GR 160258; (January, 2005) (Digest)
G.R. No. 160258 ; January 19, 2005
REPUBLIC OF THE PHILIPPINES, petitioner, vs. GLORIA BERMUDEZ-LORINO, respondent.
FACTS
Respondent Gloria Bermudez-Lorino filed a verified petition with the Regional Trial Court (RTC) of San Mateo, Rizal, for the judicial declaration of the presumptive death of her absent spouse, Francisco Lorino, Jr., under Article 41 of the Family Code to remarry. Gloria testified that she left her husband in 1991 due to his violent character and habitual drinking. From their separation until the filing of the petition in 2000, she received no news or communication from him or his relatives despite diligent efforts. The RTC, after summary proceedings and publication, granted the petition in a Decision dated November 7, 2001.
Despite the judgment being immediately final and executory under Article 247 of the Family Code, the Office of the Solicitor General (OSG) filed a Notice of Appeal. The RTC gave due course to the appeal and elevated the records to the Court of Appeals (CA). The CA, treating it as an ordinary appeal, denied the Republic’s appeal on the merits and affirmed the RTC decision. The Republic then filed this petition for review directly with the Supreme Court.
ISSUE
1. Whether the Court of Appeals duly acquired jurisdiction over the appeal from a final and executory RTC judgment in a summary judicial proceeding under the Family Code.
2. Whether the factual and legal bases for a judicial declaration of presumptive death under Article 41 of the Family Code were duly established.
RULING
The Supreme Court denied the petition. On the jurisdictional issue, the Court ruled that the CA did not acquire jurisdiction over the appeal. Under Article 247 of the Family Code, a judgment in a summary judicial proceeding for declaration of presumptive death is immediately final and executory. Therefore, the RTC decision of November 7, 2001, was not appealable. The OSG’s filing of a notice of appeal was erroneous, and the RTC’s act of giving it due course was a grave error. Consequently, the CA should have dismissed the appeal outright for lack of jurisdiction instead of denying it on the merits. A final and executory judgment becomes immutable and unalterable.
Regarding the substantive issue, the Supreme Court found that the factual and legal bases for the declaration were sufficiently established. Gloria presented credible evidence of her spouse’s unexplained absence for over nine years, with no information despite diligent inquiry. This satisfied the requirement of a “well-founded belief” in the absentee’s death under Article 41. The Court emphasized that while the CA’s denial of the appeal reached the correct result, its failure to dismiss for lack of jurisdiction was a reversible error that needed correction for the guidance of the bench and bar.