!"#$%$&' )*%'&+&,$-.

-/ 0+*1"23,$4* )*&,5 /-+ 0"+3-1*1 -/ 6*2&++$&7*

8.,-.$& 8+2&1 |sistei of 2
nu
husbanuj vs. 9&+$*,,& :&'$1,*+$- ; <=>>>?
- Responuent contiacteu 2
nu
maiiiage with Teouoio Calisteiio, without secuiing a couit
ueclaiation that hei 1
st
husbanu, who hau been absent anu whose wheieabouts hau been
unknown foi 11 yeais, was piesumptively ueau. When Teouoio uieu, his sistei Antonia
claimeu that she was the sole heii, consiueiing that the maiiiage between Teouoio anu
iesponuent is voiu foi being bigamous.
- As to the valiuity of a subsequent maiiiage solemnizeu unuei the Civil Coue (baseu on Ait.
8S, CC)
1) v0IB unless 1
st
maiiiage was annulleu oi uissolveu;
2) vALIB if 1
st
spouse was absent foi 7 consecutive yeais at the time of the seconu
maiiiage without the spouse piesent having news of the absentee being alive; if the
absentee, though he has been absent foi less than 7 yeais, is geneially consiueieu as
ueau anu believeu to be so by the spouse piesent at the time of contiacting such
subsequent maiiiage; if the absentee is piesumeu ueau accoiuing to aiticles S9u anu
S91. ("ueemeu valiu until ueclaieu null anu voiu by a competent couit")
- Foi the subsequent maiiiage iefeiieu to in the thiee exceptional cases theiein pioviueu,
to be helu valiu, the spouse piesent so contiacting the latei maiiiage must have uone so in
goou faith. Bau faith impoits a uishonest puipose oi some moial obliquity anu conscious
uoing of wiong it paitakes of the natuie of fiauu, a bieach of a known uuty thiough
some motive of inteiest oi ill will. The Couit uoes not finu these ciicumstances to be heie
extant.
- A juuicial ueclaiation of absence of the absentee spouse is not necessaiy as long as the
piesciibeu peiiou of absence (7 yeais) is met. Responuent's 2
nu
maiiiage, having been
contiacteu uuiing the iegime of the Civil Coue, shoulu thus be ueemeu valiu
notwithstanuing the absence of a juuicial ueclaiation of piesumptive ueath of the 1
st

husbanu (}ames Bounus).
6*3"@'$% 41 A+*7-+$- B-'&1%- |the seaman with Biitish wifej ; <CDDE?
- The iequiiement in Ait. 41 of the FC, that the piesent spouse has a well-founueu belief
that the absent spouse is ueau, was not satisfieu. Nolasco's effoits (seaiching foi hei
whenevei his ship uockeu in Englanu; senuing hei letteis which weie all ietuineu to him;
anu inquiiing fiom theii fiienus iegaiuing hei wheieabouts, which all pioveu fiuitless) to
locate his wife was insufficient anu too sketchy to foim a ieasonable oi well-founueu belief
that she was alieauy ueau. They only pioveu that his wife chose not to communicate with
theii common acquaintances.

8.7*'$,& F&'#*G 41 6*3"@'$% ; <=>>D?
- The iequiiement of "well-founueu belief of absent spouse's ueath" pioviueu in Ait. 41 of
the FC uoes not apply to maiiiages solemnizeu unuei the Civil Coue. Neithei is a juuicial
ueclaiation of piesumptive ueath necessaiy befoie the piesent spouse can contiact a
subsequent maiiiage; because the FC cannot be given ietioactive effect insofai as it will
impaii vesteu iights. In the piesent case, if the FC will be applieu, it will ultimately iesult to
the invaliuation of petitionei's subsequent maiiiage, which was valiu at the time it was
celebiateu. What is only iequiieu unuei the CC is that (1) the foimei spouse hau been
absent foi 7 consecutive yeais at the time of the seconu maiiiage, (2) that the spouse
piesent uoes not know his oi hei foimei spouse to be living, (S) that such foimei spouse is
geneially ieputeu to be ueau anu the spouse piesent so believes at the time of the
celebiation of the maiiiage.
- A juuicial piesumption of ueath, even if final anu executoiy, woulu still be a piima facie
piesumption only. It is foi that ieason that it cannot be the subject of a juuicial
pionouncement oi ueclaiation, if it is the only question oi mattei involveu in a case, oi
upon which a competent couit has to pass. 0nuei the Civil Coue, the piesumption of ueath
is establisheu by law anu no couit ueclaiation is neeueu foi the piesumption to aiise. In the
piesent case, ueath of the foimei husbanu was piesumeu to have taken place on the 7
th

yeai of absence.
6*3"@'$% 41 H*+4*.,$.- I&.7- ; <=>>D?
- Appeal fileu by the Republic is impiopei because unuei Ait. 2SS anu 247 of the FC, actions
fileu unuei Ait. 41 (foi the ueclaiation piesumptive ueath) is a summaiy pioceeuing anu
the juugment theiein shall be immeuiately final anu executoiy. Thus, no appeal can be hau.
The iemeuy is a petition foi ceitioiaii.
- Such petition shoulu be fileu in the Couit of Appeals in accoiuance with the Boctiine of
Bieiaichy of Couits. To be suie, even if the SC's oiiginal juiisuiction to issue a wiit of
ceitioiaii is concuiient with the RTCs anu the Couit of Appeals in ceitain cases, such
concuiience uoes not sanction an uniestiicteu fieeuom of choice of couit foium.

