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    141 Republic V Fenol

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    Paolo Bernabe Labaya
    1. The Supreme Court ruled that Leilanie did not establish the well-founded belief required by law that her absent husband Reneto is presumptively dead. 2. The Court clarified that the present spouse must make active efforts to locate the absent spouse through diligent and reasonable inquiries and investigations. 3. The Court found Leilanie's efforts insufficient as she did not inquire with Reneto's relatives, report him missing to police, or seek help from the consulate of the country he worked in.

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    141 Republic V Fenol

    Uploaded by

    Paolo Bernabe Labaya
    21 views1 page
    1. The Supreme Court ruled that Leilanie did not establish the well-founded belief required by law that her absent husband Reneto is presumptively dead. 2. The Court clarified that the present spouse must make active efforts to locate the absent spouse through diligent and reasonable inquiries and investigations. 3. The Court found Leilanie's efforts insufficient as she did not inquire with Reneto's relatives, report him missing to police, or seek help from the consulate of the country he worked in.

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    141 Republic v Fenol

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    1. The Supreme Court ruled that Leilanie did not establish the well-founded belief required by law that her absent husband Reneto is presumptively dead. 2. The Court clarified that the present spouse must make active efforts to locate the absent spouse through diligent and reasonable inquiries and investigations. 3. The Court found Leilanie's efforts insufficient as she did not inquire with Reneto's relatives, report him missing to police, or seek help from the consulate of the country he worked in.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    21 views1 page

    141 Republic V Fenol

    Uploaded by

    Paolo Bernabe Labaya
    1. The Supreme Court ruled that Leilanie did not establish the well-founded belief required by law that her absent husband Reneto is presumptively dead. 2. The Court clarified that the present spouse must make active efforts to locate the absent spouse through diligent and reasonable inquiries and investigations. 3. The Court found Leilanie's efforts insufficient as she did not inquire with Reneto's relatives, report him missing to police, or seek help from the consulate of the country he worked in.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
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    Labaya, Paolo Bernabe E.

    REPUBLIC v. FENOL RATIO:


    June 10, 2020 | J.C. Reyes, J. | Subsequent Marriage; upon reappearance of 1. The SC was not convinced that Leilanie has established the well-
    absent spouse founded belief as required by Article 41 of the Family Code.
    2. As held in Republic v Tampus, the Court clarified the scope and
    PETITIONERS: Republic of the Philippines extent of the present spouse’s duty before a judicial declaration of
    RESPONDENTS: Leilanie dela Cruz Fenol spouse’s presumptive death can be obtained. The court in said case
    DOCTRINE/s: there must be an active effort in locating the absent held that there must be an active effort in locating the absent spouse;
    spouse; that the belief was the result of diligent and reasonable efforts to that the belief was the result of diligent and reasonable efforts to
    locate the absent spouse and that based on these efforts and inquiries, locate the absent spouse and that based on these efforts and inquiries,
    he/she believes that under the circumstances, the absent spouse is he/she believes that under the circumstances, the absent spouse is
    already dead. already dead.
    3. Examining the records, the SC held that the efforts exerted by
    Leilanie were insufficient
    a. She could have asked the neighbors where Reneto’s relatives
    FACTS: reside if they had seen Reneto
    1. Leilanie dela Cruz Fenol married Reneto Suminguit. This union b. She could have presented as witnesses Reneto’s relatives
    resulted to child named Loren Fenol Suminguit. c. She could have reported the matter to the police
    2. Reneto left the conjugal home and went to Manila to apply for work d. She could have reported and asked for help from the
    abroad. Since then, he has not come back to his family and his consulate of the country where Reneto worked
    whereabouts have been unknown for a continuous period of more
    than 8 years. Thus Leilanie filed a petition for declaration of
    presumptive death of her husband. She alleged that she exerted
    earnest efforts to locate Reneto.
    a. She went to Manila and stayed for 7 months
    b. She went to Reneto’s relatives to inquire as to his location
    c. She went abroad to find her husband
    That despite her efforts, Reneto could not have been located.
    3. The RTC declared Reneto as presumptively dead under Article 41 of
    the Family Code. It held that Leilanie was able to establis the well-
    founded belief that Reneto is dead as required by the Family Code
    4. The OSG elevated the matter to the CA which affirmed the ruling of
    the RTC.
    5. Hence, the petition to the SC

    ISSUE/s:
    1. Whether Leilanie was able to establish a well-founde belief that
    Reneto is presumptively dead - NO

    RULING: WHEREFORE, the petition is GRANTED

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