Facts:
Remar A. Quiñonez and Lovelyn Uriarte were married on August 16, 1997, and had two children. Remar worked as a security guard in various locations to support his family. In 2001, Lovelyn went on a trip to Manila to visit relatives and maintained regular communication initially. Eventually, communication ceased, and Remar was informed that Lovelyn was living with another man and would not return due to shame. Despite efforts to locate Lovelyn, including travels to Bislig City, Lingig, Surigao del Sur, Metro Manila, Batangas, and Cavite, and consistent communication with her relatives, Remar was unsuccessful. After nearly a decade of searching, Remar petitioned the Regional Trial Court (RTC) to declare Lovelyn presumptively dead to remarry under Article 41 of the Family Code. The RTC declared Lovelyn presumptively dead, a ruling which became final and executory in summary proceedings. The Republic then challenged the RTC’s decision on the grounds of Remar’s alleged insufficiency in establishing a “well-founded belief” of Lovelyn’s death.
Issues:
The legal issue revolved around whether Remar’s efforts to locate his wife constituted a “well-founded belief” of her presumed death as required under Article 41 of the Family Code for the purpose of remarriage.
Court’s Decision:
The Supreme Court disagreed with the lower courts’ rulings and found that Remar’s actions did not satisfy the stringent standard of exerting proper and diligent efforts to locate Lovelyn and therefore did not establish a well-founded belief of her death. The Court highlighted that there was no evidence showing the extent of the search, the identity or testimony of Lovelyn’s relatives Remar communicated with, or any attempt to seek official assistance from authorities in locating her. The Supreme Court granted the Republic’s petition, reversed the CA and RTC’s decisions, and denied Remar’s petition for the declaration of presumptive death of Lovelyn for the purpose of remarriage.
Doctrine:
A “well-founded belief” of the presumptive death of a spouse necessary for remarriage under Article 41 of the Family Code requires proof of diligent and reasonable inquiries and efforts to determine the whereabouts of the absent spouse, with evidence supporting such efforts.
Historical Background:
Article 41 of the Family Code of the Philippines, enacted in 1987 as part of Executive Order No. 209, outlines the legal framework within which a person may have their missing spouse declared presumptively dead for the purpose of remarriage. This family law provision, which expanded upon previous ones in the Civil Code, emphasizes the need to protect the institution of marriage while balancing an individual’s right to seek new matrimonial ties in the event their spouse has been missing under circumstances that lead to a well-founded belief of death. This case exemplifies the application of the Family Code in a modern legal context, where courts must balance individual liberties with societal values, and the reiteration of legal standards for ‘well-founded belief’ in declaring presumptive death.
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