1) Ludyson Catubag filed a petition to have his missing wife Shanaviv declared presumptively dead under Article 41 of the Family Code.
2) The Republic of the Philippines appealed the trial court and Court of Appeals' rulings granting the petition, arguing Ludyson failed to establish a well-founded belief that his wife was dead.
3) The Supreme Court annulled the lower courts' rulings, denying Ludyson's petition. It found he did not satisfy the diligence required under Article 41 to engender a well-founded belief that his absent wife was dead.
1) Ludyson Catubag filed a petition to have his missing wife Shanaviv declared presumptively dead under Article 41 of the Family Code.
2) The Republic of the Philippines appealed the trial court and Court of Appeals' rulings granting the petition, arguing Ludyson failed to establish a well-founded belief that his wife was dead.
3) The Supreme Court annulled the lower courts' rulings, denying Ludyson's petition. It found he did not satisfy the diligence required under Article 41 to engender a well-founded belief that his absent wife was dead.
1) Ludyson Catubag filed a petition to have his missing wife Shanaviv declared presumptively dead under Article 41 of the Family Code.
2) The Republic of the Philippines appealed the trial court and Court of Appeals' rulings granting the petition, arguing Ludyson failed to establish a well-founded belief that his wife was dead.
3) The Supreme Court annulled the lower courts' rulings, denying Ludyson's petition. It found he did not satisfy the diligence required under Article 41 to engender a well-founded belief that his absent wife was dead.
1) Ludyson Catubag filed a petition to have his missing wife Shanaviv declared presumptively dead under Article 41 of the Family Code.
2) The Republic of the Philippines appealed the trial court and Court of Appeals' rulings granting the petition, arguing Ludyson failed to establish a well-founded belief that his wife was dead.
3) The Supreme Court annulled the lower courts' rulings, denying Ludyson's petition. It found he did not satisfy the diligence required under Article 41 to engender a well-founded belief that his absent wife was dead.
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05 Republic of the Phils. Vs. Ludyson C.
The CA dismissed the petition, ruling that
Catubag Petitioner should have filed a MR with the RTC. The Petitioner filed a MR but the CA G.R. NO. 210580; APRIL 18, 2018 denied the same. PETITIONER: Republic of the Philippines
RESPONDENT: Ludyson Catubag
ISSUE:
(1) Whether the Private Respondent has
FACTS: complied with the requisites of a petition for declaration of presumptive death under Private Respondent Ludyson and Shanaviv Art. 41 of the Family Code. were cohabiting with each other as husband (2) Whether Petitioner’s resort to an appeal to and wife, and had 2 children together. the CA under Rule 65 is proper. In 2001 respondent took work overseas. Meanwhile, Shanaviv stayed behind in the HELD: Philippines to tend to the needs of their NO. children Ludyson and Shanaviv eventually married in There are 4 requisites under Art. 41 that must 2003. The marriage was solemnized by a be complied with for the declaration of Municipal Judge in Rizal, Cagayan. presumptive death to prosper: Sometime in 2006, while Ludyson was 1. The absent spouse has been missing for working abroad, Shanaviv left their house 4 consecutive years, or 2 if such spouse and never returned (Ludyson’s relatives was in danger of death when the took care of the children). disappearance occurred; Ludyson flew back home and proceeded to 2. The present spouse wants to remarry; look for his wife. He inquired with close 3. The present spouse has a well-founded friends and relatives and even travelled as belief that the absentee is dead; and far as Bicol, where he wife was born and 4. The present spouse files for a summary raised, but to no avail. He also searched proceeding for the declaration of various hospitals and funeral parlors, also to presumptive death of the absentee. no avail. Ludyson subsequently sought the help of In this case, Ludyson has complied with the 1st, Bombo Radyo to broadcast the fact of his 2nd, and 4th requisites, nut has not satisfied the wife’s disappearance. 3rd requisite as he has not established a well- In 2012, Ludyson filed a petition with the founded belief that the absentee is dead. Such RTC to have his wife declared presumptively belief must result from diligent efforts to locate dead. the absent spouse, Ludyson failed to establish The RTC granted the petition. his allegations; Petitioner, through the office of the SolGen, He did not present the friends and elevated the case to the CA via Petition for family he claims to have made inquiries Certiorari under Rule 65, contending that to. Ludyson failed to establish a well-founded While he did have a certification from belief that his wife was already dead. Bombo Radyo’s manager, he did not seek help from government agencies Branch 11 and the Resolutions dated like the police or NBI. September 3, 2013 and December 6, 2013 Ludyson’s assertion, uncorroborated by rendered by the Court of Appeals in CA-G.R. S.P. evidence, falls short of the diligence No. 131269 are hereby ANNULED and SET required to engender a well-founded ASIDE. Consequently, the petition of private belief that the absentee is dead. respondent Ludyson C. Catubag to have his wife, Shanaviv G. Alvarez Catubag, declared YES. presumptively dead is DENIED. SO ORDERED. The nature of the proceeding determines the appropriate remedy or remedies available. Under Art. 41 of the Family Code, a petition for declaration of presumptive death is a summary proceeding. Art 253 of the same Code likewise characterizes proceedings under Art. 41 as summary proceedings. As a consequence of this summary nature, parties cannot seek reconsideration, nor appeal decision in summary judicial proceedings under the Family Code because these judgments are immediately final and executory by express mandate of law. However, parties may challenge the decision in such proceedings through a petition for certiorari to question grave abuse of discretion amounting to lack of jurisdiction. As previously held by the Court in Republic vs. Sareňogon, Jr., in a summary proceeding for the declaration for presumptive death, if a party is aggrieved by the decision of the RTC, then a Petition for Certiorari under Rule 65 should be filed with the CA. any subsequent decision by the CA may be elevated to the SC via Petition for Review on Certiorari under Rule 45.
SC Decision:
WHEREFORE the petition is GRANTED.
Accordingly, the Decision dated May 23, 2013 of the Regional Trial Court of Tuao, Cagayan,