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    Republic Vs Tampus GR 214243

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    RR F
    This case involves a petition by Nilda B. Tampus to declare her husband Dante L. Del Mundo presumptively dead after he disappeared 33 years ago. The court denied the petition because Nilda failed to meet all the requirements for a declaration of presumptive death under Article 4119 of the Family Code. Specifically, Nilda did not exert active and diligent efforts beyond making inquiries with Dante's family and neighbors to locate him after he was assigned to a combat mission in Jolo, Sulu by the AFP. Her efforts did not satisfy the strict standard of diligence needed to prove a well-founded belief in his death.

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    Republic Vs Tampus GR 214243

    Uploaded by

    RR F
    83 views2 pages
    This case involves a petition by Nilda B. Tampus to declare her husband Dante L. Del Mundo presumptively dead after he disappeared 33 years ago. The court denied the petition because Nilda failed to meet all the requirements for a declaration of presumptive death under Article 4119 of the Family Code. Specifically, Nilda did not exert active and diligent efforts beyond making inquiries with Dante's family and neighbors to locate him after he was assigned to a combat mission in Jolo, Sulu by the AFP. Her efforts did not satisfy the strict standard of diligence needed to prove a well-founded belief in his death.

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    This case involves a petition by Nilda B. Tampus to declare her husband Dante L. Del Mundo presumptively dead after he disappeared 33 years ago. The court denied the petition because Nilda failed to meet all the requirements for a declaration of presumptive death under Article 4119 of the Family Code. Specifically, Nilda did not exert active and diligent efforts beyond making inquiries with Dante's family and neighbors to locate him after he was assigned to a combat mission in Jolo, Sulu by the AFP. Her efforts did not satisfy the strict standard of diligence needed to prove a well-founded belief in his death.

    Copyright:

    © All Rights Reserved
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    Download as docx, pdf, or txt
    83 views2 pages

    Republic Vs Tampus GR 214243

    Uploaded by

    RR F
    This case involves a petition by Nilda B. Tampus to declare her husband Dante L. Del Mundo presumptively dead after he disappeared 33 years ago. The court denied the petition because Nilda failed to meet all the requirements for a declaration of presumptive death under Article 4119 of the Family Code. Specifically, Nilda did not exert active and diligent efforts beyond making inquiries with Dante's family and neighbors to locate him after he was assigned to a combat mission in Jolo, Sulu by the AFP. Her efforts did not satisfy the strict standard of diligence needed to prove a well-founded belief in his death.

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    RepublicvsTampusGR214243

    FACTS: Respondent Nilda B. Tampus was married to Dante L. Del


    Mundo on November 29, 1975. Three days thereafter, or on
    December 2, 1975, Dante, a member of the AFP, left respondent,
    and went to Jolo, Sulu where he was assigned. The couple had no
    children. Since then, Nilda heard no news from Dante. She tried
    everything to locate him, but her efforts proved futile. On April 14,
    2009, she filed before the RTC a petition to declare Dante as
    presumptively dead for the purpose of remarriage, alleging that
    after the lapse of thirty-three (33) years without any kind of
    communication from him, she firmly believes that he is already
    dead.
    ISSUE: W/N Dante should be declared presumptively dead
    RULING: NO. Before a judicial declaration of presumptive death
    can be obtained, it must be shown that the prior spouse had been
    absent for four consecutive years and the present spouse had a
    well-founded belief that the prior spouse was already dead. Under
    Article 4119 of the Family Code of the Philippines (Family Code),
    there are four (4) essential requisites for the declaration of
    presumptive death: (1) that the absent spouse has been missing for
    four (4) consecutive years, or two (2) consecutive years if the
    disappearance occurred where there is danger of death under the
    circumstances laid down in Article 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.
    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.
    In this case, Nilda testified that after Dante's disappearance, she
    tried to locate him by making inquiries with his parents, relatives,
    and neighbors as to his whereabouts, but unfortunately, they also
    did not know where to find him. Other than making said inquiries,
    however, Nilda made no further efforts to find her husband. She
    could have called or proceeded to the AFP headquarters to request
    information about her husband, but failed to do so. She did not
    even seek the help of the authorities or the AFP itself in finding
    him. Considering her own pronouncement that Dante was sent by
    the AFP on a combat mission to Jolo, Sulu at the time of his
    disappearance, she could have inquired from the AFP on the status
    of the said mission, or from the members of the AFP who were
    assigned thereto. To the Court's mind, therefore, Nilda failed to
    actively look for her missing husband, and her purported earnest
    efforts to find him by asking Dante's parents, relatives, and friends
    did not satisfy the strict standard and degree of diligence required
    to create a "well-founded belief of his death.

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