SECOND DIVISION
G.R. No. 210929, July 29, 2015
REPUBLIC OF THE PHILIPPINES, Petitioner, v. EDNA ORCELINO-VILLANUEVA, Respondent.
D E C I S I O N
MENDOZA, J.:
WHEREFORE, premises considered, judgment is hereby rendered declaring Romeo L. Villanueva to be presumptively dead for all legal intents and purposes in accordance with Article 41 of the Family Code of the Philippines, without prejudice to his reappearance.On August 13, 2010, the OSG filed a petition for certiorari under Rule 65 of the Rules of Court before the CA alleging grave abuse of discretion on the part of the RTC in finding that Edna had a well-founded belief that Romeo, her absent spouse, was dead. It argued that the conclusions reached by the RTC were in direct opposition to established jurisprudence, as ruled by the Court in Republic v. Nolasco8 (Nolasco) and U.S. v. Biasbas9 On October 18, 2013, the CA dismissed the petition, holding that the RTC acted within its jurisdiction in issuing the assailed decision having been expressly clothed with the power to determine the case.10 It also cited Article 247 of the Family Code11 which provided for the final and immediate executory character of the decision of the RTC, acting as a family court, thus, rendering the issue of whether or not Edna had sufficiently established a well-founded belief to warrant the decree of presumptive death of her absent spouse, as moot and academic.
SO ORDERED.7
The OSG argues that the CA erred in not finding grave abuse of discretion on the part of the RTC when the latter affirmed the existence of Edna's well-founded belief as to the death of her absent spouse. It claims that the evidence presented by Edna, which merely consisted of bare and uncorroborated assertions, never amounted to a diligent and serious search required under prevailing jurisprudence.ISSUES
I.
WHETHER OR NOT THE CA ERRED IN AFFIRMING THE RTC DECISION DESPITE THE FACT THAT THE CONCLUSION REACHED BY THE RTC IS CONTRARY TO PREVAILING JURISPRUDENCE.II.
WHETHER OR NOT THE CA ERRED IN RULING THAT THE GROUNDS RAISED BY THE PETITIONER TO ASSAIL THE RTC DECISION ARE MERE ERRORS OF JUDGMENT.12
Despite these claimed "earnest efforts," the Court still ruled against the present spouse. The Court explained that he failed to present the persons from whom he made inquiries and only reported his wife's absence after the OSG filed its notice to dismiss his petition in the RTC.
(1) He went to his in-laws' house to look for her; (2) He sought the barangay captain's aid to locate her; (3) He went to her friends' houses to find her and inquired about her whereabouts among her friends; (4) He went to Manila and worked as a part-time taxi driver to look for her in malls during his free time; (5) He went back to Catbalogan and again looked for her; and (6) He reported her disappearance to the local police station and to the NBI.
The belief of the present spouse must be the result of proper and honest to goodness inquiries and efforts to ascertain the whereabouts of the absent spouse and whether the absent spouse is still alive or is already dead. Whether or not the spouse present acted on a well-founded belief of the death of the absent spouse depends upon inquiries to be drawn from a great many circumstances occurring before and after the disappearance of an absent spouse and the nature and extent of the inquiries made by the present spouse.chanroblesvirtuallawlibraryIn Nolasco, the present spouse filed a petition for declaration of presumptive death of his wife, who had been missing for more than four years. He testified that his efforts to find her consisted of:chanRoblesvirtualLawlibrary
The Court held that the present spouse's methods of investigation were too sketchy to form a basis that his wife was already dead. It stated that the pieces of evidence only proved that his wife had chosen not to communicate with their common acquaintances, and not that she was dead.
(1) Searching for her whenever his ship docked in England; (2) Sending her letters which were all returned to him; and (3) Inquiring from their friends regarding her whereabouts, which all proved fruitless.
Despite her efforts, she averred that she received negative responses from them because none of them had knowledge of the existence of her husband who had been missing for 15 years.
