Republic of the Philippines

Regional Trial Court

National Capital Judicial Region
Branch 23, Manila

IN RE: SUMMARY PETITION SP. Proc No. 231231

FOR DECLARATION OF
PRESUMPTIVE DEATH OF
JUAN PEDRO DELA CRUZ FOR
PURPOSES OF REMARRIAGE
UNDER ARTICLE 41 OF THE
FAMILY CODE,

ANGELICA PERILIO. ISIP,

Petitioner.

PETITION

COMES NOW, the petitioner through the ATTORNEY, unto

the Honorable Court, most respectfully alleges: THAT,

1. The petitioner is of legal age, married, Filipino citizen and

residing at 6742 Manggahan St. Balut, Manila for whereat
she can be served with notice and other processes of this
Honorable Court;

2. Petitioner married RAMIL ISIP on July 1 2000 at the St.

John the Worker Parish at Tondo, Manila; wherein during
such marriage, she begot a son on April 5 2003;

Attached are copies of Certificate of Marriage and

Certificate of Live Birth, marked as Annexes “A” and “B”
respectively.

3. After their marriage, they established their conjugal home

at the current residence of the petitioner;

4. During the cohabitation, RAMIL ISIP was employed as a

Seaman owned by DAGOHOY SHIPPING COMPANY, a
cargo ship with the office address located at the Port Area
in Manila;
5. On December 8, 2010, RAMIL ISIP boarded on the MV
FRANCISCO bound from Manila to Palawan together with
twenty-four (24) other sailors and their ship captain;

6. At around 4 o’clock in the morning the following day, the

owner of the shipping company, Mr. James Kay, informed
the petitioner that they had lost communication with the
ship eight hours prior;

7. A search and rescue operations were conducted by the

Philippine Coast Guard, Philippine Navy, Philippine Air
Force together with the other ships of the Dagohoy
Shipping Company;

8. After a week of continued search and rescue operations,

the rescue teams decided to suspend the search due to
super typhoon Ondoy that brought heavy rains and
destructive waves and subsequently terminated the
operations, all efforts prove futile;

9. Petitioner and her family then made a nine-day prayer to

pay tribute for the death of RAMIL ISIP in their conjugal
dwelling;

10. Petitioner exerted efforts to find respondent including the

posting in public places of a bulletin and publication of the
same bulletin in a tabloid newspaper inviting the public to
give any information if happen to know the whereabouts of
RAMIL ISIP, however, despite diligent efforts exerted to
locate said respondent, none of these is availing;

11. Years passed and nothing was heard of her husband, it is

now petitioner’s strong well-founded belief and honest
feeling that her husband did not survived the ill-fated MV
FRANCISCO;

12. It is almost NINE (9) years to date since the disappearance

of the petitioner’s husband under extra-ordinary
circumstances; Hence, this instant petition for purposes of
subsequent marriage pursuant to Art 41 of the Family
Code which states that

A marriage contracted by any person during

subsistence of a previous marriage shall be null
and void, unless before the celebration of the
subsequent marriage, the prior spouse had been
 absent for four consecutive years and the spouse
present has a well-founded belief that the absent
spouse was already dead. In case of
disappearance where there is danger of death
under the circumstances set forth in the
provisions of Article 391 of the Civil Code, an
absence of only two years shall be sufficient.

13. Petitioner is now intending to enter into a subsequent

marriage if her petition would be approved by the
Honorable Court.

PRAYER

WHEREFORE, premises considered, it is most

respectfully prayed of this Honorable Court that, after due notice
and hearing, to grant the instant petition, by declaring RAMIL ISIP
PRESUMPTIVELY DEAD and declaring the vinculum matrimony
between him and the petitioner to be legally severed, thereby
enabling her to remarry.

Petitioner further prays for such other orders and reliefs

just and equitable under the foregoing premises.

Manila, Philippines, February 15, 2019.

ATTY. PETER PANTO

Counsel for the Petitioner
IBP Lifetime Member (O.R No. 98765/ 10-29-2014)
City of Manila
MCLE Compliance No. IV-01223567/03-20-2013
PTR No. 020089, 01-07-2015
Roll No. 59114
 VERIFICATION/CERTIFICATION

Republic of the Philippines )

City of Manila )Ss.
X........................x

I, ANGELICA PERILIO-ISIP, of legal age, married and

residing at Balut, Manila, after having been sworn in accordance
with law, hereby depose and state:

That I am the petitioner in the above entitled case, have

caused the preparation of the foregoing pleading, have read all
the allegations therein and found the same to be true and correct
of my own personal knowledge, information and other authentic
documents on hand.

That I have not commenced any other action or

proceeding involving the same issues in any other court, tribunal
or quasi-judicial agency; and to the best of my knowledge, no
such action is pending therein.

That if I should thereafter learn that a similar action or

proceeding has been filed or is pending before any other court,
tribunal or quasi-judicial agency, I shall notify the Court within
Five (5) days.

IN WITNESS WHEREOF, I hereunto set my hand this 12

February 2019 at Manila, Philippines.

ANGELICA PERILIO- ISIP

Affiant
CTC No 229898825/
February 12, 2019
Balut, Manila

SUBSCRIBED AND SWORN to before me this February

12, 2019 at Manila, Philippines, Affiant exhibiting to me her
Community Tax Certificate above indicated.

The undersigned certifies that he personally examined the

affiant and that he is satisfied that he voluntarily executed and
understood his complaint-affidavit.
 ATTY. BEN JOLO
Notary Public

Doc. No. __________

Page No. __________

Book No. __________

Series of 2019