GR 214243; (March, 2016) (Digest)
G.R. No. 214243 . March 16, 2016.
REPUBLIC OF THE PHILIPPINES, PETITIONER, VS. NILDA B. TAMPUS, RESPONDENT.
FACTS
Respondent Nilda B. Tampus married Dante L. Del Mundo on November 29, 1975. Three days later, Dante, a member of the Armed Forces of the Philippines, left for a combat assignment in Jolo, Sulu. The couple had no children. From that day forward, Nilda never heard from Dante again. She alleged that for over thirty-three years, she exerted efforts to locate him by inquiring from his parents, relatives, and neighbors, but all were unaware of his whereabouts.
Nilda filed a petition before the Regional Trial Court (RTC) to have Dante declared presumptively dead under Article 41 of the Family Code to enable her to remarry. The RTC granted the petition, finding the prolonged absence and her inquiries sufficient. The Court of Appeals affirmed the RTC decision, giving credence to Nilda’s efforts and noting that Dante’s combat assignment and the lengthy lapse of time supported a well-founded belief of his death.
ISSUE
Whether the Court of Appeals erred in affirming the declaration of presumptive death, specifically, whether Nilda possessed the required “well-founded belief” that her absent spouse was dead.
RULING
The Supreme Court granted the petition and reversed the lower courts’ rulings. The Court held that Nilda failed to satisfy the stringent requirement of a “well-founded belief” under Article 41 of the Family Code. This legal standard necessitates that the present spouse’s belief is the result of diligent and reasonable efforts to locate the absent spouse and ascertain whether they are alive or dead. Mere absence, lack of communication, or general inquiries are insufficient.
The Court found Nilda’s efforts—limited to asking Dante’s parents, relatives, and neighbors—to be passive and inadequate. She did not undertake active steps such as inquiring with the AFP headquarters regarding his combat mission status, seeking assistance from military authorities, or filing a report with the police. Given that Dante disappeared in a known area of armed conflict, more proactive and exhaustive measures were imperative to form a well-founded belief. Consequently, her evidence fell short of the required degree of due diligence, warranting the denial of her petition for a declaration of presumptive death.