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  • Luk Ban Vs Republic CD

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    Audrey Martin
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    Lourdes Lukban's husband Francisco Chuidian left after a violent quarrel in 1933 and had not been heard from since. Lukban diligently searched for her husband but could not find him or anyone who knew his whereabouts. Believing her husband was dead after over 20 years of absence, Lukban wanted to remarry but ensure her civil status was in order. The court ruled Lukban did not need to declare her husband presumptively dead under the Civil Code in effect during their marriage, as the law only required an absent spouse be missing for seven years and the remaining spouse believe them dead to remarry.

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    Case Digest

    Original Title

    Luk Ban vs Republic CD

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    Lourdes Lukban's husband Francisco Chuidian left after a violent quarrel in 1933 and had not been heard from since. Lukban diligently searched for her husband but could not find him or anyone who knew his whereabouts. Believing her husband was dead after over 20 years of absence, Lukban wanted to remarry but ensure her civil status was in order. The court ruled Lukban did not need to declare her husband presumptively dead under the Civil Code in effect during their marriage, as the law only required an absent spouse be missing for seven years and the remaining spouse believe them dead to remarry.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Flag for inappropriate content
    Download as docx, pdf, or txt
    31 views1 page

    Luk Ban Vs Republic CD

    Uploaded by

    Audrey Martin
    Lourdes Lukban's husband Francisco Chuidian left after a violent quarrel in 1933 and had not been heard from since. Lukban diligently searched for her husband but could not find him or anyone who knew his whereabouts. Believing her husband was dead after over 20 years of absence, Lukban wanted to remarry but ensure her civil status was in order. The court ruled Lukban did not need to declare her husband presumptively dead under the Civil Code in effect during their marriage, as the law only required an absent spouse be missing for seven years and the remaining spouse believe them dead to remarry.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Flag for inappropriate content
    Download as docx, pdf, or txt
    of 1

    Lukban vs Republic

    L-8492, February 29, 1956

    FACTS:

    Lourdes Lukban and Francisco Chuidian got married in 1933 and after a violent
    quarrel he left Lukban and has not been heard of since then. She diligently looked
    for him asking the parents and friends but no one knew his whereabouts. She
    believes that husband is already dead since he was absent for more than 20 years
    and because she intends to marry again, she desires to have her civil status put in
    order to be relieved on any liability under the law.

    ISSUE: Whether Lukban needs to secure declaration of presumptive death before


    she can remarry.

    HELD:

    The court ruled that Lukban does not need to secure declaration of presumptive
    death of her husband because Civil Code prevails during their marriage in 1933. It
    provides that for the purposes of the civil marriage law, it is not necessary to have
    the former spouse judicially declared an absentee. The declaration of absence
    made in accordance with the provisions of the Civil Code has for its sole purpose
    to enable the taking of the necessary precautions for the administration of the
    estate of the absentee. For the celebration of civil marriage, however, the law only
    requires that the former spouse has been absent for seven consecutive years at the
    time of the second marriage, that the spouse present does not know his or her
    former spouse to be living, that each former spouse is generally reputed to be dead
    and the spouse present so believes at the time of the celebration of the marriage.

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