Republic of the Philippines

SUPREME COURT
Manila
SECOND DIVISION

G.R. No. 103047 September 2, 1994

REPUBLIC OF THE PHILIPPINES, petitioner,
vs.
COURT OF APPEALS AND ANGELINA M. CASTRO, respondents.
Parungao, Abesamis, Eleazar & Pulgar Law Offices for private respondent.

PUNO, J.:
The case at bench originated from a petition filed by private respondent Angelina M. Castro in the
Regional Trial Court of Quezon City seeking a judicial declaration of nullity of her marriage to Edwin
F. Cardenas. 1 As ground therefor, Castro claims that no marriage license was ever issued to them prior
to the solemnization of their marriage.

Despite notice, defendant Edwin F. Cardenas failed to file his answer. Consequently, he was
declared in default. Trial proceeded in his absence.
The controlling facts are undisputed:
On June 24, 1970, Angelina M. Castro and Edwin F. Cardenas were married in a civil ceremony
performed by Judge Pablo M. Malvar, City Court Judge of Pasay City. The marriage was celebrated
without the knowledge of Castro's parents. Defendant Cardenas personally attended to the
processing of the documents required for the celebration of the marriage, including the procurement
of the marriage, license. In fact, the marriage contract itself states that marriage license no. 3196182
was issued in the name of the contracting parties on June 24, 1970 in Pasig, Metro Manila.
The couple did not immediately live together as husband and wife since the marriage was unknown
to Castro's parents. Thus, it was only in March 1971, when Castro discovered she was pregnant,
that the couple decided to live together. However, their cohabitation lasted only for four (4) months.
Thereafter, the couple parted ways. On October 19, 1971, Castro gave birth. The baby was adopted
by Castro's brother, with the consent of Cardenas.
The baby is now in the United States. Desiring to follow her daughter, Castro wanted to put in order
her marital status before leaving for the States. She thus consulted a lawyer, Atty. Frumencio E.
Pulgar, regarding the possible annulment of her marriage. Through her lawyer's efforts, they
discovered that there was no marriage license issued to Cardenas prior to the celebration of their
marriage.
As proof, Angelina Castro offered in evidence a certification from the Civil Register of Pasig, Metro
Manila. It reads:

February 20, 1987

TO WHOM IT MAY CONCERN:
This is to certify that the names EDWIN F. CARDENAS and ANGELINA M. CASTRO
who were allegedly married in the Pasay City Court on June 21, 1970 under an
alleged (s)upportive marriage license
no. 3196182 allegedly issued in the municipality on June 20, 1970 cannot be located
as said license no. 3196182 does not appear from our records.
Issued upon request of Mr. Ed Atanacio.
Castro testified that she did not go to the civil registrar of Pasig on or before June 24, 1970 in order
to apply for a license. Neither did she sign any application therefor. She affixed her signature only on
the marriage contract on June 24, 1970 in Pasay City.
The trial court denied the petition. 2 It held that the above certification was inadequate to establish the
alleged non-issuance of a marriage license prior to the celebration of the marriage between the parties. It
ruled that the "inability of the certifying official to locate the marriage license is not conclusive to show that
there was no marriage license issued."

Unsatisfied with the decision, Castro appealed to respondent appellate court. She insisted that the
certification from the local civil registrar sufficiently established the absence of a marriage license.
As stated earlier, respondent appellate court reversed the Decision of the trial court. 3 It declared the
marriage between the contracting parties null and void and directed the Civil Registrar of Pasig to cancel
the subject marriage contract.

Hence this petition for review on certiorari.

Petitioner Republic of the Philippines urges that respondent appellate court erred when it ruled that
the certification issued by the civil registrar that marriage license no. 3196182 was not in their record
adequately proved that no such license was ever issued. Petitioner also faults the respondent court
for relying on the self-serving and uncorroborated testimony of private respondent Castro that she
had no part in the procurement of the subject marriage license. Petitioner thus insists that the
certification and the uncorroborated testimony of private respondent are insufficient to overthrow the
legal presumption regarding the validity of a marriage.
Petitioner also points that in declaring the marriage between the parties as null and void, respondent
appellate court disregarded the presumption that the solemnizing officer, Judge Pablo M. Malvar,
regularly performed his duties when he attested in the marriage contract that marriage license no.
3196182 was duly presented to him before the solemnization of the subject marriage.
The issues, being interrelated, shall be discussed jointly.
The core issue presented by the case at bench is whether or not the documentary and testimonial
evidence presented by private respondent are sufficient to establish that no marriage license was
issued by the Civil Registrar of Pasig prior to the celebration of the marriage of private respondent to
Edwin F. Cardenas.
We affirm the impugned Decision.

