. Republic GR No. 180863, September 8, 2009

    Uploaded by

    RR F
    Angelita Valdez married Sofio in 1971 but he left in 1972 after constant arguing due to unemployment. They agreed to separate in 1975 when Sofio briefly returned. Believing Sofio dead after no contact for over 20 years, Angelita married Virgilio in 1985. However, Virgilio's US naturalization was denied as her marriage to Sofio was still considered ongoing. The court ruled Angelita's marriage to Virgilio was valid under the Civil Code in effect in 1971, as Sofio had been absent for over 3 years, and no declaration of his presumptive death was necessary.

    Copyright:

    © All Rights Reserved
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    ValdezvsRepublic

    Valdezvs.Republic
    GRNo.180863,September8,2009
    FACTS:
    AngelitaValdezwasmarriedwithSofioinJanuary1971.Shegave
    birthtoababygirlnamedNancy.Theyarguedconstantlybecause
    Sofiowasunemployedanddidnotbringhomeanymoney.InMarch
    1972,thelatterlefttheirhouse.Angelitaandherchildwaiteduntilin
    May1972,theydecidedtogobacktoherparentshome.3yearshave
    passedwithoutanywordfromSofiountilinOctober1975whenhe
    showedupandtheyagreedtoseparateandexecutedadocumenttothat
    effect.Itwasthelasttimetheysaweachotherandhadneverheardof
    eversince.BelievingthatSofiowasalreadydead,petitionermarried
    VirgilioReyesinJune1985.Virgiliosapplicationfornaturalizationin
    USwasdeniedbecausepetitionersmarriagewithSofiowas
    subsisting.Hence,inMarch2007,petitionerfiledapetitionseeking
    declarationofpresumptivedeathofSofio.
    ISSUE:WhetherornotpetitionersmarriagewithVirgilioisvalid
    despitelackofdeclarationofpresumptivedeathofSofio.
    HELD:

    ThecourtruledthatnodecreeonthepresumptionofSofiosdeathis
    necessarybecauseCivilCodegovernsduring1971andnotFamily
    Codewhereatleast7consecutiveyearsofabsenceisonlyneeded.
    Thus,petitionerwascapacitatedtomarryVirgilioandtheirmarriageis
    legalandvalid.

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