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Presumptive Death Case Analysis: Republic v Tampus

Nilda filed to declare her husband Dante presumptively dead after 33 years without contact to allow her to remarry. However, the court found Nilda did not make sufficient efforts to locate Dante as required. After Dante disappeared on assignment with the AFP, Nilda only made limited inquiries with family and neighbors, but did not contact the AFP directly about his status or whereabouts. The court ruled a "well-founded belief" in death requires diligent and reasonable efforts to locate the absent spouse through active investigation, not just passive absence over time. Therefore, Dante was not correctly declared presumptively dead.

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394 views1 page

Presumptive Death Case Analysis: Republic v Tampus

Nilda filed to declare her husband Dante presumptively dead after 33 years without contact to allow her to remarry. However, the court found Nilda did not make sufficient efforts to locate Dante as required. After Dante disappeared on assignment with the AFP, Nilda only made limited inquiries with family and neighbors, but did not contact the AFP directly about his status or whereabouts. The court ruled a "well-founded belief" in death requires diligent and reasonable efforts to locate the absent spouse through active investigation, not just passive absence over time. Therefore, Dante was not correctly declared presumptively dead.

Uploaded by

Anonymous 5MiN6I78I0
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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  • Case Analysis: Republic v Tampus

Republic v Tampus making said inquiries, however, Nilda made

G.R. No. 214243, March 16, 2016 no further efforts to find her husband. She
could have called or proceeded to the AFP
FACTS: headquarters to request information about
Respondent Nilda was married to Dante on her husband, but failed to do so. She did
November 29, 1975 in Cordova, Cebu. not even seek the help of the authorities or
Three days thereafter, Dante, a member of the AFP itself in finding him. She could have
the AFP, left respondent, and went to Jolo, inquired from the AFP on the status of the
Sulu where he was assigned. The couple said mission, or from the members of the
had no children. Since then, Nilda heard no AFP who were assigned thereto.
news from Dante. She filed before the RTC a
petition to declare Dante as presumptively The "well-founded belief' in the absentee's
dead for the purpose of remarriage, alleging death requires the present spouse to prove
that after the lapse of thirty-three (33) that his/her belief was the result of
years without any kind of communication diligent and reasonable efforts to locate
from him, she firmly believes that he is the absent spouse and that based on these
already dead. efforts and inquiries, he/she believes that
under the circumstances, the absent
ISSUE: Whether Dante has been correctly spouse is already dead. It necessitates
declared as presumptively dead? exertion of active effort, not a passive one.
As such, the mere absence of the spouse
HELD: No. In this case, Nilda testified that for such periods prescribed under the law,
after Dante's disappearance, she tried to lack of any news that such absentee
locate him by making inquiries with his spouse is still alive, failure to
parents, relatives, and neighbors as to his communicate, or general presumption of
whereabouts, but unfortunately, they also absence under the Civil Code would not
did not know where to find him. Other than suffice.

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