At the time the subject marriage was solemnized on June 24, 1970, the law governing marital
relations was the New Civil Code. The law 4 provides that no marriage shall be solemnized without a
marriage license first issued by a local civil registrar. Being one of the essential requisites of a valid
marriage, absence of a license would render the marriage voidab initio. 5

Petitioner posits that the certification of the local civil registrar of due search and inability to find a
record or entry to the effect that marriage license no. 3196182 was issued to the parties is not
adequate to prove its non-issuance.
We hold otherwise. The presentation of such certification in court is sanctioned by Section 29, Rule
132 of the Rules of Court, viz.:
Sec. 29. Proof of lack of record. A written statement signed by an officer having
custody of an official record or by his deputy, that after diligent search, no record or
entry of a specified tenor is found to exist in the records of his office, accompanied by
a certificate as above provided, is admissible as evidence that the records of his
office contain no such record or entry.
The above Rule authorized the custodian of documents to certify that despite diligent search, a
particular document does not exist in his office or that a particular entry of a specified tenor was not
to be found in a register. As custodians of public documents, civil registrars are public officers
charged with the duty, inter alia, of maintaining a register book where they are required to enter all
applications for marriage licenses, including the names of the applicants, the date the marriage
license was issued and such other relevant data. 6
The certification of "due search and inability to find" issued by the civil registrar of Pasig enjoys
probative value, he being the officer charged under the law to keep a record of all data relative to the
issuance of a marriage license. Unaccompanied by any circumstance of suspicion and pursuant to
Section 29, Rule 132 of the Rules of Court, a certificate of "due search and inability to find"
sufficiently proved that his office did not issue marriage license no. 3196182 to the contracting
parties.
The fact that private respondent Castro offered only her testimony in support of her petition is, in
itself, not a ground to deny her petition. The failure to offer any other witness to corroborate her
testimony is mainly due to the peculiar circumstances of the case. It will be remembered that the
subject marriage was a civil ceremony performed by a judge of a city court. The subject marriage is
one of those commonly known as a "secret marriage" a legally non-existent phrase but ordinarily
used to refer to a civil marriage celebrated without the knowledge of the relatives and/or friends of
either or both of the contracting parties. The records show that the marriage between Castro and
Cardenas was initially unknown to the parents of the former.
Surely, the fact that only private respondent Castro testified during the trial cannot be held against
her. Her husband, Edwin F. Cardenas, was duly served with notice of the proceedings and a copy of
the petition. Despite receipt thereof, he chose to ignore the same. For failure to answer, he was
properly declared in default. Private respondent cannot be faulted for her husband's lack of interest
to participate in the proceedings. There was absolutely no evidence on record to show that there
was collusion between private respondent and her husband Cardenas.
It is noteworthy to mention that the finding of the appellate court that the marriage between the
contracting parties is null and void for lack of a marriage license does not discount the fact that
indeed, a spurious marriage license, purporting to be issued by the civil registrar of Pasig, may have
been presented by Cardenas to the solemnizing officer.

In fine, we hold that, under the circumstances of the case, the documentary and testimonial
evidence presented by private respondent Castro sufficiently established the absence of the subject
marriage license.
IN VIEW WHEREOF, the petition is DENIED there being no showing of any reversible error
committed by respondent appellate court.
SO ORDERED.

Republic of the Philippines

SUPREME COURT
Manila
EN BANC
G.R. No. 184621

December 10, 2013

REPUBLIC OF THE PHILIPPINES, Petitioner,

vs.
MARIA FE ESPINOSA CANTOR, Respondent.
DECISION
BRION, J.:
The petition for review on certiorari1 before us assails the decision2 dated August 27, 2008 of the
Court of Appeals (CA) in CA-G.R. SP No. 01558-MIN which affirmed be order3 dated December 15,
2006 of the Regional Trial Court (RTC), Branch 25, Koronadal City, South Cotabato, in SP Proc.
Case No. 313-25, declaring Jerry F. Cantor, respondent Maria Fe Espinosa Cantors husband,
presumptively dead under Article 41 of the Family Code.
The Factual Antecedents
The respondent and Jerry were married on September 20, 1997. They lived together as husband
and wife in their conjugal dwelling in Agan Homes, Koronadal City, South Cotabato. Sometime in
January 1998, the couple had a violent quarrel brought about by: (1) the respondents inability to
reach "sexual climax" whenever she and Jerry would have intimate moments; and (2) Jerrys
expression of animosity toward the respondents father.
After their quarrel, Jerry left their conjugal dwelling and this was the last time that the respondent
ever saw him. Since then, she had not seen, communicated nor heard anything from Jerry or about
his whereabouts.
On May 21, 2002, or more than four (4) years from the time of Jerrys disappearance, the
respondent filed before the RTC a petition4for her husbands declaration of presumptive death,
docketed as SP Proc. Case No. 313-25. She claimed that she had a well-founded belief that Jerry
was already dead. She alleged that she had inquired from her mother-in-law, her brothers-in-law, her
sisters-in-law, as well as her neighbors and friends, but to no avail. In the hopes of finding Jerry, she
also allegedly made it a point to check the patients directory whenever she went to a hospital. All
these earnest efforts, the respondent claimed, proved futile, prompting her to file the petition in court.
The Ruling of the RTC
After due proceedings, the RTC issued an order granting the respondents petition and declaring
Jerry presumptively dead. It concluded that the respondent had a well-founded belief that her
husband was already dead since more than four (4) years had passed without the former receiving
any news about the latter or his whereabouts. The dispositive portion of the order dated December
15, 2006 reads:

