Valdez v.
Republic
GR 180863, September 8, 2009
Issue:
Whether or not Sofio can be declared presumptively
dead without a court declaration
Ruling:
Yes. the governing law at the time (Articles 83 and
390 of the Civil Code) of the marriage of Angelita to
Sofio and Virgilio, states that, it only requires that the
former spouse has been absent for seven (7)
consecutive years at the time of the second
marriage, that the spouse present does not know his
or her former spouse to be living, that such former
spouse is generally reputed to be dead and the
spouse present so believes at the time of the
celebration of the marriage.