The Supreme Court ruled that a spouse seeking a declaration of presumptive death must demonstrate a diligent and active effort to locate the missing spouse, going beyond mere inquiries to family and friends. The court emphasized that a “well-founded belief” in the absentee’s death requires concrete actions, such as contacting authorities or the missing spouse’s employer, especially in high-risk professions like military service. This decision underscores the stringent requirements for remarriage when a spouse is missing, ensuring that all reasonable avenues for locating the missing person are exhausted before a new marital union is legally sanctioned.

Vanished Soldier, Wavering Search: When Is a Belief of Death Truly “Well-Founded”?

The case revolves around Nilda B. Tampus’s petition to declare her husband, Dante L. Del Mundo, presumptively dead. Dante, an AFP member, disappeared after being assigned to Jolo, Sulu, in 1975. After thirty-three years of no contact, Nilda sought the declaration to remarry, claiming she had a well-founded belief that Dante was deceased. The RTC and CA initially granted her petition, but the Republic of the Philippines, represented by the OSG, challenged this decision, arguing that Nilda’s efforts to locate Dante were insufficient to establish a “well-founded belief” as required by law.

At the heart of the legal matter is Article 41 of the Family Code, which allows a person to remarry if their prior spouse has been absent for four consecutive years and the present spouse has a well-founded belief that the absent spouse is already dead. The law states:

Article 41. 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 provisions of Article 391 of the Civil Code, an absence of only two years shall be sufficient.

For the purpose of contracting the subsequent marriage under the preceding paragraph, the spouse present must institute a summary proceeding as provided in this Code for the declaration of presumptive death of the absentee, without prejudice to the effect of reappearance of the absent spouse.

The Supreme Court meticulously examined whether Nilda had indeed met the stringent requirements for establishing a “well-founded belief.” The Court emphasized that this belief must be the result of diligent and reasonable efforts to locate the absent spouse. As cited in Republic v. Cantor, G.R. No. 184621, December 10, 2013, 712 SCRA 1, 18, the Court reiterated the four essential requisites for the declaration of presumptive death under Article 41 of the Family Code, including that the present spouse has a well-founded belief that the absentee is dead, and that the present spouse files a summary proceeding for the declaration of presumptive death of the absentee.

The Court found Nilda’s efforts lacking. While she testified to inquiring with Dante’s parents, relatives, and neighbors, the Court deemed these actions insufficient. The Supreme Court stated that:

The “well-founded belief in the absentee’s death requires the present spouse to prove that his/her belief was the result of diligent and reasonable efforts to locate the absent spouse and that based on these efforts and inquiries, he/she believes that under the circumstances, the absent spouse is already dead. It necessitates exertion of active effort, not a passive one. As such, the mere absence of the spouse for such periods prescribed under the law, lack of any news that such absentee spouse is still alive, failure to communicate, or general presumption of absence under the Civil Code would not suffice.

The Court suggested that Nilda could have contacted the AFP headquarters for information about Dante, sought help from authorities, or inquired about the status of the combat mission to which Dante was assigned. Her failure to pursue these avenues led the Court to conclude that she did not actively look for her missing husband, and therefore, did not meet the required standard of diligence.

Furthermore, the Court noted the absence of corroborating witnesses. Nilda did not present Dante’s family, relatives, or neighbors to support her claim that she had earnestly searched for him. Citing Republic v. Nolasco, G.R. No. 94053, March 17, 1993, 220 SCRA 20, the Court reiterated that bare assertions of inquiry without identifying the individuals contacted are insufficient. The Court emphasized that the burden of proof lies on the present spouse to demonstrate a well-founded belief through concrete evidence and diligent efforts.

In comparing the efforts made by Nilda with what would be deemed as due diligence, the Court implicitly set a higher standard for future cases. The table below summarizes the differences:

Efforts Made by Nilda	Actions Deemed Necessary by the Court
Inquiries with family, relatives, and neighbors.	Contacting AFP headquarters to request information about Dante.
None.	Seeking help from authorities in locating Dante.
None.	Inquiring from the AFP on the status of the combat mission Dante was assigned to.

Ultimately, the Supreme Court reversed the CA and RTC decisions, denying Nilda’s petition to have Dante declared presumptively dead. The Court underscored that a well-founded belief requires a high degree of diligence and active effort, which Nilda failed to demonstrate.

FAQs

What was the key issue in this case?	The key issue was whether Nilda B. Tampus had a well-founded belief that her missing husband, Dante L. Del Mundo, was dead, justifying a declaration of presumptive death for remarriage purposes. The Supreme Court focused on whether her efforts to locate Dante were diligent enough to meet the legal standard.
What is required to establish a “well-founded belief” of death?	A “well-founded belief” requires the present spouse to prove that their belief is the result of diligent and reasonable efforts to locate the absent spouse. This involves active and earnest inquiries, not just passive acceptance of the absence.
What specific actions did the Court say Nilda should have taken?	The Court suggested Nilda should have contacted the AFP headquarters, sought help from authorities, and inquired about the status of Dante’s combat mission to Jolo, Sulu. These actions were considered necessary to demonstrate a diligent search.
Why was Nilda’s testimony about her inquiries deemed insufficient?	Nilda’s testimony was deemed insufficient because she did not present corroborating witnesses, such as family members or neighbors, to support her claim that she earnestly looked for Dante. The Court emphasized the need for concrete evidence beyond bare assertions.
What is the significance of Article 41 of the Family Code in this case?	Article 41 of the Family Code allows a person to remarry if their prior spouse has been absent for four consecutive years and the present spouse has a well-founded belief that the absent spouse is dead. This provision sets the legal framework for declaring presumptive death for remarriage purposes.
What is the effect of this ruling on future cases involving presumptive death?	This ruling sets a higher standard for establishing a “well-founded belief” in presumptive death cases, requiring more diligent and active efforts to locate the missing spouse. It reinforces the need for concrete evidence and corroborating witnesses to support claims of earnest search.
What happens if the absent spouse reappears after a declaration of presumptive death?	Article 41 of the Family Code states that the declaration of presumptive death is “without prejudice to the effect of reappearance of the absent spouse.” The reappearance of the absent spouse would likely nullify the subsequent marriage.
Who has the burden of proof in a petition for declaration of presumptive death?	The burden of proof rests on the present spouse to show that all the requisites under Article 41 of the Family Code exist. This includes proving that they have a well-founded belief that the absentee is dead through diligent efforts to locate them.

The Supreme Court’s decision serves as a reminder of the significant responsibility placed on individuals seeking a declaration of presumptive death. It emphasizes the importance of exhausting all reasonable means to locate a missing spouse, particularly in situations involving inherent risks. This ruling provides clarity on the level of diligence required to establish a “well-founded belief,” safeguarding the sanctity of marriage and ensuring that declarations of presumptive death are based on genuine and substantiated efforts.

For inquiries regarding the application of this ruling to specific circumstances, please contact ASG Law through contact or via email at frontdesk@asglawpartners.com.

Disclaimer: This analysis is provided for informational purposes only and does not constitute legal advice. For specific legal guidance tailored to your situation, please consult with a qualified attorney.
Source: Republic of the Philippines vs. Nilda B. Tampus, G.R. No. 214243, March 16, 2016