WHEREFORE, the Court hereby declares, as it hereby declared that respondent Jerry F. Cantor is
presumptively dead pursuant to Article 41 of the Family Code of the Philippines without prejudice to
the effect of the reappearance of the absent spouse Jerry F. Cantor.5
The Ruling of the CA
The case reached the CA through a petition for certiorari6filed by the petitioner, Republic of the
Philippines, through the Office of the Solicitor General (OSG). In its August 27, 2008 decision, the
CA dismissed the petitioners petition, finding no grave abuse of discretion on the RTCs part, and,
accordingly, fully affirmed the latters order, thus:
WHEREFORE, premises foregoing (sic), the instant petition is hereby DISMISSED and the assailed
Order dated December 15, 2006 declaring Jerry F. Cantor presumptively dead is hereby AFFIRMED
in toto.7
The petitioner brought the matter via a Rule 45 petition before this Court. The Petition The petitioner
contends that certiorari lies to challenge the decisions, judgments or final orders of trial courts in
petitions for declaration of presumptive death of an absent spouse under Rule 41 of the Family
Code. It maintains that although judgments of trial courts in summary judicial proceedings, including
presumptive death cases, are deemed immediately final and executory (hence, not appeal able
under Article 247 of the Family Code), this rule does not mean that they are not subject to review
on certiorari.
The petitioner also posits that the respondent did not have a well-founded belief to justify the
declaration of her husbands presumptive death. It claims that the respondent failed to conduct the
requisite diligent search for her missing husband. Likewise, the petitioner invites this Courts
attention to the attendant circumstances surrounding the case, particularly, the degree of search
conducted and the respondents resultant failure to meet the strict standard under Article 41 of the
Family Code.
The Issues
The petition poses to us the following issues:
(1) Whether certiorari lies to challenge the decisions, judgments or final orders of trial courts in
petitions for declaration of presumptive death of an absent spouse under Article 41 of the Family
Code; and
(2) Whether the respondent had a well-founded belief that Jerry is already dead.
The Courts Ruling
We grant the petition.
a. On the Issue of the Propriety of Certiorari as a Remedy
Courts Judgment in the Judicial
Proceedings for Declaration of
Presumptive Death Is Final and
Executory, Hence, Unappealable

The Family Code was explicit that the courts judgment in summary proceedings, such as the
declaration of presumptive death of an absent spouse under Article 41 of the Family Code, shall be
immediately final and executory.
Article 41,in relation to Article 247, of the Family Code provides:
Art. 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.
Art. 247. The judgment of the court shall be immediately final and executory. [underscores ours]
With the judgment being final, it necessarily follows that it is no longer subject to an appeal, the
dispositions and conclusions therein having become immutable and unalterable not only as against
the parties but even as against the courts.8 Modification of the courts ruling, no matter how
erroneous is no longer permissible. The final and executory nature of this summary proceeding thus
prohibits the resort to appeal. As explained in Republic of the Phils. v. Bermudez-Lorino,9 the right to
appeal is not granted to parties because of the express mandate of Article 247 of the Family Code,
to wit:
In Summary Judicial Proceedings under the Family Code, there is no reglementary period within
which to perfect an appeal, precisely because judgments rendered thereunder, by express provision
of [Article] 247, Family Code, supra, are "immediately final and executory." It was erroneous,
therefore, on the part of the RTCto give due course to the Republics appeal and order the
transmittal of the entire records of the case to the Court of Appeals.
An appellate court acquires no jurisdiction to review a judgment which, by express provision of law,
is immediately final and executory. As we have said in Veloria vs. Comelec, "the right to appeal is
not a natural right nor is it a part of due process, for it is merely a statutory privilege." Since, by
express mandate of Article 247 of the Family Code, all judgments rendered in summary judicial
proceedings in Family Law are "immediately final and executory," the right to appeal was not granted
to any of the parties therein. The Republic of the Philippines, as oppositor in the petition for
declaration of presumptive death, should not be treated differently. It had no right to appeal the RTC
decision of November 7, 2001. [emphases ours; italics supplied]
Certiorari Lies to Challenge the
Decisions, Judgments or Final
Orders of Trial Courts in a Summary
Proceeding for the Declaration of Presumptive
Death Under the Family Code
A losing party in this proceeding, however, is not entirely left without a remedy. While jurisprudence
tells us that no appeal can be made from the trial court's judgment, an aggrieved party may,

nevertheless, file a petition for certiorari under Rule 65 of the Rules of Court to question any abuse
of discretion amounting to lack or excess of jurisdiction that transpired.
As held in Delos Santos v. Rodriguez, et al.,10 the fact that a decision has become final does not
automatically negate the original action of the CA to issue certiorari, prohibition and mandamus in
connection with orders or processes issued by the trial court. Certiorari may be availed of where a
court has acted without or in excess of jurisdiction or with grave abuse of discretion, and where the
ordinary remedy of appeal is not available. Such a procedure finds support in the case of Republic v.
Tango,11 wherein we held that:
This case presents an opportunity for us to settle the rule on appeal of judgments rendered in
summary proceedings under the Family Code and accordingly, refine our previous decisions
thereon.
Article 238 of the Family Code, under Title XI: SUMMARY JUDICIAL PROCEEDINGS IN THE
FAMILY LAW, establishes the rules that govern summary court proceedings in the Family Code:
"ART. 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."
In turn, Article 253 of the Family Code specifies the cases covered by the rules in chapters two and
three of the same title. It states:
"ART. 253. The foregoing rules in Chapters 2and 3 hereof shall likewise govern summary
proceedings filed under Articles 41, 51, 69, 73, 96, 124 and 217, insofar as they are
applicable."(Emphasis supplied.)
In plain text, Article 247 in Chapter 2 of the same title reads:
"ART.247. The judgment of the court shall be immediately final and executory."
By express provision of law, the judgment of the court in a summary proceeding shall be
immediately final and executory. As a matter of course, it follows that no appeal can be had of the
trial court's judgment in a summary proceeding for the declaration of presumptive death of an absent
spouse under Article 41 of the Family Code. It goes without saying, however, that an aggrieved party
may file a petition for certiorari to question abuse of discretion amounting to lack of jurisdiction. Such
petition should be filed in the Court of Appeals in accordance with the Doctrine of Hierarchy of
Courts. To be sure, even if the Court's original jurisdiction to issue a writ of certiorari is concurrent
with the RTCs and the Court of Appeals in certain cases, such concurrence does not sanction an
unrestricted freedom of choice of court forum. [emphasis ours]
Viewed in this light, we find that the petitioners resort to certiorari under Rule 65 of the Rules of
Court to question the RTCs order declaring Jerry presumptively dead was proper.
b. On the Issue of the Existence of Well-Founded Belief
The Essential Requisites for the
Declaration of Presumptive Death
Under Article 41 of the Family Code

