Dear Atty. Maan,

My sister and her long-time boyfriend got married. Thereafter, shortly after the wedding, the husband asked for permission to work in Manila. Communication between them ceased three months later, and Ronna learned that he was cohabiting with another woman and wouldn't return. Now, after almost 10 years of trying to know about the whereabouts of her husband from their relatives, she wanted to file a Petition for Declaration of Presumptive Death for the purpose of remarriage. Could the petition for the Declaration of Presumptive Death be allowed in their case? Hope you can enlighten us in this matter.

Ria

Dear Ria,

In the case of Republic v Quiñonez, G.R. 237412, 6 January 2020, the Supreme Court ruled against the Declaration of Presumptive Death and stated that the essential requisites for a declaration of presumptive death for the purpose of remarriage are as follows:

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.

To be able to comply with the requirement "well-founded belief" that the absentee is dead, the present spouse must prove that his/her belief was the result of diligent and reasonable efforts and inquiries to locate the absent spouse and that based on these efforts and inquiries, he/she believes that under the circumstances, the absent spouse is already dead.

It requires exertion of active effort (not a mere passive one). Its determination, so to speak, remains on a case-to-case basis.