RP VS NOLASCO

RULE 107

FACTS:

Nolasco filed a petition for the declaration of presumptive death of his wife
Janet Monica Parker, prayed that the wife be declared presumptively dead
or in alternative that the marriage be declared null and void.
RP opposed, argued that Nolasco did not possess a well founded belief
that the absent spouse was already dead and cunning attempt to
circumvent the law on marriage.
On trial, Nolasco testified that he exert effort to look for Janet however, it
was fruitless.
TC- granted the petition affirmed by the CA

ISSUE: W/N Nolasco has well founded belief that his wife is already dead.

HELD: NO

Four requisites for the declaration of presumptive death:

1. That the absent spouse has been missing for 4 consecutive years, or 2
consecutive years if the disappearance occurred while there is a danger of
death under the circumstances laid down by ART. 391 of the Civil Code;
2. That the present spouse wishes to remarry;
3. That the present spouse has a well-founded belief that the absentee is
dead; and
4. That the present spouse files a summary proceeding for the declaration of
presumptive death of the absentee.

Degree of diligence required: DUE DILIGENCE

(instead of seeking the help of local authorities or of the british embassy,

Nolasco secured nother seamans contract and went to London, a vast city of
many millions if inhabitants, to look there/ Nolasco confused London for
Liverpool)