Presumptive Death | Art. 41, Family Code

 

Presumptive Death | Art. 41, Family Code

Q: After her husband, Ricardo, filed a petition for declaration of absence or presumptive death for the purpose of remarriage, the RTC declared Celerina presumed dead. Ricardo subsequently remarried. Ricardo claimed in his petition for declaration of absence or presumed dead that he and Celerina rented an apartment in San Juan, Metro Manila, after their marriage. One year later, they relocated to Tarlac City. They were engaged in the business of buying and selling. Ricardo asserted that their business was unsuccessful. Therefore, Celerina persuaded him to permit her to work as a housekeeper in Hong Kong. Ricardo first refused, but upon Celerina's urging, he granted her permission to work overseas. She reportedly submitted her resume to an employment agency in Ermita, Manila. 

Two months later, she left Tarlac and was never heard from again. Additionally, Ricardo asserted that he made steps to locate Celerina. He visited Celerina's parents in Cubao, Quezon City, but they, too, were unaware of her location. He enquired about her with further relatives and acquaintances, but no one had any information.

Ricardo stated that Celerina had left over 12 years prior to the filing date of his RTC petition. He believed that she was deceased. According to Celerina, her actual address was Neptune Extension, Congressional Avenue, Quezon City. Prior to Ricardo's departure, she and Ricardo shared this property as a couple. As a result of Ricardo's fabrication, she was denied notice of the petition declaring her presumed dead and the opportunity to challenge it. Celerina asserted that she had never lived in Tarlac. She also never left and worked abroad as a domestic worker. She also did not visit a job agency. In addition, she denied that she had been missing for twelve years. Ricardo was aware that she never left their Quezon City residence. He left the matrimonial residence to cohabit with another woman. Celerina submitted a joint affidavit executed by their children to support her claim that Ricardo's petition contained false charges. 

Is the reappearance not a sufficient remedy since it will only terminate the subsequent marriage but not nullify the effects of the declaration of her presumptive death and the subsequent marriage?

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