- She took a vacation/leave of absence from her work and returned to the Philippines to look for her husband.
- She inquired from her parents-in-law in Iligan City and from their common friends in the same city and in Valencia City.
- She went as far as the birthplace of her husband in Escalante, Negros Oriental, so she could inquire from her husband's relatives.
xxx that it was in 1993 when the petitioner while abroad heard the news from her children that her husband left their conjugal home xxx without informing the children nor communicating with the herein petitioner as to the reasons why he left their family abode nor giving them any information as to his whereabouts; that herein petitioner took vacation/leave of absence from her work and return to the Philippines, in order to look for her husband and made some inquiries with her parents-in-law in Iligan City, from their common friends in Iligan City and in Valencia City, and even went as far as the birthplace of her husband, particularly at Escalante, Negros Oriental, inquiring from her husband's relatives, but she only got negative response from them since none of them have any knowledge as to the present existence of her husband that since the year 1993 up to the present, a period of about fifteen [15] years have elapsed, the person and the body of petitioner's husband could not be found, located nor traced as there is no any information as to his existence or whereabouts.23Worse, the CA affirmed the RTC decision when it dismissed the petition for certiorari filed by the OSG. The CA should have realized the glaring and patent disregard by the RTC of the rulings in similar situations where petitions for declaration of presumptive death have been denied by this Court. By declaring Romeo presumptively dead, the CA clearly ignored this Court's categorical pronouncements.
Endnotes:
* Designated Acting Member in lieu of Associate Justice Mariano C. Del Castillo, per Special Order No. 2115, dated July 22, 2015.
1Rollo, pp. 27-35. Penned by Associate Justice Edward B. Contreras, with Associate Justices Edgardo T. Lloren and Marie Christine Azcarraga Jacob, concurring.
2 Id. at 36-37.
3 Id. at 48-49. Penned by Judge Centiles Bacal.
4 The Family Code, Art. 41. A marriage contracted by any person during the subsistence of a previous marriage shall be null and void, unless before the celebration of the subsequent marriage, the prior spouse had been absent for four consecutive years and the spouse present had a well-founded belief that the absent spouse was already dead. In case of disappearance where there is danger of death under the circumstances set forth in the provision of Article 391 of the Civil Code, an absence of only two years shall be sufficient.
For the purpose of contracting the subsequent marriage under the preceding paragraph, the spouse present must institute a summary proceeding as provided in this Code for the declaration of presumptive death of the absentee, without prejudice to the effect of reappearance of the absent spouse.
5Rollo, pp. 38-40.
6 Id. at 48-49. Penned by Judge Josefina Gentiles Bacal.
7 Id. at 49.
8 G.R. No. 94053, March 17, 1993, 220 SCRA 20.
9 25 Phil. 71 (1913).
10Rollo, p. 34.
11 The Family Code, Art. 247. The judgment of the court shall be immediately final and executory.
12Rollo, pp. 14-15.
13 Id. at 66-70.
14Republic v. Cantor, G.R. No. 184621, December 10, 2013, <http://sc.judiciary.gov.ph/pdf/web/viewer.html?file=/jurisprudence/2013/december2013/18462l.pdf> (Last visited: April 28, 2015).
15 Id.
16 Id., citing Republic of the Philippines v. Court of Appeals (Tenth Div.), 513 Phil. 391, 397-398 (2005).
17Republic v. Cantor, supra note 14.
18 513 Phil. 391 (2005).
19 G.R. No. 187512, June 13, 2012, 672 SCRA 432, 444-445.
20 Supra note 14.
21Republic v. Cantor, supra note 14, citing Guidangen v. Wooden, G.R. No. 174445, February 15, 2012, 666 SCRA 119, 131.
22 Supra note 14.
23Rollo, pp. 48-49.