Before a judicial declaration of presumptive death can be obtained, it must be shown that the prior
spouse had been absent for four consecutive years and the present spouse had a well-founded
belief that the prior spouse was already dead. Under Article 41 of the Family Code, there are four (4)
essential requisites for the declaration of presumptive death:
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.12
The Present Spouse Has the Burden
of Proof to Show that All the
Requisites Under Article 41 of the
Family Code Are Present
The burden of proof rests on the present spouse to show that all the requisites under Article 41 of
the Family Code are present. Since it is the present spouse who, for purposes of declaration of
presumptive death, substantially asserts the affirmative of the issue, it stands to reason that the
burden of proof lies with him/her. He who alleges a fact has the burden of proving it and mere
allegation is not evidence.13
Declaration of Presumptive Death
Under Article 41 of the Family Code
Imposes a Stricter Standard
Notably, Article 41 of the Family Code, compared to the old provision of the Civil Code which it
superseded, imposes a stricter standard. It requires a "well-founded belief " that the absentee is
already dead before a petition for declaration of presumptive death can be granted. We have had
occasion to make the same observation in Republic v. Nolasco,14 where we noted the crucial
differences between Article 41 of the Family Code and Article 83 of the Civil Code, to wit:
Under Article 41, the time required for the presumption to arise has been shortened to four (4) years;
however, there is need for a judicial declaration of presumptive death to enable the spouse present
to remarry. Also, Article 41 of the Family Code imposes a stricter standard than the Civil Code:
Article 83 of the Civil Code merely requires either that there be no news that such absentee is still
alive; or the absentee is generally considered to be dead and believed to be so by the spouse
present, or is presumed dead under Articles 390 and 391 of the Civil Code. The Family Code, upon
the other hand, prescribes as "well founded belief" that the absentee is already dead before a
petition for declaration of presumptive death can be granted.
Thus, mere absence of the spouse (even for such period required by the law), lack of any news that
such absentee is still alive, failure to communicate or general presumption of absence under the
Civil Code would not suffice. This conclusion proceeds from the premise that Article 41 of 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 showing of proper and

honest-to-goodness inquiries and efforts to ascertain not only the absent spouses whereabouts but,
more importantly, that the absent spouse is still alive or is already dead.15
The Requirement of Well-Founded Belief
The law did not define what is meant by "well-founded belief." It depends upon the circumstances of
each particular case. Its determination, so to speak, remains on a case-to-case basis. To be able to
comply with this requirement, 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 spouseis already
dead. It requires exertion of active effort (not a mere passive one).
To illustrate this degree of "diligent and reasonable search" required by the law, an analysis of the
following relevant cases is warranted:
i. Republic of the Philippines v. Court of Appeals (Tenth Div.)16
In Republic of the Philippines v. Court of Appeals (Tenth Div.),17 the Court ruled that the present
spouse failed to prove that he had a well-founded belief that his absent spouse was already dead
before he filed his petition. His efforts to locate his absent wife allegedly consisted of the following:
(1) He went to his in-laws house to look for her;
(2) He sought the barangay captains aid to locate her;
(3) He went to her friends houses to find her and inquired about her whereabouts among his friends;
(4) He went to Manila and worked as a part-time taxi driver to look for her in malls during his free
time;
(5) He went back to Catbalogan and again looked for her; and
(6) He reported her disappearance to the local police station and to the NBI.
Despite these alleged "earnest efforts," the Court still ruled against the present spouse. The Court
found that he failed to present the persons from whom he allegedly made inquiries and only reported
his wifes absence after the OSG filed its notice to dismiss his petition in the RTC.
The Court also provided the following criteria for determining the existence of a "well-founded belief"
under Article 41 of the Family Code:
The belief of the present spouse must be the result of proper and honest to goodness inquiries and
efforts to ascertain the whereabouts of the absent spouse and whether the absent spouse is still
alive or is already dead. Whether or not the spouse present acted on a well-founded belief of death
of the absent spouse depends upon the inquiries to be drawn from a great many circumstances
occurring before and after the disappearance of the absent spouse and the nature and extent of the
inquiries made by [the] present spouse.18
ii. Republic v. Granada19