6*3"@'$% 41 A'-+$& J*+2"#*GKL-+$.- ; <=>>M?
- An appellate couit acquiies no juiisuiction to ieview a juugment which, by expiess
piovision of law, is immeuiately final anu executoiy. The iight to appeal is not a natuial
iight noi is it a pait of uue piocess, foi it is meiely a statutoiy piivilege. Since, by expiess
manuate of Aiticle 247 of the Family Coue, all juugments ienueieu in summaiy juuicial
pioceeuings in Family Law (which incluues the piesent action foi ueclaiation foi
piesumptive ueath) aie "immeuiately final anu executoiy", the iight to appeal was not
gianteu to any of the paities theiein.
- Biffeience between having the supposeu appeal uismisseu foi lack of juiisuiction by
viitue of the fact that the RTC #*%$1$-. 1-"75, ,- @* &33*&'*# $1 $22*#$&,*'N /$.&' &.#
*O*%",-+N, anu the uenial of the appeal foi lack of meiit: In the foimei, the supposeu
&33*''** %&. $22*#$&,*'N &1P /-+ ,5* $11"&.%* -/ &. Q.,+N -/ !"#72*., in the RTC,
wheieas, in the lattei, the appellant can still iaise the mattei to the SC on petition foi
ieview anu the RTC juugment cannot be executeu until the SC makes the final
pionouncement.
6*3"@'$% 41 R-'&.#& A+&.&#& ; <=>C=?
- A petition foi ueclaiation of piesumptive ueath of an absent spouse foi the puipose of
contiacting a subsequent maiiiage unuei Aiticle 41 of the Family Coue is a summaiy
pioceeuing as expiessly pioviueu by Ait. 2SS of the FC. Taken togethei, Aiticles 41, 2S8,
247 anu 2SS of the FC pioviue that since a petition foi ueclaiation of piesumptive ueath is
a summaiy pioceeuing, the juugment of the couit theiein shall be immeuiately final anu
executoiy. It is unappeallable anu thus, the iemeuy is a petition foi ceitioiaii.
- Ait. 41 of the Family Coue imposes moie stiingent iequiiements than uoes Aiticle 8S of
the Civil Coue. The Civil Coue piovision meiely iequiies eithei that theie be no news that
the absentee is still alive; oi that the absentee is geneially consiueieu to be ueau anu is
believeu to be so by the spouse piesent, oi is piesumeu ueau unuei Aiticles S9u anu S91 of
the Civil Coue. In compaiison, the Family Coue piovision piesciibes a "well-founueu belief"
that the absentee is alieauy ueau befoie a petition foi ueclaiation of piesumptive ueath can
be gianteu.
- The law uoes not uefine what is meant by a well-giounueu belief. Belief is a state of the
minu oi conuition piompting the uoing of an oveit act. Neveitheless, the belief of the
piesent spouse must be the iesult of piopei anu honest to goouness inquiiies anu effoits to
asceitain the wheieabouts of the absent spouse anu whethei the absent spouse is still alive
oi is alieauy ueau. Whethei oi not the spouse piesent acteu on a well-founueu belief of
ueath of the absent spouse uepenus upon the inquiiies to be uiawn fiom a gieat many
ciicumstances occuiiing befoie anu aftei the uisappeaiance of the absent spouse anu the
natuie anu extent of the inquiiies maue by piesent spouse.
6*3"@'$% 41 9&+$& H* :&.,-+ ; <=>CE?
- Ceitioiaii lies to challenge the uecisions, juugments oi final oiueis of tiial couits in a
summaiy pioceeuing foi the ueclaiation of piesumptive ueath unuei the FC.
- Beclaiation of piesumptive ueath unuei Ait. 41 of the FC imposes a stiictei stanuaiu than
that of Ait. 8S of the Civil Coue. Thus, meie absence of the spouse (even foi such peiiou
iequiieu by the law), lack of any news that such absentee is still alive, failuie to
communicate oi geneial piesumption of absence unuei the Civil Coue woulu not suffice.
This conclusion pioceeus fiom the piemise that Aiticle 41 of the Family Coue places upon
the piesent spouse the buiuen of pioving the auuitional anu moie stiingent iequiiement of
"well-founueu belief"
- The Stiict Stanuaiu Appioach is consistent with the State's policy to piotect anu
stiengthen maiiiage. It is also foi the benefit of the piesent spouse, to piotect himhei
fiom a ciiminal piosecution of bigamy. 0pon the issuance of the uecision ueclaiing hishei
absent spouse piesumptively ueau, the piesent spouse's goou faith in contiacting a seconu
maiiiage is effectively establisheu. The uecision of the competent couit constitutes
sufficient pioof of hishei goou faith anu hishei ciiminal intent in case of iemaiiiage is
effectively negateu.

- coco eii, Septembei 2u14