Quinajon, Elieann Mae P.

Republic V. Nolasco
[Void Marriage]
G.R. No. 94053 March 17, 1993
REPUBLIC OF THE PHILIPPINES, petitioner,
vs.
GREGORIO NOLASCO, respondent.
The Solicitor General for plaintiff-appellee.
Warloo G. Cardenal for respondent.
Ponente: FELICIANO, J.

Facts:

Respondent Nolasco, a seaman, met his wife Janet Monica at a bar in England during one of his ships
port calls. From that then on, Janet Monica lived at Nolascos ship for 6 months and returned to
respondents hometown on San Jose, Antique after his contract expired and contracted marriage on
January 15, 1982 thereafter. Respondent received another seamans contract enabling him to sail the
seas again leaving his wife with her parents in San Jose, Antique. In January 1983, respondent received a
letter from his mother in which it is written that her wife had given birth to their son and that Janet
Monica had left Antique. Respondent claimed that he immediately asked permission to leave the ship
and return home. He arrived in Antique on November 1983. He testified that he exerted fruitless effort
on to finding his wife where he sent letters addressed to Liverpool, Englands bar where he and her wife
first met but letters were all returned to him. He also testified that he inquired among friends but they
too have no news about his wifes whereabouts.

Thus, the petition, praying for the declaration of presumptive death invoking Article 41 of the Family
Code or declaration of the marriage to be null and void was filed by the herein respondent.

Trial Court granted petitioners petition on October 1988 but republic appealed and contends that the
Nolasco failed to show a well-founded belief that his wife is already dead.

Issue:

Whether or not Nolasco has a well-founded belief that his wife is already dead and whether the petition
is of the proper ground for the declaration of presumptive death.

Decision:

No. The Court held that defendant had not exercised due diligence to ascertain the whereabouts of his
first wife and that there is questions to the credibility of the respondents testimonial, Wherein:
 1. Despite the respondents knowledge of his wife departure, he secured another seamans
contract and went to London instead of seeking help of local authorities of British Embassy.
2. Respondent admits that the only basis of his suspicion was the fact his wife had been absent
3. Respondent claiming that he had mistaken Liverpool and London casts doubts on his supposed
effort to locate his wife
4. The returned letters which was supposed to be an evidence was said to be lost by respondent
due to unspecified circumstances
5. The alleged immediate action of the respondent to go back to Antique after learning of his wife
departure was questioned by the gap of 9 months before his arrival to his hometown (January-
November 1983)
6. Respondent failed to explain as of why he did not seek the help of police and other authorities
in London to find his wife
7. Respondent did not identify the friends whom he asked of his wife whereabouts and lead court
to the conclusion that his wife had chosen not to communicate with him.

Thus, respondent failed to establish that he had the well-founded belief required by law that his absent
wife was already dead that would sustain the issuance of a court order declaring Janet Monica Parker
presumptively dead. Wherefore, Janet Monica Parker presumptively dead is hereby REVERSED and both
Decisions are hereby NULLIFIED and SET ASIDE.