Republic Vs Nolasco (Absalon)
Republic Vs Nolasco (Absalon)
Republic Vs Nolasco (Absalon)
He also stated that all the letters he had sent to his
missing spouse at No. 38 Ravena Road, Allerton,
Liverpool, England, the address of the bar where he
and Janet Monica first met, were all returned to him.
As pointed out by the Solicitor-General, 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.
Respondent naturally asserts that he had complied
with all these requirements.