CASE TITLE: 

REPUBLIC OF THE PHILIPPINES, petitioner, vs. GREGORIO NOLASCO, respondent

GR no: 94053
Date: March 17, 1993
Digest Maker: Neil P.
Topic: Nullity of Marriage

NATURE OF THE CASE: Petition For The Declaration Of Presumptive Death

SUMMARY: 
Gregorio Nolasco filed a petition to have his wife's death be declared as presumed.The
Republic claims that Nolasco's attempt to have his marriage annulled was a "cunning
endeavor" and that he did not have a "well-founded belief that the missing spouse was already
dead." The Issue here is whether or not Nolasco has a well-founded belief that his wife is
already dead. NO. The court did not allow the petition of respondent. The decision of the SC
is to REVERSE and both Decisions, thus to NULLIFY and SET ASIDE ruling of the lower
courts.

FACTS:
 Respondent Gregorio Nolasco submitted a petition for the declaration of his wife's presumed
death to the RTC of Antique on August 5, 1988.
 The Republic contended that Nolasco did not have a "well-founded belief that the absent
spouse was already dead" and that his attempt to have his marriage annulled concurrently
was a "cunning attempt" to get around the legislation on marriage.
 Respondent Nolasco testified throughout the trial that he was a seaman who met his wife in
England during one of his ship's port visits and that they cohabitated for six months.
 They were wed in Catholic ceremony on January 15, 1982, in San Jose, Antique, by Fr.
Henry van Tilborg inside the San Jose Cathedral.
 Nolasco's mother wrote him a letter sometime in January 1983 notifying him that his wife had
given birth to their son and had left Antique. He immediately requested permission to go back
home, and in November 1983, he arrived in Antique.
 Every time his ship anchored in England, he made an attempt to look for her, but he was
unsuccessful. Additionally, he said that all of the letters he had given to his missing partner in
the bar where he and Janet Monica first met in Liverpool, England, had been returned to him.
 Alicia Nolasco stated that even before she had given birth, her daughter-in-law had indicated
a wish to go back to England. Additionally, Alicia Nolasco asserted that she was unaware of
the missing person's current whereabouts.

ISSUES:
Whether or not Nolasco has a well-founded belief that his wife is already dead.

RATIO:
1. NO. The court did not allow the petition of respondent.
2. The Court found the respondent's justification for not finding Janet Monica—that she
refused to provide any information about her personal history even after she had married
him—to be too convenient.
3. The Court does not have much faith in the respondent's bald claim that he asked their
friends about her whereabouts.
4. The respondent was unable to provide an explanation for why he did not even attempt to
contact the police or other authorities in London and Liverpool to ask for assistance in
finding his wife.

The Court stressed that:

…Marriage is an institution, the maintenance of which in its purity the public is deeply interested. It is a
relationship for life and the parties cannot terminate it at any shorter period by virtue of any contract they
make.
… the basic social institutions of marriage and the family in the preservation of which the State bas the
strongest interest; the public policy here involved is of the most fundamental kind. In Article II, Section
12 of the Constitution there is set forth the following basic state policy: The State recognizes the sanctity
of family life and shall protect and strengthen the family as a basic autonomous social institution

RULING: 
WHEREFORE, the Decision of the Court of Appeals, affirming the trial court's decision
declaring Janet Monica Parker presumptively dead is hereby REVERSED and both Decisions
are hereby NULLIFIED and SET ASIDE.
ARTICLES MENTIONED:
Art. 41 of the Family Code. A marriage contracted by any person during the subsistence of a
previous marriage shall be null and void, unless before the celebration of the subsequent
marriage, the prior spouse had been absent for four consecutive years and the spouse present
had a well-founded belief that the absent spouse was already dead. 
In case of disappearance where there is danger of death under the circumstances set forth in
the provision of Article 391 of the Civil Code, an absence of only two years shall be sufficient.
Family Code of the Philippines in Article 149: The family, being the foundation of the nation, is
a basic social institution which public policy cherishes and protects. Consequently, family
relations are governed by law and no custom, practice or agreement destructive of the family
shall be recognized or given effect.

DOCTRINE:
Marriage is a special contract of permanent union between a man and a woman entered into in
accordance with law for the establishment of conjugal and family life. It is the foundation of the
family and an inviolable social institution whose nature, consequences, and incidents are
governed by law and not subject to stipulation, except that marriage settlements may fix the
property relations during the marriage within the limits provided by this Code

OPINIONS:
Justices Bidin, Davide, Jr., Romero and Melo, concur.
Justice Gutierrez, Jr. J., is on leave.

NOTES: