29. Republic of the Philippines vs. Jose B.

Sareñogon

FACTS:

 In 2008, Jose B. Sareñ ogon, Jr. filed a petition in the Regional Trial Court (RTC) of Ozamiz City Branch 15
to declare his wife, Netchie Sareñ ogon, presumptively dead.
 The RTC set the petition for an initial hearing in 2009 and directed its publication in local newspapers.
 Jose testified that he married Netchie in 1996 but they lived together as husband and wife for only a
month before both went abroad for work.
 He lost contact with Netchie and her whereabouts became unknown, leading him to presume she was
dead.
 Jose's testimony was supported by his brother and Netchie's aunt.
 The RTC ruled in Jose's favor, declaring Netchie presumptively dead for the purpose of remarriage.
 The Republic appealed the RTC's decision to the Court of Appeals (CA).
 The CA dismissed the Republic's appeal, stating that certiorari couldn't be used to correct factual
findings, and upheld the RTC's decision.

ISSUES:

W/N the honorable court of appeals erred on a question of law in its assailed decision because:

1. The honorable court of appeals gravely erred on a question of law in dismissing the republic’s petition
for review on certiorari under Rule 65, on the ground that the proper remedy should have been to
appeal the RTC decision, because immediately final and executory judgments or decisions are not
appealable under the express provision of law.
2. The alleged efforts of respondent in locating his missing wife do not sufficiently support a "well-
founded belief" that respondent’s absent wife is probably dead.

RULING:

 The Republic's petition is considered meritorious.

 A petition for certiorari under Rule 65 is the proper remedy to challenge the RTC's decision in a
summary proceeding for the declaration of presumptive death.
 The RTC's decision on such a matter is immediately final and executory, and the Court of Appeals (CA)
does not have jurisdiction for a notice of appeal.
 Article 238 of the Family Code establishes rules for summary court proceedings in family law, which
apply without regard to technical rules.
 Article 253 specifies the cases covered by these rules, including Article 41, which deals with the
declaration of presumptive death.
 The judgment of the court in a summary proceeding is immediately final and executory, with no appeal
possible, but a petition for certiorari can be filed to question jurisdiction.
 To declare presumptive death under Article 41, the present spouse must show four essential requisites,
including a well-founded belief in the absent spouse's death.
 The "well-founded belief" requires diligent and reasonable efforts to ascertain the absent spouse's
status.
 The Court emphasized a strict standard in such cases to protect the sanctity of marriage.
 In this case, the RTC's finding that Jose met the "well-founded belief" standard was unfounded,
as his efforts did not meet the required level of diligence.
 Therefore, the CA's decision is reversed, and the respondent's petition is dismissed.