Republic vs CA

FACTS:
 Ormoc City RTC declared Clemente Jomoc, husband of Apolinaria Jamoc presumptively dead on the basis
of the Commissioner’s Report which stated that Clemente left his wife for 9 years
 Trial judge, Judge Madrona, cited Art 41(2) of the FC which provides that the spouse present must
institute summary proceedings for the declaration of presumptive death of the absentee spouse
 The Republic, represented by the OSG sought to appeal the decision. RTC denied it since the OSG failed
to submit a record of appeal.
 OSG filed for appeal to the CA, contending that the declaration of presumptive death of a person under
Article 41 of the Family Code is not a special proceeding or a case of multiple or separate appeals
requiring a record on appeal
CA Ruling: denied the petition
 OSG failed to attach the copy of the RTC’s assailed decision. Nonetheless, CA resolved to look into the
validity/nullity of the decision. (issue: W/N a declaration the presumptive death of the person is a special
proceeding)
 As defined in Sec 3(a), Rule 1 of the Rules of Court, "a civil action is one by which a party sues another
for the enforcement or protection of a right, or the prevention of redress of a wrong" while a special
proceeding under Section 3(c) of the same rule is defined as a remedy by which a party seeks to establish
a status, a right or a particular fact.
o If ordinary action: the period to appeal 15 days from notice of the final decision and must also
file a notice of appeal
o If special action: period to appeal is 30 days and the party appealing must also file a notice of
appeal and a record on appeal
 IN THIS CASE, the declaration of presumptive death is a special proceeding since it doesn’t seek the
enforcement or protection of a right or the prevention or redress of a wrong. Merely seeks to state a
fact or establish a status
o The RTC order was correctly issued since OSG failed to file both the Notice of Appeal and record
on appeal
 OSG insists that the declaration of presumptive death is not a special proceeding. In Rule 109 of the Rules
of Court, is not one of the cases wherein multiple appeals are allowed
ISSUE: W/N declaration of presumptive death is a special proceeding
RULING:

 In Part II of the Revised Rules of Court, the declaration of death is considered as part of those cases which
have special proceedings. Whereas, Art 41 of the FC provides that the declaration of presumptive death
provides that the for the purpose of a subsequent marriage, the spouse present must “institute a
summary proceeding”
 Since the RTC anchored its decision on the FC, it is presumed that Apolinaria’s petition had for its purpose
her desire to contract a valid subsequent marriage
 Because of that, her petition is therefore, a summary proceeding which only requires a Notice of Appeal
 Moreover, the alleged procedural flaw of the petitioner (failure to attach the copy of the RTC’s decision)
is not fatal to the case, for the rules of procedure are not to be applied in a technical sense
 Thus, the CA decision is REVERSED AND SET ASIDE. The case is ordered to be remanded for appropriate
action.