G.R. No. 94053 March 17, 1993
REPUBLIC OF THE PHILIPPINES, petitioner, vs. GREGORIO NOLASCO, respondent.

FACTS

Respondent Gregorio Nolasco, a seaman, filed a petition before the Regional Trial Court for the declaration of presumptive death of his wife, Janet Monica Parker, a British subject, under Article 41 of the Family Code. He alternatively prayed for the declaration of nullity of their marriage. The Republic of the Philippines opposed the petition, arguing Nolasco did not possess a “well-founded belief” that his spouse was dead and that the nullity plea was a cunning attempt to circumvent marriage laws.
At trial, Nolasco testified he met Parker in a bar in England, lived with her on his ship for six months, and married her in San Jose, Antique, on January 15, 1982. After the marriage, he left for another seafaring contract. In January 1983, while overseas, he received a letter from his mother informing him that Parker had given birth to their son in December 1982 but had left Antique for England on December 22, 1982. Nolasco returned to Antique in November 1983. His efforts to find her included looking for her whenever his ship docked in England and sending letters to the address of the bar where they met, all of which were returned. He did not report her disappearance to Philippine authorities or the British Embassy. He claimed Parker refused to give information about her family background even after marriage.
Nolasco’s mother, Alicia Nolasco, testified that Parker wished to return to England due to difficulty adjusting to rural life, left fifteen days after giving birth, and was given P22,000 for expenses. She had no information on Parker’s whereabouts.
The trial court granted the petition and declared Parker presumptively dead. The Court of Appeals affirmed the decision. The Republic, through the Solicitor-General, appealed to the Supreme Court.

ISSUE

Whether or not respondent Gregorio Nolasco had a well-founded belief that his absent wife, Janet Monica Parker, was already dead, as required under Article 41 of the Family Code for a declaration of presumptive death.

RULING

The Supreme Court REVERSED the decisions of the Court of Appeals and the trial court, and NULLIFIED and SET ASIDE the declaration of presumptive death.
The Court held that Nolasco failed to conduct a search for his missing wife with such diligence as to give rise to a “well-founded belief” that she was dead. The investigation conducted was too sketchy. Instead of seeking help from local authorities or the British Embassy upon learning of her departure, he secured another seaman’s contract and merely looked for her in London (confusing it with Liverpool, cities approximately 350 kilometers apart), which the Court deemed an insufficient and unreasonable search. His claim that Parker refused to give family information was considered too convenient an excuse for his failure to locate her. His bare assertion of inquiring from friends, without specifics, lacked credibility.
The Court emphasized that Article 41 of the Family Code imposes a stricter standard than the old Civil Code provision, requiring a “well-founded belief” of death, not merely absence or lack of news. The State’s policy to protect and strengthen the family as an institution mandates strict compliance with this requirement. Since Nolasco failed to establish the requisite well-founded belief, the petition for declaration of presumptive death could not be granted.