Republic v. Ludyson C. Catubag [G.R. No. 210580. April 18, 2018.

PRINCIPLE(S): A lenient approach in applying the standards of diligence required in

establishing a “well-founded belief” would defeat the State’s policy protecting and strengthening
the institution of marriage.

FACTS:

• The spouses got married in 2003 and had two children. The husband went abroad to
work while the wife stayed behind and took care of their children.

• In 2006, while working abroad, the husband was informed that his wife left their house
and never returned

• The husband took an emergency vacation and flew back home. He looked for her in
Enrile Cagayan; asked his wife’s close friends and relatives; travelled to Bicol (wife’s
birthplace); sought the help of Bombo Radio; and searched various hospitals and funeral
parlors

• RTC: declared wife presumptively dead

• Petitioner Republic, through OSG, elevated the case to the CA on the ground that the
husband failed to establish “well-founded belief” that his missing wife is already dead

• CA: dismissed the petition because no motion for reconsideration was filed with the CA

ISSUE: W/N the husband complied with the essential requisites of a petition for declaration of
presumptive death under Art. 41 of the FC

RULING:

No, the husband failed to comply with the essential requisites.

Prevailing jurisprudence has time and again pointed out four (4) requisites under Article 41 of
the Family Code that must be complied with for the declaration of presumptive death to
prosper:

1. First, the absent spouse has been missing for four consecutive years, or two consecutive
years if the disappearance occurred where there is danger of death under the
circumstances laid down in Article 391 of the Civil Code.

2. Second, the present spouse wishes to remarry.

3. Third, the present spouse has a well-founded belief that the absentee is dead.

4. Fourth, the present spouse files for a summary proceeding for the declaration of
presumptive death of the absentee
In the present case, the records reveal that the husband has complied with the first, second,
and fourth requisites but the third. The SC found husband’s efforts fall short of the degree of
diligence required by jurisprudence for the following reasons:

1. private respondent failed to present any of these alleged friends or relatives to

corroborate these "inquiries."; also no explanation for such omission given;
jurisprudence provides that failure to present any of the persons from
whom inquiries were allegedly made tends to belie a claim of a diligent
search

2. Husband did not seek the help of the other concerned government agencies,
namely, the local police authorities and NBI; Absent such efforts to employ the
help of local authorities, the present spouse cannot be said to have
actively and diligently searched for the absentee spouse (Cantor case)

3. Aside from the certification of Bombo Radyo's manager, private respondent bases
his "well-founded belief" on bare assertions that he exercised earnest efforts in
looking for his wife. The present spouse' bare assertions, uncorroborated by
any kind of evidence, falls short of the diligence required to engender a
well-founded belief that the absentee spouse is dead.

Private respondent's efforts in searching for his missing wife are merely passive. Private
respondent could have easily convinced the Court otherwise by providing evidence which
corroborated his "earnest-efforts." Yet, no explanation or justification was given for these
glaring omissions. Notably, only the act of broadcasting his wife's alleged disappearance
through a known radio station was corroborated. This act comes nowhere close to establishing
a well-founded belief that wife has already passed away. At most, it just reaffirms the
unfortunate theory that she abandoned the family.

The SC emphasized that a lenient approach in applying the standards of diligence required in
establishing a “well-founded belief” would defeat the State’s policy protecting and strengthening
the institution of marriage.

Republic’s petition is granted. Husband’s petition to have his wife declared

presumptively dead is denied