Similarly in Granada, the Court ruled that the absent spouse failed to prove her "well-founded belief"
that her absent spouse was already dead prior to her filing of the petition. In this case, the present
spouse alleged that her brother had made inquiries from their relatives regarding the absent
spouses whereabouts. The present spouse did not report to the police nor seek the aid of the mass
media. Applying the standards in Republic of the Philippines v. Court of Appeals (Tenth Div.),20 the
Court ruled against the present spouse, as follows:
Applying the foregoing standards to the present case, petitioner points out that respondent Yolanda
did not initiate a diligent search to locate her absent husband. While her brother Diosdado Cadacio
testified to having inquiredabout the whereabouts of Cyrus from the latters relatives, these relatives
were not presented to corroborate Diosdados testimony. In short, respondent was allegedly not
diligent in her search for her husband. Petitioner argues that if she were, she would have sought
information from the Taiwanese Consular Office or assistance from other government agencies in
Taiwan or the Philippines. She could have also utilized mass media for this end, but she did not.
Worse, she failed to explain these omissions.
iii.Republic v. Nolasco21
In Nolasco, the present spouse filed a petition for declaration of presumptive death of his wife, who
had been missing for more than four years. He testified that his efforts to find her consisted of:
(1) Searching for her whenever his ship docked in England;
(2) Sending her letters which were all returned to him; and
(3) Inquiring from their friends regarding her whereabouts, which all proved fruitless. The Court ruled
that the present spouses investigations were too sketchy to form a basis that his wife was already
dead and ruled that the pieces of evidence only proved that his wife had chosen not to communicate
with their common acquaintances, and not that she was dead.
iv.The present case
In the case at bar, the respondents "well-founded belief" was anchored on her alleged "earnest
efforts" to locate Jerry, which consisted of the following:
(1) She made inquiries about Jerrys whereabouts from her in-laws, neighbors and friends; and
(2) Whenever she went to a hospital, she saw to it that she looked through the patients directory,
hoping to find Jerry.
These efforts, however, fell short of the "stringent standard" and degree of diligence required by
jurisprudence for the following reasons:
First, the respondent did not actively look for her missing husband. It can be inferred from the
records that her hospital visits and her consequent checking of the patients directory therein were
unintentional. She did not purposely undertake a diligent search for her husband as her hospital
visits were not planned nor primarily directed to look for him. This Court thus considers these
attempts insufficient to engender a belief that her husband is dead.
Second, she did not report Jerrys absence to the police nor did she seek the aid of the authorities to
look for him. While a finding of well-founded belief varies with the nature of the situation in which the

present spouse is placed, under present conditions, we find it proper and prudent for a present
spouse, whose spouse had been missing, to seek the aid of the authorities or, at the very least,
report his/her absence to the police.
Third, she did not present as witnesses Jerrys relatives or their neighbors and friends, who can
corroborate her efforts to locate Jerry. Worse, these persons, from whom she allegedly made
inquiries, were not even named. As held in Nolasco, the present spouses bare assertion that he
inquired from his friends about his absent spouses whereabouts is insufficient as the names of the
friends from whom he made inquiries were not identified in the testimony nor presented as
witnesses.
Lastly, there was no other corroborative evidence to support the respondents claim that she
conducted a diligent search. Neither was there supporting evidence proving that she had a wellfounded belief other than her bare claims that she inquired from her friends and in-laws about her
husbands whereabouts. In sum, the Court is of the view that the respondent merely engaged in a
"passive search" where she relied on uncorroborated inquiries from her in-laws, neighbors and
friends. She failed to conduct a diligent search because her alleged efforts are insufficient to form a
well-founded belief that her husband was already dead. As held in Republic of the Philippines v.
Court of Appeals (Tenth Div.),22 "[w]hether or not the spouse present acted on a well-founded belief
of death of the absent spouse depends upon the inquiries to be drawn from a great many
circumstances occurring before and after the disappearance of the absent spouse and the nature
and extent of the inquiries made by [the] present spouse."
Strict Standard Approach Is
Consistent with the States Policy
to Protect and Strengthen Marriage
In the above-cited cases, the Court, fully aware of the possible collusion of spouses in nullifying their
marriage, has consistently applied the "strict standard" approach. This is to ensure that a petition for
declaration of presumptive death under Article 41 of the Family Code is not used as a tool to
conveniently circumvent the laws. Courts should never allow procedural shortcuts and should ensure
that the stricter standard required by the Family Code is met. In Republic of the Philippines v. Court
of Appeals (Tenth Div.),23 we emphasized that:
In view of the summary nature of proceedings under Article 41 of the Family Code for the declaration
of presumptive death of ones spouse, the degree of due diligence set by this Honorable Court in the
above-mentioned cases in locating the whereabouts of a missing spouse must be strictly complied
with. There have been times when Article 41 of the Family Code had been resorted to by parties
wishing to remarry knowing fully well that their alleged missing spouses are alive and well. It is even
possible that those who cannot have their marriages xxx declared null and void under Article 36 of
the Family Code resort to Article 41 of the Family Code for relief because of the xxx summary nature
of its proceedings.
The application of this stricter standard becomes even more imperative if we consider the States
policy to protect and strengthen the institution of marriage.24 Since marriage serves as the familys
foundation25 and since it is the states policy to protect and strengthen the family as a basic social
institution,26 marriage should not be permitted to be dissolved at the whim of the parties. In
interpreting and applying Article 41, this is the underlying rationale to uphold the sanctity of
marriage. Arroyo, Jr.v. Court of Appeals27 reflected this sentiment when we stressed:

