Tadeo-Matias vs.

Republic of the Philippines

G.R. No. 230751; 25 April 2018

Facts:
Petitioner was married to Wilfredo Matias who was a member of the Philippine
Constabulary and assigned in Araya, Pampanga. They were married on 07 January 1968. On 15
September 1979, Wilfredo left their conjugal home at San Miguel, Tarlac City in order to serve
his duties. He was never seen heard from again and has never made contact with any of his or
Petitioner’s relatives. Petitioner constantly sought updates from the Philippine Constabulary
regarding the whereabouts of her husband to no avail. After 3 decades of waiting, Petitioner
sought sought for a claim of death benefits under P.D. 1638 from the Philippine Veteran’s Affair
Office (PVAO) of the AFP. One of its requirements is a judicial declaration of presumptive
death. The Regional Trial Court declared petitioner’s husband presumptively dead under Article
41 of the Family Code. The Court of Appeals reversed RTC ruling since Article 41 only allows
such declaration in cases remarriage which petitioner did not seek.

Issue:
Whether or not Petitioner can validly be granted the judicial declaration of presumptive
death?

Held:
No. Petitioner erred in filing for judicial declaration of presumptive death which is not a
viable suit. Article 41 of the Family Code involves the presumption of death established therein
is only applicable for the purpose of contracting a valid subsequent marriage. The RTC erred in
considering said petition because it was not filed for the purpose of remarriage under the Family
Code but Article 390 of the Civil Code.

Article 390. After an absence of seven years, it being unknown whether or not the
absence still lives, he shall be presumed dead for all purposes except for those of succession.
The absentee shall not be presumed dead for the purpose of opening his succession till after an
absence of five years shall be sufficient in order that his succession may be opened.

Article 391. The following shall be presumed dead for all purposes, including the
division of the estate among the heirs:
1. A person on board a vessel lost during a sea voyage, or an aeroplane which is
missing who has not been heard of four years since the loss of the vessel or
aeroplane;
2. A person in the armed forces who has taken part in war, and has been missing for
four years; and
3. A person who has been in danger of death under circumstances and his existence has
not been known for four years.

Since Article 390 and 391 of the Civil Code merely express rules of evidence, an action
brought exclusively to declare a person presumptively dead under either of the said articles
actually presents no actual controversy that a court decide. The presumption in the said articles is
already established by law. In short, the petition is not authorized by law.
It is unnecessary for Petitioner to file for judicial declaration of presumptive death to
claim death benefits from the PVAO or the AFP. What is only required is evidence of the
claimant that the concerned soldier had been missing for a number of years and or under the
circumstance prescribed under Article 390 and 391 of the Civil Code.