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    Republic v. Sarenogon

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    GenghisKel
    The Supreme Court reversed the decision of the Court of Appeals regarding a man's petition to declare his wife presumptively dead. The man's wife had gone to Hong Kong as a domestic helper and he had not heard from her in three months. However, the Supreme Court found that the man's efforts to locate his missing wife - which consisted only of asking her parents and relatives if they knew where she was - did not meet the stringent standard required to prove a well-founded belief that she was dead. The man was required to conduct diligent inquiries and make honest efforts to both locate his wife and determine if she was still alive or dead, which he failed to do.

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    Republic v. Sarenogon

    Uploaded by

    GenghisKel
    31 views1 page
    The Supreme Court reversed the decision of the Court of Appeals regarding a man's petition to declare his wife presumptively dead. The man's wife had gone to Hong Kong as a domestic helper and he had not heard from her in three months. However, the Supreme Court found that the man's efforts to locate his missing wife - which consisted only of asking her parents and relatives if they knew where she was - did not meet the stringent standard required to prove a well-founded belief that she was dead. The man was required to conduct diligent inquiries and make honest efforts to both locate his wife and determine if she was still alive or dead, which he failed to do.

    Original Title

    129. Republic v. Sarenogon

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    The Supreme Court reversed the decision of the Court of Appeals regarding a man's petition to declare his wife presumptively dead. The man's wife had gone to Hong Kong as a domestic helper and he had not heard from her in three months. However, the Supreme Court found that the man's efforts to locate his missing wife - which consisted only of asking her parents and relatives if they knew where she was - did not meet the stringent standard required to prove a well-founded belief that she was dead. The man was required to conduct diligent inquiries and make honest efforts to both locate his wife and determine if she was still alive or dead, which he failed to do.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    31 views1 page

    Republic v. Sarenogon

    Uploaded by

    GenghisKel
    The Supreme Court reversed the decision of the Court of Appeals regarding a man's petition to declare his wife presumptively dead. The man's wife had gone to Hong Kong as a domestic helper and he had not heard from her in three months. However, the Supreme Court found that the man's efforts to locate his missing wife - which consisted only of asking her parents and relatives if they knew where she was - did not meet the stringent standard required to prove a well-founded belief that she was dead. The man was required to conduct diligent inquiries and make honest efforts to both locate his wife and determine if she was still alive or dead, which he failed to do.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    Republic v.

    Sarenogon
    G.R. No. 199194 February 10, 2016 Ponente: Mariano C. TOPIC:
    Del Castillo Subsequent
    Marriage,
    upon
    reappearance
    of absent
    spouse
    Recit Summary:

    Facts:

    Respondent Sarenogon filed a Petition for the declaration of presumptive death of his wife
    Netchie before the Regional Trial Court (RTC) of Ozamis. Netchie went to Hongkong as a
    domestic helper. For three (3) months, he did not receive any communication from Netchie
    and had no idea of her whereabouts. He tried to contact Netchie’s parents, but failed. He
    likewise inquired from Netchie’s relatives and friends, but they also do not know where she
    was. Because of these, he had to presume that his wife Netchie was already dead. He filed the
    Petition so he could contract another marriage. The RTC held that Jose had established by
    preponderance of evidence that he is entitled to relief prayed for under Article 41 of the Family
    Code. It found that Netchie had disappeared for more than four years, reason enough to
    conclude that his wife was indeed already dead.

    Republic through the Office of the Solicitor General (OSG), elevated the judgment of the RTC
    to the CA, however, it perceived no error to the RTC’s judgment.

    Issue: Dispositive:

    Whether or not the alleged efforts of the WHEREFORE, the Petition is GRANTED.
    respondent to locate his wife sufficiently The decision of the Court of Appeals is
    supports a well-founded belief that his absent REVERSED and SET ASIDE.
    wife is probably dead.
    Held:

    No. The mere absence of the spouse or lack of news that such absentee is still alive, failure to
    communicate by the absentee spouse would not suffice. The Family Code places upon the
    present spouse the burden of proving the additional and more stringent requirement of “well-
    founded belief” which can only be discharged upon a due showing of proper and honest-to-
    goodness inquiries and efforts to ascertain not only the absent spouse’s whereabouts but,
    more importantly, that the absent spouse is either still alive or is already dead.

    If anything, Jose’s pathetically anemic efforts to locate the missing Netchie are notches below
    the required degree of stringent diligence prescribed by jurisprudence. Jose did not call to the
    witness stand specific individuals or persons whom he allegedly saw or met in the course of
    his search for the allegedly missing Netchie. Neither did he prove that he sought the
    assistance of the pertinent government agencies as well as the media.

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