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  • Republic vs. Tampus, G.R. No. 214243, March 16, 2016

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    Francise Mae Montilla Mordeno
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    Nilda filed a petition to declare her husband Dante presumptively dead after he disappeared 33 years ago while serving in the AFP. The court denied the petition because Nilda did not meet the stringent standard of having a "well-founded belief" that Dante was dead. While Nilda asked Dante's family about his whereabouts, she did not make further efforts like contacting the AFP headquarters, seeking help from authorities to find him, or inquiring about the status of his combat mission. Her efforts did not constitute the active exertion required to locate an absent spouse and determine if they were still alive. The court ruled she did not sufficiently prove her belief in Dante's death was based on diligent and reasonable efforts

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    civil law review

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    104. Republic vs. Tampus, G.R. No. 214243, March 16, 2016

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    Nilda filed a petition to declare her husband Dante presumptively dead after he disappeared 33 years ago while serving in the AFP. The court denied the petition because Nilda did not meet the stringent standard of having a "well-founded belief" that Dante was dead. While Nilda asked Dante's family about his whereabouts, she did not make further efforts like contacting the AFP headquarters, seeking help from authorities to find him, or inquiring about the status of his combat mission. Her efforts did not constitute the active exertion required to locate an absent spouse and determine if they were still alive. The court ruled she did not sufficiently prove her belief in Dante's death was based on diligent and reasonable efforts

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    34 views1 page

    Republic vs. Tampus, G.R. No. 214243, March 16, 2016

    Uploaded by

    Francise Mae Montilla Mordeno
    Nilda filed a petition to declare her husband Dante presumptively dead after he disappeared 33 years ago while serving in the AFP. The court denied the petition because Nilda did not meet the stringent standard of having a "well-founded belief" that Dante was dead. While Nilda asked Dante's family about his whereabouts, she did not make further efforts like contacting the AFP headquarters, seeking help from authorities to find him, or inquiring about the status of his combat mission. Her efforts did not constitute the active exertion required to locate an absent spouse and determine if they were still alive. The court ruled she did not sufficiently prove her belief in Dante's death was based on diligent and reasonable efforts

    Copyright:

    © All Rights Reserved
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    of 1

    104. Republic vs. Tampus It necessitates exertion of active effort, not a passive one.

    As such, the mere absence of the spouse for such periods


    FACTS:
    prescribed under the law, lack of any news that such
    absentee spouse is still alive, failure to communicate, or
    Respondent Nilda B. Tampus (Nilda) was married to Dante
    general presumption of absence under the Civil Code
    L. Del Mundo (Dante) on November 29, 1975 in Cordova,
    would not suffice.22
    Cebu.
    The premise is that Article 41 of the Family Code places
    Three days thereafter, or on December 2, 1975, Dante, a upon the present spouse the burden of complying with the
    member of the Armed Forces of the Philippines (AFP), left stringent requirement of "well-founded belief' which can
    respondent, and went to Jolo, Sulu where he was assigned. only be discharged upon a showing of proper and honest-
    to-goodness inquiries and efforts to ascertain not only the
    Since then, Nilda heard no news from Dante. She tried absent spouse's whereabouts, but more importantly,
    everything to locate him, but her efforts proved futile.  whether the latter is still alive or is already dead. 23

    Thus, on April 14, 2009, she filed before the RTC a In this case, Nilda testified that after Dante's
    petition to declare Dante as presumptively dead for the disappearance, she tried to locate him by making inquiries
    purpose of remarriage, alleging that after the lapse of with his parents, relatives, and neighbors as to his
    thirty-three (33) years without any kind of communication whereabouts, but unfortunately, they also did not know
    from him, she firmly believes that he is already dead. where to find him.

    Other than making said inquiries, however, Nilda made no


    ISSUE: further efforts to find her husband.

    Whether or not the petition to declare Dante as She could have called or proceeded to the AFP
    presumptively dead for the purpose of remarriage should headquarters to request information about her husband,
    be granted. but failed to do so.

    She did not even seek the help of the authorities or the
    AFP itself in finding him.
    RULING:
    Considering her own pronouncement that Dante was sent
    No. the petition to declare Dante as presumptively dead for by the AFP on a combat mission to Jolo, Sulu at the time of
    the purpose of remarriage should NOT be granted. his disappearance, she could have inquired from the AFP
    on the status of the said mission, or from the members of
    Before a judicial declaration of presumptive death can be the AFP who were assigned thereto.
    obtained, it must be shown that the prior spouse had been
    absent for four consecutive years and the present spouse To the Court's mind, therefore, Nilda failed to actively look
    had a well-founded belief that the prior spouse was for her missing husband, and her purported earnest efforts
    already dead. to find him by asking Dante's parents, relatives, and friends
    did not satisfy the strict standard and degree of diligence
    Under Article 41 19 of the Family Code of the Philippines required to create a "well-founded belief' of his death.
    (Family Code), there are four (4) essential requisites for
    the declaration of presumptive death:

    (1) that the absent spouse has been missing for four
    ( 4) consecutive years, or two (2) 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) that the present spouse wishes to remarry;

    (3) that the present spouse has a well-founded belief


    that the absentee is dead; and

    (4) ( 4) that the present spouse files a summary


    proceeding for the declaration of presumptive
    death of the absentee.

    The "well-founded belief' in the absentee's death requires


    the present spouse to prove that his/her belief was the
    result of diligent and reasonable efforts to locate the
    absent spouse and that based on these efforts and
    inquiries, he/she believes that under the circumstances,
    the absent spouse is already dead.

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