REPUBLIC VS.

NOLASCO
GR No. 94053 | March 17, 1993
Facts:
1. Respondent Gregoria Nolasco filed before the Antique RTC a petition for the
declaration of presumptive death of his wife Janet Monica Parker. The petition
prayed that respondent’s wife be declared presumptively dead or that the
marriage be null and void.
2. Nolasco testified that he was a seaman and he met Janet Parker (a British
national) in a bar in England. They lived together on the ship for 6 months until
they returned to Nolasco’s hometown of San Jose, Antique after his contract
expired. They got married in San Jose, Antique, in catholic rites.
3. Respondent obtained another employment contract, thus left his wife with his
parents in Antique. He received a letter from his mother informing him that Janet
Parker had given birth to his son and that Janet Parker also left Antique.
Respondent took 9 months before he reached home.
4. He tried to look for his wife every time their ship would dock in England, send
letters, and inquired friends. He did not report Janet Parker’s disappearance to
authorities. Nolasco’s mother testified as a witness that she dissuaded her
daughter-in-law to go home but to no avail. She gave Parker P22,000 for her
journey back to England.
5. RTC granted Nolasco’s petition. CA affirmed. Republic via SolGen filed a
petition for review.

Issue:
W/N Nolasco has a well-founded belief that his wife Janet Monica Parker
is already dead

Ruling:
1. No. The Court believes that respondent Nolasco failed to conduct a search for
his missing wife with such diligence as to give rise to a “well-founded belief” that
she is dead.

There are four (4) requisites for the declaration of presumptive death under
Article 41 of the Family Code:

1. That the absent spouse has been missing for four consecutive years, or two
consecutive years if the disappearance occurred where there is danger of death
under the circumstances laid down in Article 391, Civil Code;

2. That the present spouse wishes to remarry;

3. That the present spouse has a well-founded belief that the absentee is dead;
and
4. That the present spouse files a summary proceeding for the declaration of
presumptive death of the absentee. 

Failed to prove such requisite since the husband, after returning from his
employment, instead of seeking help of local authorities or of the British
embassy, secured another contract to London, a vast city of many millions of
inhabitants, to look for her there.
Nolasco also claimed that his wife refused to give any of her personal
information even after she married Nolasco but the Court viewed it too
convenient an excuse to justify his failure to locate her.

He did not explain why he took him 9 months to finally reached San Jose after he
asked leave from his captain. He refused to identify his friends whom he inquired
from. When the Court asked him about the returned letters, he said he had lost
them. Moreover, while he was in London, he did not even dare to solicit help of
authorities to find his wife.

The circumstances of his wife's departure and his subsequent behaviour make it
very difficult to regard the claimed belief that his wife was dead a well-founded
one.

Ergo, the CA ruling declaring Janet Parker presumptively dead is hereby reversed
and both decisions are hereby nullified and set aside.