GR No.

180863

September 8, 2009

Valdez vs. Republic

FACTS:

Angelita Valdez was married with Sofio in January 1971.  She gave birth to a baby girl named
Nancy.  They argued constantly because Sofio was unemployed and did not bring home any
money.  In March 1972, the latter left their house.  Angelita and her child waited until in May
1972, they decided to go back to her parent’s home.  3 years have passed without any word
from Sofio until in October 1975 when he showed up and they agreed to separate and executed
a document to that effect.  It was the last time they saw each other and had never heard of
ever since.  Believing that Sofio was already dead, petitioner married Virgilio Reyes in June
1985.  Virgilio’s application for naturalization in US was denied because petitioner’s marriage
with Sofio was subsisting.  Hence, in March 2007, petitioner filed a petition seeking declaration
of presumptive death of Sofio.

ISSUE: Whether or not petitioner’s marriage with Virgilio is valid despite lack of declaration of
presumptive death of Sofio.

DECISION:

The court ruled that no decree on the presumption of Sofio’s death is necessary because Civil
Code governs during 1971 and not Family Code where at least 7 consecutive years of absence is
only needed.  Thus, petitioner was capacitated to marry Virgilio and their marriage is legal and
valid.