[The]protection of the basic social institutions of marriage and the family in the preservation of which
the State has the strongest interest; the public policy here involved is of the most fundamental kind.
In Article II, Section 12 of the Constitution there is set forth the following basic state policy:
The State recognizes the sanctity of family life and shall protect and strengthen the family as a basic
autonomous social institution.
Strict Standard Prescribed Under
Article 41 of the Family Code
Is for the Present Spouses Benefit
The requisite judicial declaration of presumptive death of the absent spouse (and consequently, the
application of a stringent standard for its issuance) is also for the present spouse's benefit. It is
intended to protect him/her from a criminal prosecution of bigamy under Article 349 of the Revised
Penal Code which might come into play if he/she would prematurely remarry sans the court's
declaration.
Upon the issuance of the decision declaring his/her absent spouse presumptively dead, the present
spouse's good faith in contracting a second marriage is effectively established. The decision of the
competent court constitutes sufficient proof of his/her good faith and his/her criminal intent in case of
remarriage is effectively negated.28 Thus, for purposes of remarriage, it is necessary to strictly
comply with the stringent standard and have the absent spouse judicially declared presumptively
dead.
Final Word
As a final word, it has not escaped this Court's attention that the strict standard required in petitions
for declaration of presumptive death has not been fully observed by the lower courts. We need only
to cite the instances when this Court, on review, has consistently ruled on the sanctity of marriage
and reiterated that anything less than the use of the strict standard necessitates a denial. To rectify
this situation, lower courts are now expressly put on notice of the strict standard this Court requires
in cases under Article 41 of the Family Code.
WHEREFORE, in view of the foregoing, the assailed decision dated August 27, 2008 of the Court of
Appeals, which affirmed the order dated December 15, 2006 of the Regional Trial Court, Branch 25,
Koronadal City, South Cotabato, declaring Jerry F. Cantor presumptively dead is hereby
REVERSED and SET ASIDE.
SO ORDERED.

Republic of the Philippines

SUPREME COURT
Manila
EN BANC

G.R. No. 108763 February 13, 1997

REPUBLIC OF THE PHILIPPINES,
vs.
COURT OF APPEALS and RORIDEL OLAVIANO MOLINA, respondents.

PANGANIBAN, J.:
The Family Code of the Philippines provides an entirely new ground (in addition to those
enumerated in the Civil Code) to assail the validity of a marriage, namely, "psychological
incapacity." Since the Code's effectivity, our courts have been swamped with various
petitions to declare marriages void based on this ground. Although this Court had interpreted
the meaning of psychological incapacity in the recent case of Santos vs. Court of Appeals,
still many judges and lawyers find difficulty in applying said novel provision in specific
cases. In the present case and in the context of the herein assailed Decision of the Court of
Appeals, the Solicitor General has labelled exaggerated to be sure but nonetheless
expressive of his frustration Article 36 as the "most liberal divorce procedure in the
world." Hence, this Court in addition to resolving the present case, finds the need to lay down
specific guidelines in the interpretation and application of Article 36 of the Family Code.
Before us is a petition for review on certiorari under Rule 45 challenging the January 25, 1993
Decision 1of the Court of Appeals 2 in CA-G.R. CV No. 34858 affirming in toto the May 14, 1991
decision of the Regional Trial Court of La Trinidad, 3 Benguet, which declared the marriage of
respondent Roridel Olaviano Molina to Reynaldo Molina void ab initio, on the ground of
"psychological incapacity" under Article 36 of the Family Code.

The Facts
This case was commenced on August 16, 1990 with the filing by respondent Roridel O.
Molina of a verified petition for declaration of nullity of her marriage to Reynaldo Molina.
Essentially, the petition alleged that Roridel and Reynaldo were married on April 14, 1985 at
the San Agustin Church 4 in Manila; that a son, Andre O. Molina was born; that after a year of
marriage, Reynaldo showed signs of "immaturity and irresponsibility" as a husband and a father
since he preferred to spend more time with his peers and friends on whom he squandered his
money; that he depended on his parents for aid and assistance, and was never honest with his
wife in regard to their finances, resulting in frequent quarrels between them; that sometime in
February 1986, Reynaldo was relieved of his job in Manila, and since then Roridel had been the
sole breadwinner of the family; that in October 1986 the couple had a very intense quarrel, as a
result of which their relationship was estranged; that in March 1987, Roridel resigned from her job
in Manila and went to live with her parents in Baguio City; that a few weeks later, Reynaldo left
Roridel and their child, and had since then abandoned them; that Reynaldo had thus shown that
he was psychologically incapable of complying with essential marital obligations and was a highly

immature and habitually quarrel some individual who thought of himself as a king to be served;
and that it would be to the couple's best interest to have their marriage declared null and void in
order to free them from what appeared to be an incompatible marriage from the start.

