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  • Republic v. Jose B. Sareñogon (LED-G.R. No. 199194. February 10, 2016.) Principle (S)

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    The Supreme Court ruled that Jose B. Sareñogon did not sufficiently prove that his belief in his missing wife's death was well-founded, as required to declare her presumptively dead. While his wife had been missing for over 4 years, Sareñogon's efforts to locate her - making inquiries to relatives and friends who had no information - did not meet the standard of active and diligent investigation into her whereabouts and whether she was alive. The Court found Sareñogon's efforts were below what is required by jurisprudence to comply with the stringent burden of proving a well-founded belief in presumptive death.

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    Republic v Sarenado

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    The Supreme Court ruled that Jose B. Sareñogon did not sufficiently prove that his belief in his missing wife's death was well-founded, as required to declare her presumptively dead. While his wife had been missing for over 4 years, Sareñogon's efforts to locate her - making inquiries to relatives and friends who had no information - did not meet the standard of active and diligent investigation into her whereabouts and whether she was alive. The Court found Sareñogon's efforts were below what is required by jurisprudence to comply with the stringent burden of proving a well-founded belief in presumptive death.

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    27 views2 pages

    Republic v. Jose B. Sareñogon (LED-G.R. No. 199194. February 10, 2016.) Principle (S)

    Uploaded by

    Uniquorn
    The Supreme Court ruled that Jose B. Sareñogon did not sufficiently prove that his belief in his missing wife's death was well-founded, as required to declare her presumptively dead. While his wife had been missing for over 4 years, Sareñogon's efforts to locate her - making inquiries to relatives and friends who had no information - did not meet the standard of active and diligent investigation into her whereabouts and whether she was alive. The Court found Sareñogon's efforts were below what is required by jurisprudence to comply with the stringent burden of proving a well-founded belief in presumptive death.

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    Republic v. Jose B. Sareñogon [LED-G.R. No. 199194. February 10, 2016.

    ]
    PRINCIPLE(S):
    • To be able to comply with the requirement of “well-founded belief”, the present
    spouse must prove that his/her belief was the result of diligent and reasonable
    efforts and inquiries 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. It requires exertion of active effort (not a mere passive one).
    FACTS:
     The couple got married in 1991; lived together for a month only because the
    husband left for work as seafarer while the wife went to Hong Kong as a
    domestic helper
     For three months, he had no communication with her; he returned home and
    made inquiries from his wife’s relatives and friends, but they likewise had no
    idea.
     In 2008, the husband filed the petition for the declaration of presumptive death
    of his wife before the RTC
     RTC: declared the wife presumptively dead
     CA: dismissed Republic’s petition for review

    ISSUE: Whether or not the alleged efforts of respondent in locating his missing wife
    sufficiently support a “well-founded belief” that respondent’s wife is probably dead

    RULING:

    No, the alleged efforts do not sufficiently support a “well-founded belief” that his
    wife is probably dead.

    SC cited the case of Republic v. Cantor, where it held:

    Under Article 41 of the Family Code, there are four essential requisites for the
    declaration of presumptive death:

    1. That 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. That the present spouse wishes to remarry;
    3. That the present spouse has a well-founded belief that the absentee is dead;
    and,
    4. That the present spouse files a summary proceeding for the declaration of
    presumptive death of the absentee.
    Article 41 of the Family Code places upon the present spouse the burden of
    proving the additional and more stringent requirement of “well-founded
    belief” which can only be discharged by showing of proper and honest-to-
    goodness inquiries and efforts to ascertain not only the absent spouse’
    whereabouts but, more importantly, that the absent spouse is still alive or is
    already dead. The SC also emphasized that “mere absence of the spouse or lack
    of news that such absentee is still alive, failure to communicate would not
    suffice”

    To be able to comply, the present spouse must prove that his/her belief was the
    result of diligent and reasonable efforts and inquiries 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. It requires exertion of active
    effort (not a mere passive one).

    • In the case at bar, respondent’s efforts are below the degree of stringent
    diligence prescribed by jurisprudence. He did not call to witness stand specific
    persons whom he allegedly met in the course of his search; did not prove that he
    asked assistance of the pertinent government agencies as well as media; did not
    show he took a thorough and determined search; and he did not specify the
    places that he visited.

    • The SC granted the Republic’s petition and reversed and set aside the
    decision of the CA.

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