Republic
v. Nolasco
March
17, 1993
Ponente:
Justice Feliciano
PARTIES:
-
Petitioner: Republic of the Philippines
-
Respondent: Gregorio Nolasco
FACTS:
·
Nolasco was a seaman and had met Jane Monica Parker in
a bar in England during one of his ship’s ports calls.
·
Parker lived with Nolasco on his ship for 6 months
until they returned to Nolasco’s hometown of San Jose, Antique on January 15,
1982 à Married in Catholic rites in
San Jose.
·
During the marriage Nolasco was able to secure another
employment contract as a seaman and left Parker to his parents in San Jose à January 1983 Nolasco’s mother informed him that Parker had given birth
to a son, and informed him that Parker had left Antique.
·
November 1983 – Nolasco arrived in Antique.
·
August 5, 1988- Gregorio Nolasco filed a petition for
declaration of presumptive death of his wife Janet Monica Parker (RTC Antique) invoking
Article 41 of the Family Code.
·
Nolasco prayed that his wife be declared presumptively
dear or in alternative, that the marriage be declared null and void.
·
Nolasco’s testimony:
-
His efforts to look for Parker whenever his ship docked
in England proved fruitless; letters sent to Parker’s house in Liverpool and
the bar where she previously worked were returned to him.
-
Also inquired from among friends but they too had no
news of Parker.
-
Stated that he had no other knowledge regarding
Parker’s family background and Parker refused to give him such information even
after they were married.
-
Stated that he did not report the matter of Parker’s
disappearance to the Philippine government authorities.
-
Alicia Nolasco (mother) testified that Parker never
got used to the rural way of life in San Jose.
-
Dec. 22, 1982 – Parker left for England after being
dissuaded by Alicia Nolasco and after giving birth to her son.
·
October 12, 1988 – RTC grated
Nolasco’s petition.
·
Court of Appeals affirmed the decision of the RTC à Stating that Nolasco had sufficiently established a basis to form a
belief that his absent spouse had already died.
·
The Republic of the Philippines opposed the petition
through the Provincial Prosecutor of Antique, the Republic argued:
1. Nolasco did not
possess a “well-founded belief that the absent spouse was already dead.”
2. Nolasco’s
attempt to have his marriage annulled in the same proceeding was a “cunning
attempt” to circumvent the law on marriage.
ISSUE: W/N Nolasco had a
well-founded belief that his wife is already dead.
HOLDING:
·
No.
·
Court considers that the investigation allegedly
conducted by Nolasco is too sketchy to form the basis of a reasonable or well-founded
belief that she was already dead.
·
The degree of diligence required in searching for a
missing spouse was not met.
·
Nolasco did not seek the help of local authorities or
of the British Embassy; instead, he secured another contract and went to London
to find her BUT Nolasco’s testimony showed that he confused London for
Liverpool.
·
CA: The apparent error in naming of places of
destination does not appear to be fatal.
·
Not well taken by the court. London and Liverpool are
around 350 kilometers apart.
·
Neither can the Court accept Nolasco’s claim that he
had inquired from their friends of her whereabouts à did not identify
the names of those friends in his testimony.
·
Nolasco failed to explain the delay of 9 months from
January 1983 (receipt of the letter) to November 1983 when he finally arrived
to San Jose.
·
Did not explain why he did not try to get help from
authorities in London and Liverpool in his effort to find his wife.
DOCTRINE: Marriage as a
special contract.
- Spouses should not be
allowed, by the simple expedient of agreeing to circumvent the policy of the
laws on marriage.
- Since Nolasco failed to
satisfy the clear requirements of the law, his petition for judicial
declaration of presumptive death must be denied.
JUDGMENT:
RTC
and CA decision is REVERSED, both are NULLIFIED and SET ASIDE.
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