In his Answer filed on August 28, 1989, Reynaldo admitted that he and Roridel could no
longer live together as husband and wife, but contended that their misunderstandings and
frequent quarrels were due to (1) Roridel's strange behavior of insisting on maintaining her
group of friends even after their marriage; (2) Roridel's refusal to perform some of her marital
duties such as cooking meals; and (3) Roridel's failure to run the household and handle their
finances.
During the pre-trial on October 17, 1990, the following were stipulated:
1. That the parties herein were legally married on April 14, 1985 at the Church
of St. Augustine, Manila;
2. That out of their marriage, a child named Albert Andre Olaviano Molina was
born on July 29, 1986;
3. That the parties are separated-in-fact for more than three years;
4. That petitioner is not asking support for her and her child;
5. That the respondent is not asking for damages;
6. That the common child of the parties is in the custody of the petitioner wife.
Evidence for herein respondent wife consisted of her own testimony and that of her friends
Rosemarie Ventura and Maria Leonora Padilla as well as of Ruth G. Lalas, a social worker,
and of Dr. Teresita Hidalgo-Sison, a psychiatrist of the Baguio General Hospital and Medical
Center. She also submitted documents marked as Exhibits "A" to "E-1." Reynaldo did not
present any evidence as he appeared only during the pre-trial conference.
On May 14, 1991, the trial court rendered judgment declaring the marriage void. The appeal of
petitioner was denied by the Court of Appeals which affirmed in toto the RTC's decision.
Hence, the present recourse.
The Issue
In his petition, the Solicitor General insists that "the Court of Appeals made an erroneous and
incorrect interpretation of the phrase 'psychological incapacity' (as provided under Art. 36 of
the Family Code) and made an incorrect application thereof to the facts of the case," adding
that the appealed Decision tended "to establish in effect the most liberal divorce procedure in
the world which is anathema to our culture."
In denying the Solicitor General's appeal, the respondent Court relied 5 heavily on the trial
court's findings "that the marriage between the parties broke up because of their opposing and
conflicting personalities." Then, it added it sown opinion that "the Civil Code Revision Committee
(hereinafter referred to as Committee) intended to liberalize the application of our civil laws on
personal and family rights. . . ." It concluded that:

As ground for annulment of marriage, We view psychologically incapacity as a

broad range of mental and behavioral conduct on the part of one spouse
indicative of how he or she regards the marital union, his or her personal
relationship with the other spouse, as well as his or her conduct in the long
haul for the attainment of the principal objectives of marriage. If said conduct,
observed and considered as a whole, tends to cause the union to self-destruct
because it defeats the very objectives of marriage, then there is enough reason
to leave the spouses to their individual fates.
In the case at bar, We find that the trial judge committed no indiscretion in
analyzing and deciding the instant case, as it did, hence, We find no cogent
reason to disturb the findings and conclusions thus made.
Respondent, in her Memorandum, adopts these discussions of the Court of Appeals.
The petitioner, on the other hand, argues that "opposing and conflicting personalities" is not
equivalent to psychological incapacity, explaining that such ground "is not simply
the neglect by the parties to the marriage of their responsibilities and duties, but a defect in
their psychological nature which renders them incapable of performing such marital
responsibilities and duties."
The Court's Ruling
The petition is meritorious.
In Leouel Santos vs. Court of Appeals 6 this Court, speaking thru Mr. Justice Jose C. Vitug, ruled
that "psychological incapacity should refer to no less than a mental (nor physical) incapacity . . .
and that (t)here is hardly any doubt that the intendment of the law has been to confine the
meaning of 'psychological incapacity' to the most serious cases of personality disorders clearly
demonstrative of an utter insensitivity or inability to give meaning and significance to the
marriage. This psychologic condition must exist at the time the marriage is celebrated." Citing Dr.
Gerardo Veloso, a former presiding judge of the Metropolitan Marriage Tribunal of the Catholic
Archdiocese of Manila, 7 Justice Vitug wrote that "the psychological incapacity must be
characterized by (a) gravity, (b) juridical antecedence, and (c) incurability."

On the other hand, in the present case, there is no clear showing to us that the psychological
defect spoken of is an incapacity. It appears to us to be more of a "difficulty," if not outright
"refusal" or "neglect" in the performance of some marital obligations. Mere showing of
"irreconciliable differences" and "conflicting personalities" in no wise constitutes
psychological incapacity. It is not enough to prove that the parties failed to meet their
responsibilities and duties as married persons; it is essential that they must be shown to
be incapable of doing so, due to some psychological (nor physical) illness.
The evidence adduced by respondent merely showed that she and her husband could nor get
along with each other. There had been no showing of the gravity of the problem; neither its
juridical antecedence nor its incurability. The expert testimony of Dr. Sison showed no
incurable psychiatric disorder but only incompatibility, not psychological incapacity. Dr.
Sison testified: 8
COURT

Q It is therefore the recommendation of the psychiatrist based

on your findings that it is better for the Court to annul (sic) the
marriage?
A Yes, Your Honor.
Q There is no hope for the marriage?
A There is no hope, the man is also living with another woman.
Q Is it also the stand of the psychiatrist that the parties are
psychologically unfit for each other but they are psychologically
fit with other parties?
A Yes, Your Honor.
Q Neither are they psychologically unfit for their professions?
A Yes, Your Honor.
The Court has no more questions.
In the case of Reynaldo, there is no showing that his alleged personality traits were
constitutive of psychological incapacity existing at the time of marriage celebration. While
some effort was made to prove that there was a failure to fulfill pre-nuptial impressions of
"thoughtfulness and gentleness" on Reynaldo's part of being "conservative, homely and
intelligent" on the part of Roridel, such failure of expectation is nor indicative of antecedent
psychological incapacity. If at all, it merely shows love's temporary blindness to the faults
and blemishes of the beloved.
During its deliberations, the Court decided to go beyond merely ruling on the facts of this
case vis-a-visexisting law and jurisprudence. In view of the novelty of Art. 36 of the Family
Code and the difficulty experienced by many trial courts interpreting and applying it, the
Court decided to invite two amici curiae, namely, the Most Reverend Oscar V. Cruz, 9 Vicar
Judicial (Presiding Judge) of the National Appellate Matrimonial Tribunal of the Catholic Church in
the Philippines, and Justice Ricardo C. Puno, 10 a member of the Family Code Revision
Committee. The Court takes this occasion to thank these friends of the Court for their informative
and interesting discussions during the oral argument on December 3, 1996, which they followed
up with written memoranda.