LEONEN, J.:
Edna Orcelino-Villanueva (Edna) was a domestic helper based in Singapore. In 1993, she came home immediately after she heard news from her children that her husband, Romeo L. Villanueva (Romeo), left their conjugal dwelling. She came home, leaving her work, for the purpose of looking for her husband and taking care of her children. She had limited resources for her search.
For 15 or 16 years, she endured the absence of her husband. Within those long years, whether in good times or bad, she never heard from him. He did not discharge any of his duties as husband.
In ruling against her and concluding that she did not search hard enough for Romeo, the majority fails to appreciate several crucial facts:ChanRoblesVirtualawlibrary
First, Edna turned away from her livelihood, her modest means of subsistence, just to search for Romeo.
Second, Edna did not only embark on a token search. She did not limit herself to her parents-in-law and to common friends in Iligan City, the place where she and Romeo were married. Edna went all the way to Romeo's birthplace, which was Escalante, Negros Oriental. There, she inquired from Romeo's relatives as to his whereabouts.
Third, 15 or 16 years had passed since Edna was told that Romeo had gone missing when she filed her Petition to declare Romeo presumptively dead. If Edna merely intended to use a petition for declaration of presumptive death as a convenient means for circumventing laws that protect the institution of marriage, it is astounding that she would await the inconvenience of 15 or 16 years.
Edna established a well-founded belief that her husband, Romeo, is already dead.
I vote to sustain the assailed October 18, 2013 Decision1 and January 8, 2014 Resolution2 of the Court of Appeals in CA-G.R. SP No. 03768-MIN, affirming the October 8, 2009 Judgment3 of the Regional Trial Court, Branch 10, Malaybalay City, Bukidnon, declaring Romeo presumptively dead pursuant to Article 41 of the Family Code.
I reiterate the position I articulated in my dissent to Republic of the Philippines v. Cantor.4 I maintain that a strict standard should not be used in evaluating the efforts made by a spouse to ascertain the status and whereabouts of an absent spouse. The marital obligations provided for by the Family Code require the continuing presence of each spouse. A spouse is well to suppose that this shall be resolutely fulfilled by the other spouse. Failure to do so for the period established by law gives rise to the presumption that the absent spouse is dead, thereby enabling the spouse present to remarry.
Article 41 of the Family Code provides:
Art. 41. A marriage contracted by any person during subsistence of a previous marriage shall be null and void, unless before the celebration of the subsequent marriage, the prior spouse had been absent for four consecutive years and the spouse present has a well-founded belief that the absent spouse was already dead. In case of disappearance where there is danger of death under the circumstances set forth in the provisions of Article 391 of the Civil Code, an absence of only two years shall be sufficient.Article 41's requirement of a well-grounded belief calls for an inquiry into a spouse's state of mind.5 Otherwise abstract, one's state of mind can only be ascertained through overt acts.
For the purpose of contracting the subsequent marriage under the preceding paragraph the spouse present must institute a summary proceeding as provided in this Code for the declaration of presumptive death of the absentee, without prejudice to the effect of reappearance of the absent spouse.
