3.
REPUBLIC VS CATUBAG decision is immutable thus cannot be modified in any respect even if it means to correct
G.R. NO. 210580
APRIL 18, 2018
TOPIC: CERTIORARI
PETITIONER: REPUBLIC OF PH
RESPONDENT: LUDYSON CATUBAG
PONENTE: REYES JR
FACTS:
1. Prior to their marriage in 2003, Catubag and Shananiv cohabited as husband and wife. They
have 2 children. In 2001, Catubag worked overseas while Shananiv stayed behind to look
after the children. They married in Rizal, Cagayan and solemnized by the Municipal Judge.
In 2006, Catubag acquired a housing unit in Rio del Grande Subdivision, Cagayan thus
Catubag continued to work overseas and constantly talked to his family.
2. Months later, Catubag was informed that Shananiv left their house and never returned
thus his relatives took care of the children for the meantime. Worried about his children,
he flew back home to attend to them and looked for his wife but to no avail.
3. He even went to Bombo Radyo to broadcast his wife’s disappearance and he also went to
several hospitals and funeral parlors to look for her but ultimately failing. After 7 yrs of
waiting, he filed to declare Shananiv presumptively dead w/c was granted.
4. OSG raised the RTC decision to the CA via Rule 65 contending that Catubag failed to
establish a well-founded belief that his missing wife was already dead. CA dismissed the
OSG’s petition as no MR was filed in the RTC hence was a fatal defect that warranted the
case’s dismissal. OSG filed a MR but was denied hence this appeal to the SC.
5. MAIN ISSUE: WoN Republic’s filing Rule 65 was proper – YES
MAIN RULING
6. The nature of the proceedings determines the appropriate remedies available thus a party
aggrieved by a court action must first correctly determine the nature of the case in order
to properly assail it, w/c in this case is a petition for declaration of presumptive death,
particularly relevant is FC 41/238/253
FC 41. 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.
For the purpose of contracting the subsequent marriage under the preceding paragraph,
the spouse present must institute a summary proceeding as provided in this Code for the
declaration of presumptive death of the absentee, without prejudice to the effect of
reappearance of the absent spouse.
FC 238. Until modified by the Supreme Court, the procedural rules in this Title shall apply
in all cases provided for in this Code requiring summary court proceedings. Such cases
shall be decided in an expeditious manner without regard to technical rules.
FC 253. The foregoing rules in Chapters 2 and 3 hereof shall likewise govern summary
proceedings filed under Articles 41, 51, 69, 73, 96, 124 and 217, insofar as they are
applicable.
7. Consequently, parties cannot seek reconsideration nor appeal in summary judicial
proceedings under FC because the law expressly mandates that decisions made
thereunder are final and executory. It is also settled by law and jurisprudence that a
erroneous conclusions of fact/law.
8. While parties are prohibited to file a MR or appeal, the decision may be challenged via
Rule 65 then if aggrieved file via Rule 45 to the SC. In this case, OSG’s move to resort to
Rule 65 to challenge the RTC’s order declaring Shananiv presumptively dead was proper.
9. SIDE ISSUE: WoN Catubag complied w/ the requisites for this petition - NO
10. Under FC 41, these are the essential requisites for such a petition to prosper:
a. 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 of the Civil Code.
b. the present spouse wishes to remarry.
c. the present spouse has a well-founded belief that the absentee is dead.
d. the present spouse files for a summary proceeding for the declaration of presumptive
death of the absentee.
11. The present spouse had the burden to prove that requisites are present. In this case,
records show that Catubag complied in (a)(b) and (d) thus the only issue herein is (c).
Though there is no definition of what “well-founded belief” constituted, In Republic vs
Orcelino-Villanueva, that such belief must result from diligent efforts to locate the absent
spouse. Such diligence entails an active effort on the part of the present spouse to locate
the missing one as mere absence w/o any attempt to locate.
12. In this case, Catubag first filed a leave of absence from his work in the UAE and returned
to PH search his wife. He proceeded to inquire her whereabouts from their friends,
relatives in Cagayan and Bicol. He even went to Bombo Radyo and also claimed to visit
hospitals and funeral parlors in Tugegarao and nearby municipalities.
13. SC found that Catubag’s efforts fell shot to the degree of diligence required by
jurisprudence
a. He failed to present any friends or relatives to corroborate these inquiries. No
explanation for such omission was given thus failure to present any of the person from
whom inquiries were allegedly made tends belie the claim of a diligent search.
b. Catubag never sought the help of government agencies (i.e. PNP/NBI). It would have
been prudent for him to seek the aid of authorities in searching for his wife thus absent
such efforts no diligence of search can be attributed to him.
c. He only based his “well-founded” belief on bare assertions. Taken as a whole, SC
viewed his efforts as only passive. He could have produced evidence of “earnest-
efforts” w/c he never provided. Only his act to broadcast his search was corroborated
by Bombo Radyo thus the theory that she abandoned her family stands.
14. Spouses may easily circumvent the laws on marriage by simply agreeing that one of them
leave the conjugal abode and never return again. Thus, there is a need for courts to
exercise prudence in evaluating petitions for declaration of presumptive death of an
absent spouse. A lenient approach in applying the standards of diligence required in
establishing a "well-founded belief' would defeat the State's policy in protecting and
strengthening the institution of marriage. Thus, it is clear that Catubag failed to comply w/
all the requisites hence the RTC should have denied his petition
FALLO: WHEREFORE the petition is GRANTED. Accordingly, the Decision dated May 23, 2013
of the Regional Trial Court
of Tuao, Cagayan, Branch 11 and the Resolutions dated September 3, 2013 and December 6,
2013 rendered by the Court of Appeals in CA-G.R. S.P. No. 131269 are hereby ANNULED and
SET ASIDE. Consequently, the petition of private respondent Ludyson C. Catubag to have his
wife, Shanaviv G. Alvarez-Catubag, declared presumptively dead is DENIED.