Republic vs.

Bermudez-Lorino Topic: Subsequent marriage, upon reappearance of absent spouse

FACTS: Gloria Bermudez and Francisco Lorino were married in June 1987. The wife was unaware that her husband was a habitual drinker with violent attitude and character and had the propensity to go out with his friends to the point of being unable to work. In 1991 she left him and returned to her parents together with her three children. She went abroad to work for her support her children. From the time she left him, she had no communication with him or his relatives. In 2000, nine years after leaving her husband, Gloria filed a verified petition with the RTC under the rules on Summary Judicial Proceedings in the Family Law. The lower court issued an order for the publication of the petition in a newspaper of general circulation. In November 7, 2001, the RTC granted the summary petition. Although the judgment was final and executors under the provisions of Act. 247 of the Family Code, the OSG for the Republic of the Philippines filed a notice of appeal. ISSUE: Whether or not the factual and legal bases for a judicial declaration of presumptive death under Art 41 of the Family Code were duly established. HELD: Art. 238 of the Family Code under Title XI Summary Judicial Proceeding in the Family Law, sets the tenor for cases scoured by these rules, to wit: 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 proceeding. Such cases shall be decided in an expeditions manner without regards technical rules. The judge of the RTC fully complied with the above-cited provision by expeditiously rending judgment within ninety (90) days after the formal offer of evidence by the petitioner. The Court, therefore, finds in this case grave error on the part of both the RTC and the Court of Appeals. To stress, the Court of Appeals should have dismissed the appeal on ground of lack of jurisdiction, and reiterated the fact that the RTC decision of November 7, 2001 was immediately final and executory. As it were, the Court of Appeals committed grave reversible error when it failed to dismiss the erroneous appeal of the Republic on ground of lack of jurisdiction because, by express provision of law, the judgment was not appealable. Petition Denied.