Persons and Family Relations

Atty. Lydia C. Galas

REPUBLIC v. CATUBAG
GR No. 210580 04/18/18
John Carlo A. Villamor

Facts: Private Respondent Ludyson and Shanaviv were cohabiting with each other as husband
and wife, and had 2 children together.

Ludyson and Shanaviv eventually got married in 2003. The marriage was solemnized by a
Municipal Judge in Rizal, Cagayan. Sometime in 2006, while Ludyson was working abroad,
Shanaviv left their house and never returned. Ludyson’s relatives took care of their children.
Ludyson flew back home and proceeded to look for his wife. He inquired with close friends
and relatives and even travelled as far as Bicol, where his wife was born and raised, but to no
avail. He also searched various hospitals and funeral parlors, also to no avail.

Ludyson subsequently sought the help of Bombo Radyo to broadcast the

fact of his wife’s disappearance. In 2012, Ludyson filed a petition with the RTC to have his
wife declared presumptively dead.

The RTC granted the petition.

Issue: Whether or not the Private Respondent has complied with the requisites of a petition
for declaration of presumptive death under Art. 41 of the Family Code.

Held: NO. There are 4 requisites under Art. 41 that must be complied with for the declaration
of presumptive death to prosper:

1. The absent spouse has been missing for 4 consecutive years, or 2 if such spouse was in
danger of death when the disappearance occurred;
2. The present spouse wants to remarry;
3. The present spouse has a well-founded belief that the absentee is dead; and
4. The present spouse files for a summary proceeding for the declaration of presumptive
death of the absentee.

In this case, Ludyson has complied with the 1st, 2nd, and 4th requisites, nut has not satisfied
the 3rd requisite as he has not established a well-founded belief that the absentee is dead.
Such belief must result from diligent efforts to locate the absent spouse. Ludyson failed to
establish his allegations. He did not present the friends and family he claims to have made
inquiries to. While he did have a certification from Bombo Radyo’s manager, he did not seek
help from government agencies like the police or NBI. Ludyson’s assertion, uncorroborated by
evidence, falls short of the diligence required to engender a well-founded belief that the
absentee is dead.

Wherefore, the petition of private respondent Ludyson C. Catubag to have his wife, Shanaviv
G. Alvarez-Catubag, declared presumptively dead is DENIED.

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