From their submissions and the Court's own deliberations, the following guidelines in the
interpretation and application of Art. 36 of the Family Code are hereby handed down for the
guidance of the bench and the bar:
(1) The burden of proof to show the nullity of the marriage belongs to the plaintiff. Any doubt
should be resolved in favor of the existence and continuation of the marriage and against its
dissolution and nullity. This is rooted in the fact that both our Constitution and our laws
cherish the validity of marriage and unity of the family. Thus, our Constitution devotes an
entire Article on the Family, 11 recognizing it "as the foundation of the nation." It decrees
marriage as legally "inviolable," thereby protecting it from dissolution at the whim of the parties.
Both the family and marriage are to be "protected" by the state.

The Family Code 12 echoes this constitutional edict on marriage and the family and emphasizes
the permanence, inviolability and solidarity

(2) The root cause of the psychological incapacity must be (a) medically or clinically
identified, (b) alleged in the complaint, (c) sufficiently proven by experts and (d) clearly
explained in the decision. Article 36 of the Family Code requires that the incapacity must be
psychological not physical. although its manifestations and/or symptoms may be physical.
The evidence must convince the court that the parties, or one of them, was mentally or
physically ill to such an extent that the person could not have known the obligations he was
assuming, or knowing them, could not have given valid assumption thereof. Although no
example of such incapacity need be given here so as not to limit the application of the
provision under the principle of ejusdem generis, 13 nevertheless such root cause must be
identified as a psychological illness and its incapacitating nature explained. Expert evidence may
be given qualified psychiatrist and clinical psychologists.

(3) The incapacity must be proven to be existing at "the time of the celebration" of the
marriage. The evidence must show that the illness was existing when the parties exchanged
their "I do's." The manifestation of the illness need not be perceivable at such time, but the
illness itself must have attached at such moment, or prior thereto.
(4) Such incapacity must also be shown to be medically or clinically permanent or incurable.
Such incurability may be absolute or even relative only in regard to the other spouse, not
necessarily absolutely against everyone of the same sex. Furthermore, such incapacity must
be relevant to the assumption of marriage obligations, not necessarily to those not related to
marriage, like the exercise of a profession or employment in a job. Hence, a pediatrician may
be effective in diagnosing illnesses of children and prescribing medicine to cure them but
may not be psychologically capacitated to procreate, bear and raise his/her own children as
an essential obligation of marriage.
(5) Such illness must be grave enough to bring about the disability of the party to assume the
essential obligations of marriage. Thus, "mild characteriological peculiarities, mood changes,
occasional emotional outbursts" cannot be accepted as root causes. The illness must be
shown as downright incapacity or inability, nor a refusal, neglect or difficulty, much less ill
will. In other words, there is a natal or supervening disabling factor in the person, an adverse
integral element in the personality structure that effectively incapacitates the person from
really accepting and thereby complying with the obligations essential to marriage.
(6) The essential marital obligations must be those embraced by Articles 68 up to 71 of the
Family Code as regards the husband and wife as well as Articles 220, 221 and 225 of the
same Code in regard to parents and their children. Such non-complied marital obligation(s)
must also be stated in the petition, proven by evidence and included in the text of the
decision.
(7) Interpretations given by the National Appellate Matrimonial Tribunal of the Catholic
Church in the Philippines, while not controlling or decisive, should be given great respect by
our courts. It is clear that Article 36 was taken by the Family Code Revision Committee from
Canon 1095 of the New Code of Canon Law, which became effective in 1983 and which
provides:
The following are incapable of contracting marriage: Those who are unable to
assume the essential obligations of marriage due to causes of psychological
nature. 14

Since the purpose of including such provision in our Family Code is to harmonize our civil
laws with the religious faith of our people, it stands to reason that to achieve such
harmonization, great persuasive weight should be given to decision of such appellate
tribunal. Ideally subject to our law on evidence what is decreed as canonically invalid
should also be decreed civilly void.
This is one instance where, in view of the evident source and purpose of the Family Code
provision, contemporaneous religious interpretation is to be given persuasive effect. Here,
the State and the Church while remaining independent, separate and apart from each other
shall walk together in synodal cadence towards the same goal of protecting and
cherishing marriage and the family as the inviolable base of the nation.
(8) The trial court must order the prosecuting attorney or fiscal and the Solicitor General to
appear as counsel for the state. No decision shall he handed down unless the Solicitor
General issues a certification, which will be quoted in the decision, briefly staring therein his
reasons for his agreement or opposition, as the case may be, to the petition. The Solicitor
General, along with the prosecuting attorney, shall submit to the court such certification
within fifteen (15) days from the date the case is deemed submitted for resolution of the
court. The Solicitor General shall discharge the equivalent function of the defensor
vinculi contemplated under Canon 1095.
In the instant case and applying Leouel Santos, we have already ruled to grant the petition.
Such ruling becomes even more cogent with the use of the foregoing guidelines.
WHEREFORE, the petition is GRANTED. The assailed Decision is REVERSED and SET ASIDE.
The marriage of Roridel Olaviano to Reynaldo Molina subsists and remains valid.
SO ORDERED.