G.R. No. 214792Republic vs. EstradaMarch 18, 2015Rules Governing Persons Who are Absent

Doctrine:Article 41 of the Family Code states that it is required for a person to be declared presumptively dead after 4 years of absence, in this case, Diego’s more than 30 years of absence is more than enough to declare him presumptively dead for all legal intents and purposes. From the totality of evidence it can be gleaned that Diego had already died due to the prevalence of NPA’s in Malaybalay, Bukidnon.

Facts:Teresita Olembrio filed for Declaration of Absence and Presumption of Death of her husband Diego before the RTC of Malaybalay. She alleged that they married on November 25, 1973 but in December 1976, Diego left and never came back. Diego never communicated with her for the past 32 years and never made contact with any of their children or immediate relatives. She also alleged that she made earnest efforts to reach him but failed.

The RTC granted the petition and declared Diego dead for all legal intents and purposes under Article 41 of the Family Code. The Court of Appeals denied the appeal by the OSG and affirmed the decision of the Regional Trial Court.

Issue:Whether or not Teresita failed to exert sufficient efforts in locating Diego’s whereabouts?

Held&Ruling:No.

In this case, Diego’s more than 30 years of absence is more than enough to declare him presumptively dead for all legal intents and purposes. From the totality of evidence it can be gleaned that Diego had already died due to the prevalence of NPA’s in Malaybalay, Bukidnon