Republic of the Philippines

Supreme Court of the Philippines

IN THE REGIONAL TRIAL COURT
Branch 14
1st Judicial Region
Urdaneta City, Pangasinan

IN RE: SUMMARY PETITION FOR Special Proceeding Case No. ___

DECLARATION OF THE PRESUMPTIVE
DEATH OF BYRON CORPUZ CLARO
UNDER ARTICLE 41 OF THE FAMILY
CODE,

NOREEN TAMASE CLARO

Petitioner,

PETITION

COMES NOW, the petitioner through counsel, unto the Honorable

Court, most respectfully allege that:

1). The petitioner is of legal age, married to Byron Corpuz Claro,

Filipino citizen and residing at 66 Second St., Veterans Village,
Pasong Tamo, Quezon City, Philippines for twenty (20) years
already and whereat she can be served with notice and other
processes of this Honorable Court;

2). Petitioner married BYRON CORPUZ CLARO on December 10,

2014 at the Iglesia Ni Cristo Chapel, Batasan Hills, Quezon City;
during such marriage, a daughter was born to them on October 25,
2015;
Attached are copies of Certificate of Marriage and Certificate of
Live Birth, marked as Annexes “A” and “B” respectively.

3). After their marriage, they established their conjugal home at 66

Second St., Veterans Village, Pasong Tamo, Quezon City;

4). During the cohabitation, BYRON CORPUZ CLARO was

employed as Seaman owned by Bernhard Schulte
Shipmanagement Corporation, with office address in the
Philippines at BSM House, 1965 Leon Guinto St, Malate, Manila,
1004;

5). On November 16, 2018, BYRON CORPUZ CLARO was boarded

on PACIFIC HONGKONG bound to the Amazon River, Manaus
Brazil together with the other eighteen (18) other crew members
and the ship Captain;

6). At around 10:00 in the evening same day, Ms. Karen David
Pasquin, officer of the BSM Corp. informed petitioner about the ill-
fated incident of the ship where they lost communication after 8
hours of voyage and found the ship to have suffered shipwreck and
sank in the Amazon River which lies in the stretch of Manaus
Brazil, South America;

7). A search and rescue operations were conducted by the US

Coast Guard, Philippine Navy, Philippine Air Force together with
the other ships of the BSM Shipmanagement Corporation but
only remains of 6 bodies were recovered out of 18 and none of said
belongs to BYRON CORPUZ CLARO;
 8). After one week of continues search and rescue operations, the
rescue teams decided to suspend the search due to typhoon Pretty
that brought heavy torrential rains and destructive waves and
subsequently terminated the operations, all efforts prove futile;

9). Petitioner and her family then made a nine-day prayer to pay
tribute for the death of BYRON CORPUZ CLARO in their conjugal
dwelling;

10). On January 25, 2019, petitioner and their 3 years old child
moved to Camantiles, Urdaneta City Pangasinan as the loss was
too much for her to bear;

11). She also needed family’s support at that time, however, she
was hoping to hear news of her husband and was in constant
communication with her in-laws in Veterans Village, Pasong Tamo,
Quezon City and that of the officers and or representatives of BSM
Corp.;

12). Petitioner exerted efforts to find respondent including the

posting in public places of a bulletin and publication of the same
bulletin in an local news paper in Manaus Brazil inviting the public
to give any information if happen to know the whereabouts of
BYRON CORPUZ CLARO however, despite diligent efforts exerted
to locate said respondent, none of these is availing;

13). Years passed and nothing was heard of her husband, it is now
petitioner’s strong well-founded belief and honest feeling that her
husband did not survived the ill-fated sinking of PACIFIC
HONGKONG;

14). It is almost TEN (10) years to date since the disappearance of

the petitioner’s husband under extra-ordinary circumstances;
Hence, this instant petition for purposes of subsequent marriage
pursuant to Art 41 of the Family Code ;

15). Petitioner is now intending to enter into a subsequent

marriage if her petition would approved by the Honorable Court.

WHEREFORE, premises considered, it is most respectfully prayed

of this Honorable Court that, after due notice and hearing, to grant the
instant petition, by declaring BYRON CORPUZ CLARO PRESUMPTIVELY
DEAD and declaring the vinculum matrimony between him and the
petitioner to be legally severed, thereby enabling her to remarry.

Petitioner further prays for such other orders and reliefs just and
equitable under the foregoing premises.
Urdaneta City,Pangasinan, Philippines, October 02, 2029.

BEA MARIE C. ALONZO

Counsel for the Petitioner Rm. 210 Moreno Building,
No. 8 Amorsolo St., Urdaneta City, Pangasinan
PHIL. BAR ROLL NO. 36530
PTR NO. A‐7279012/01‐19‐06/Q.C. IBP NO. 645906/01‐19‐06/Q.C.
MCLE Compliance Cert. No. 12345678 (Verification with Certification of
Non‐Forum Shopping)
 VERIFICATION/CERTIFICATION AGAINST
FORUM SHOPPING

REPUBLIC OF THE PHILIPPINES )

URDANETA CITY
PANGASINAN )S.S.

I, NOREEN TAMASE CLARO, of legal age, married to BYRON CORPUZ

CLARO, Filipino and a resident of 66 Second St., Veterans Village,
Pasong Tamo, Quezon City, after being duly sworn in accordance with
law, depose and say that:

1. I am the petitioner in the above-entitled case for SUMMARY PETITION

FOR DECLARATION OF THE PRESUMPTIVE DEATH OF BYRON
CORPUZ CLARO UNDER ARTICLE 41 OF THE FAMILY CODE;

2. I have caused the preparation and filing of the foregoing complaint;

3. I have read and understood the contents thereof, and the same are
true and correct to the best of my personal knowledge and based on
authentic documents;

4. I have not commenced any other action or proceeding involving the

same issue in the Supreme Court, the Court of Appeals, or the different
divisions thereof, or any other tribunal or agency;

5. To the best of my knowledge, no such action or proceeding is pending

in the Supreme Court, the Court of Appeals, or the different divisions
thereof, or any other tribunal or agency;

6. If I should hereafter learn that a similar action or proceeding has been

filed or pending in the Supreme Court, the Court of Appeals, or the
different divisions thereof, or any other tribunal or agency, I hereby
undertake to inform this Honorable Court of such fact within five (5) days
from such notice.

IN WITNESS WHEREOF, I have hereunto set my signature this 2nd day

of October, 2019 at Urdaneta City, Pangasinan Philippines.

NOREEN TAMASE CLARO

Affiant

SUBSCRIBED and SWORN to before me, this 2nd day of October, 2019
at Urdaneta City, Pangasinan by Robyn Summer T. Calro with his valid
CTC No. 8976500 issued on September 30, 2019 Pasong Tamo, Quezon
City as proof of her identification.
NOTARY PUBLIC

Doc. No. ___________

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