G.R. No.

214792
Republic vs. Estrada
March 18, 2015
Rules Governing Persons Who are Absent
Doctrine:
Article 41 of the Family Code states that it is required for a person to
be declared presumptively dead after 4 years of absence, in this
case, Diegos more than 30 years of absence is more than enough
to declare him presumptively dead for all legal intents and
purposes. From the totality of evidence it can be gleaned that Diego
had already died due to the prevalence of NPAs in Malaybalay,
Bukidnon.
Facts:
Teresita Olembrio filed for Declaration of Absence and Presumption
of Death of her husband Diego before the RTC of Malaybalay. She
alleged that they married on November 25, 1973 but in December
1976, Diego left and never came back. Diego never communicated
with her for the past 32 years and never made contact with any of
their children or immediate relatives. She also alleged that she
made earnest efforts to reach him but failed.
The RTC granted the petition and declared Diego dead for all legal
intents and purposes under Article 41 of the Family Code. The Court
of Appeals denied the appeal by the OSG and affirmed the decision
of the Regional Trial Court.
Issue:
Whether or not Teresita failed to exert sufficient efforts in locating
Diegos whereabouts?
Held&Ruling:
No.
In this case, Diegos more than 30 years of absence is more than
enough to declare him presumptively dead for all legal intents and
purposes. From the totality of evidence it can be gleaned that Diego
had already died due to the prevalence of NPAs in Malaybalay,
Bukidnon