Professional Documents
Culture Documents
Presumptive Death
To retroactively apply the provisions of the Family Code
1. Angelita Valdez vs. Republic of the Philippines requiring petitioner to exhibit well-founded belief will, ultimately,
result in the invalidation of her second marriage, which was valid
Facts: at the time it was celebrated. Such a situation would be
Angelita Valdez was married with Sofio in January untenable and would go against the objectives that the Family
1971. She gave birth to a baby girl named Nancy. They argued Code wishes to achieve.
constantly because Sofio was unemployed and did not bring
home any money. In March 1972, the latter left their In sum, we hold that the Petition must be dismissed since no
house. Angelita and her child waited until in May 1972, they decree on the presumption of Sofios death can be granted under
decided to go back to her parent’s home. 3 years have passed the Civil Code, the same presumption having arisen by operation
without any word from Sofio until in October 1975 when he of law. However, we declare that petitioner was capacitated to
showed up and they agreed to separate and executed a marry Virgilio at the time their marriage was celebrated in 1985
document to that effect. It was the last time they saw each and, therefore, the said marriage is legal and valid.
other and had never heard of ever since. Believing that Sofio
was already dead, petitioner married Virgilio Reyes in June
1985. Virgilio’s application for naturalization in US was denied
because petitioner’s marriage with Sofio was subsisting. Hence,
in March 2007, petitioner filed a petition seeking declaration of
presumptive death of Sofio.
The RTC rendered its Decision on November 12, 2007,
dismissing the Petition for lack of merit. The RTC held that
Angelita was not able to prove the well-grounded belief that her
husband Sofio Polborosa was already dead. It said that under
Article 41 of the Family Code, the present spouse is burdened
to prove that her spouse has been absent and that she has a
well-founded belief that the absent spouse is already dead
before the present spouse may contract a subsequent marriage.
This belief, the RTC said, must be the result of proper and
honest-to-goodness inquiries and efforts to ascertain the
whereabouts of the absent spouse.
Ruling: NO.