26 LUKBAN V.
REPUBLIC (1956) diligent search, the wife was unable to find the
Rule 73 | VENUE AND PROCESS
Ponente J. Bautista Angelo
Summary
1. Petitioner married the person who was presumed to
be dead in this case. She is now filing this petition
so that she may be declared as a widow and be
able to contract a subsequent marriage by virtue of
this presumptive death.
2. Will her petition prosper?
3. The petition will not prosper as the same is not
authorized by law. Petitioner cannot be declared as
a widow as such title depends on the fact of the
actual death of one’s spouse. A presumptive death
is merely just a prima facie case of death and could
not be considered as final unless sufficient proof
has been submitted establishing the fact of death.
Facts
1. (Parties) – Petitioner, Lourdes Lukban in this case
is the widow of a person who is presumed dead who
is named Francisco Chuidian and the respondent in
this case is the Solicitor General, representing the
Republic, opposing petitioner’s action to declare
her husband to be presumed dead and for the latter
to be declared as having no legal impediment to
contract a subsequent marriage.
2. (Antecedents) – Petitioner married Francisco on
December 10, 1933 and on the 27th of the same
year and month, the two had a big argument
resulting in Francisco leaving Lourdes. Despite
missing husband.
3. (Summary of Cause of Action/Issues) –
Petitioner simply wants to be declared a widow of a
husband who is presumed to be dead for the
purpose of contracting another marriage.
Issue
1. WON the petition will prosper.
Held
1. WON the petition will prosper.
NO. A petition for judicial declaration that petitioner’s
husband is presumed to be dead cannot be entertained
because it is not authorized by law. This being unable to
be done, the declaration of one to be a widow because of
a declaration of presumptive death cannot be done as
well. If the fact of death of the husband was sufficiently
proven, the court would not hesitate to declare the wife
as a widow but in this case, the wife was simply using the
presumptive death of her husband as the basis for her
being declared as a widow.
A judicial pronouncement (of the presumptive death of a
spouse), even if final and executory, would still be a
prima facie presumption only and is disputable. It is for
that reason that it cannot be subject of a judicial
pronouncement or declaration.
This case most likely forms a tangent to Section 4 of Rule
73, wherein the Rules of Court expressly provides that
the special proceeding is merely for the purposes of what
happens to the presumptive decedent’s estate, and not
his/her spouse’s declaration as a widow/widower. Do
take note that this case was decided on 1956, and might
not find direct application in the current Rules of Court.
.