Republic vs. Granada [G.R. No.

187512, June 13, 2012] FACTS: In May 1991, Yolanda Cadacio Granada met Cyrus Granada at Sumida Electric Phili ines, an electronics com any in Parana!ue "here #oth "ere then "or$in%& The t"o e'entually %ot married at the Manila City (all on ) March 199)&Their marria%e resulted in the #irth o* their son, Cy#or% +ean Cadacio Granada& Sometime in May 199,, "hen Sumida Electric Phili ines closed do"n, Cyrus "ent to Tai"an to see$ em loyment& Yolanda claimed that *rom that time, she had not recei'ed any communication *rom her hus#and, not"ithstandin% e**orts to locate him& (er #rother testi*ied that he had as$ed the relati'es o* Cyrus re%ardin% the latter-s "herea#outs, to no a'ail& A*ter nine .9/ years o* "aitin%, Yolanda *iled a Petition to ha'e Cyrus declared resum ti'ely dead& The Petition "as ra**led to Presidin% 0ud%e A'elino +emetria o* 1TC 2ranch 34, 5i a City, and "as doc$eted as S & Proc& 6o& 7887984)8&:n ; Fe#ruary 7884, the 1TC rendered a +ecision declarin% Cyrus as resum ti'ely dead& :n 18 March 7884, etitioner 1e u#lic o* the Phili ines, re resented #y the :**ice o* the Solicitor General .:SG/, *iled a Motion *or 1econsideration o* this +ecision& ISS<E: =hether or not Yolanda had *ailed to e>ert earnest e**orts to locate her hus#and and thus *ailed to ro'e her "ell9*ounded #elie* that he "as already dead& 1<5I6G: 2elie* is a state o* the mind or condition rom tin% the doin% o* an o'ert act& It may #e ro'ed #y direct e'idence or circumstantial e'idence "hich may tend, e'en in a sli%ht de%ree, to elucidate the in!uiry or assist to a determination ro#a#ly *ounded in truth& Any *act or circumstance relatin% to the character, ha#its, conditions, attachments, ros erity and o#?ects o* li*e "hich usually control the conduct o* men, and are the moti'es o* their actions, "as, so *ar as it tends to e> lain or characteri@e their disa earance or thro" li%ht on their intentions, com etence AsicBe'idence on the ultimate !uestion o* his death& Petitioner oints out that res ondent Yolanda did not initiate a dili%ent search to locate her a#sent hus#and& =hile her #rother +iosdado Cadacio testi*ied to ha'in% in!uired a#out the "herea#outs o* Cyrus *rom the latter-s relati'es, these relati'es "ere not resented to corro#orate +iosdado-s testimony& In short, res ondent "as alle%edly not dili%ent in her search *or her hus#and& Petitioner ar%ues that i* she "ere, she "ould ha'e sou%ht in*ormation *rom the Tai"anese Consular :**ice or assistance *rom other %o'ernment a%encies in Tai"an or the Phili ines& She could ha'e also utili@ed mass media *or this end, #ut she did not& =orse, she *ailed to e> lain these omissions&