GR 161062; (July, 2009) (Digest)
G.R. No. 161062 ; July 31, 2009
Republic of the Philippines, Petitioner, vs. Ferventino U. Tango, Respondent.
FACTS
Respondent Ferventino Tango married Maria Jose Villarba in March 1987. After spending only one night together, Maria and her family left for the United States. Maria maintained contact for about a year before ceasing all communication. Ferventino attempted to locate her by inquiring with her uncle in the Philippines and soliciting help from friends and relatives in the U.S., including a friend in the U.S. Air Force who checked Seattle directories and registrar offices. These efforts over 14 years yielded no information on Maria’s whereabouts.
In 2001, Ferventino filed a petition for the declaration of Maria’s presumptive death under Article 41 of the Family Code. The Regional Trial Court granted the petition. The Republic, through the Office of the Solicitor General, appealed, arguing Ferventino’s testimony regarding the search efforts of others was hearsay and insufficient to establish a “well-founded belief” of death. The Court of Appeals affirmed the RTC’s decision.
ISSUE
The issues are: (1) whether Ferventino’s testimony on the search efforts of his friends and relatives is hearsay, and (2) whether such efforts sufficiently establish a well-founded belief that his absent spouse is dead.
RULING
The Supreme Court denied the petition. On the first issue, the Court held that the Republic waived its right to object to the admissibility of Ferventino’s testimony by failing to raise a timely objection during the trial in the lower court. Objections to evidence cannot be raised for the first time on appeal.
On the substantive issue, the Court ruled that Ferventino had a well-founded belief in Maria’s death. A “well-founded belief” does not require absolute certainty but a reasonable assessment based on diligent efforts to locate the absent spouse. Ferventino’s efforts—spanning 14 years and involving inquiries with relatives and active searches in the U.S., including specific checks in Seattle—constituted a diligent search under the circumstances. His belief was reasonable given the complete lack of communication or information about Maria despite these sustained efforts. The Court emphasized that the state’s interest in preserving marriage is balanced by the need to address prolonged and unexplained absence, which Ferventino’s evidence adequately demonstrated.