The opinions of a recognized authority in civil law, Arturo M. Tolentino, are particularly enlightening:chanRoblesvirtualLawlibraryIt is Romeo who has been absent. In so doing, he is rightly considered to be no longer in a position to perform his marital obligations to Edna. Having been absent for the statutorily prescribed period despite his legal obligations as a married spouse, Romeo should be rightly considered presumptively dead.Meaning of "Absent" Spouse. - The provisions of this article are of American origin, and must be construed in the light of American jurisprudence. An identical provision (except for the period) exists in the California civil code (section 61); California jurisprudence should, therefore, prove enlightening. It has been held in that jurisdiction that, as respects the validity of a husband's subsequent marriage, a presumption as to the death of his first wife cannot be predicated upon an absence resulting from his leaving or deserting her, as it is his duty to keep her advised as to his whereabouts. The spouse who has been left or deserted is the one who is considered as the 'spouse present'; such spouse is not required to ascertain the whereabouts of the deserting spouse, and after the required number of years of absence of the latter, the former may validly remarry.chanroblesvirtuallawlibraryPrecisely, it is a deserting spouse's failure to comply with what is reasonably expected of him/her and to fulfil the responsibilities that are all but normal to a spouse which makes reasonable (i.e., well-grounded) the belief that should he/she fail to manifest his/her presence within a statutorily determined reasonable period, he/she must have been deceased. The law is of the confidence that spouses will in fact "live together, observe mutual love, respect and fidelity, and render mutual help and support" such that it is not the business of the law to assume any other circumstance than that a spouse is deceased in case he/she becomes absent.13
Art. 42. The subsequent marriage referred to in the preceding Article shall be automatically terminated by the recording of the affidavit of reappearance of the absent spouse, unless there is a judgment annulling the previous marriage or declaring it void ab initio.Moreover, in Santos v. Santos,14 we recognized that in cases where a declaration of presumptive death was fraudulently obtained, the subsequent marriage shall not only be terminated, but all other effects of the declaration nullified by a successful petition for annulment of judgment:chanRoblesvirtualLawlibrary
A sworn statement of the fact and circumstances of reappearance shall be recorded in the civil registry of the residence of the parties to the subsequent marriage at the instance of any interested person, with due notice to the spouses of the subsequent marriage and without prejudice to the fact of reappearance being judicially determined in case such fact is disputed.
The proper remedy for a judicial declaration of presumptive death obtained by extrinsic fraud is an action to annul the judgment. An affidavit of reappearance is not the proper remedy when the person declared presumptively dead has never been absent.The majority is gripped with the apprehension that a petition for declaration of presumptive death may be availed of as a dangerous expedient. Nothing, in this case, sustains fear. A misplaced anxiety is all that there is. As things stand, Edna has shown facts that warrant a declaration that Romeo is presumptively dead. Proceeding from these merits, this Petition must be denied.
....
Therefore, for the purpose of not only terminating the subsequent marriage but also of nullifying the effects of the declaration of presumptive death and the subsequent marriage, mere filing of an affidavit of reappearance would not suffice.15
Endnotes:
1Rollo, pp. 27-35. The Decision was penned by Associate Justice Edward B. Contreras and concurred in by Associate Justice Edgardo T. Lloren and Associate Justice Marie Christine Azcarraga Jacob.
2 Id. at 36-37.
3 Id. at 48-49. The Judgment was penned by Judge Josefina Centiles Bacal.
4 J. Leonen, Dissenting Opinion in Republic of the Philippines v. Cantor, G.R. No. 184621, December 10, 2013, 712 SCRA 1, 35-53 [Per J. Brion, En Banc].
5Republic v. Court of Appeals and Alegro, 513 Phil. 391 (2005) [Per J. Callejo, Sr., Second Division].
6J. Leonen, Dissenting Opinion in Republic v. Cantor, G.R. No. 184621, December 10, 2013, 712 SCRA 1, 48 [Per J. Brion, En Banc].
7 Id.
8 Id.
9 Id.
10 Ponencia. p. 5.
11 Id. at 7.
12 FAMILY CODE, art. 68
13 J. Leonen, Dissenting Opinion in Republic v. Cantor, G.R. No. 184621, December 10, 2013, 712 SCRA 1, 51-52 [Per J. Brion, En Banc], citing 1 ARTURO M. TOLENTINO, Commentaries and Jurisprudence on the Civil Code of the Philippines, 281-282 (1990), citing People v. Glab, 13 App. (2d) 528, 57 Pac. (2d) 588 and Harrington Estate, 140 Cal. 244, 73 Pac. 1000; and FAMILY CODE, art. 68.
14 G.R. No. 187061, October 8, 2014, <http;//sc.judiciary.gov.ph/pdf/web/viewer.html?file=/jurisprudence/2014/october2014/187061.pdf> [Per J. Leonen, Second Division].
15 Id. at 1-10.chanroblesvirtuallawlibrary