Republic vs Nolasco

220 SCRA 20
FACTS: Gregorio Nolasco is a seaman. He met Janet Parker, a British, in bar in England.
After that, Janet started living with Nolasco in his ship for six months. It lasted until the
contract of Nolasco expired then he brought her to his hometown in Antique. They got
married in January 1982. Due to another contract, Nolasco left the province. In 1983,
Nolasco received a letter from his mother informing him that his son had been born but 15
days after, Janet left. Nolasco went home and cut short his contract to find Janets
whereabouts. He did so by securing another seamans contract going to London. He wrote
several letters to the bar where they first met but it was all returned. Gregorio petitioned in
1988 for a declaration of presumptive death of Janet.
ISSUE: Whether or not Nolasco had a well-founded belief that his wife, Janet, is already
dead?
HELD: No
Ratio: The Supreme Court ruled that Nolascos efforts to locate Janet were not persistent to
show that he has a well-founded belief that his wife was already dead because instead of
seeking assistance of local authorities and the British Embassy, he even secured another
contract. More so, while he was in London, he did not even try to solicit help of the
authorities to find his wife.