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    Republic V Granada

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    AlexandraSoledad
    (1) The Supreme Court ruled that a decision in a petition for declaration of presumptive death under Article 41 of the Family Code is immediately final and executory and not subject to ordinary appeal. (2) However, an aggrieved party may file a petition for certiorari with the Court of Appeals to question abuse of discretion amounting to lack of jurisdiction. (3) While the petitioner raised valid arguments that the evidence did not establish the spouse's well-founded belief in the absentee's death as required, the Court denied the petition because the RTC's judgment in the summary proceeding had already become final.

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    Republic V Granada

    Uploaded by

    AlexandraSoledad
    107 views2 pages
    (1) The Supreme Court ruled that a decision in a petition for declaration of presumptive death under Article 41 of the Family Code is immediately final and executory and not subject to ordinary appeal. (2) However, an aggrieved party may file a petition for certiorari with the Court of Appeals to question abuse of discretion amounting to lack of jurisdiction. (3) While the petitioner raised valid arguments that the evidence did not establish the spouse's well-founded belief in the absentee's death as required, the Court denied the petition because the RTC's judgment in the summary proceeding had already become final.

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    Republic v Granada

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    (1) The Supreme Court ruled that a decision in a petition for declaration of presumptive death under Article 41 of the Family Code is immediately final and executory and not subject to ordinary appeal. (2) However, an aggrieved party may file a petition for certiorari with the Court of Appeals to question abuse of discretion amounting to lack of jurisdiction. (3) While the petitioner raised valid arguments that the evidence did not establish the spouse's well-founded belief in the absentee's death as required, the Court denied the petition because the RTC's judgment in the summary proceeding had already become final.

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    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    107 views2 pages

    Republic V Granada

    Uploaded by

    AlexandraSoledad
    (1) The Supreme Court ruled that a decision in a petition for declaration of presumptive death under Article 41 of the Family Code is immediately final and executory and not subject to ordinary appeal. (2) However, an aggrieved party may file a petition for certiorari with the Court of Appeals to question abuse of discretion amounting to lack of jurisdiction. (3) While the petitioner raised valid arguments that the evidence did not establish the spouse's well-founded belief in the absentee's death as required, the Court denied the petition because the RTC's judgment in the summary proceeding had already become final.

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    of 2

    REPUBLIC v GRANADA (2) W/N the CA erred in affirming the RTCs grant of petition for declaration

    of presumptive death under Art 41 of the FC based on evidence presented.


    FC 41
    HELD:
    PONENTE: Sereno, J. (1) Yes. Art 41 of the FC provides that petition for declaration of presumptive
    death of an absent spouse for the purpose of contracting a subsequent
    DOCTRINE: Since a petition for declaration of presumptive death is a
    marriage is a summary proceeding as provided for under the FC.
    summary proceeding, the judgment of the court therein shall be a. Art 238 and 247 provides:
    immediately final and executory. - Cases to be decided in expedious manner without regard to
    technical rules.
    RULING FORMAT: RTC Granted presumptive death. CA- Denied - Judgment is immediately final and executory.

    Republics appeal. Motion to dismiss by Yolanda granted. b. Art 253 provides for the rules to govern summary proceedings
    Taken together, judgment is final and executory by express provision of
    law.
    FACTS:
    (1) On May 1991, Yolanda met Cyrus Granada at Sumida Electric However, the aggrieved party may file petition for certiorari with the CA
    Phils., an electronic company in Paranaque where both were to question the abuse of discretion amounting to lack of jurisdiction; and
    from such decision, may elevate matter to SC for review on certiorari
    working.
    (2) They eventually got married on Mar 3, 1993; Yolanda gave birth under Art 45 of the Rules of Court.
    to a child named Cyborg.
    (3) Sometime in May 1994, Sumida closed down and Cyrus sought (2) No. Petitioner argued that Yolanda did not adduce evidence required to
    employment in Taiwan. From then on, Yolanda claimed to have establish a well0founded belief that her absent spouse was already dead, as
    not received any communication from Cyrus. They have exerted expressly required by Art 41 of the FC.
    efforts to locate him and inquired with relatives about his

    whereabouts; however, to no avail. Requirements for petition for declaration of presumptive death:
    (4) 9 years later, Yolanda filed for presumptive death with the RTC. (1) That the absent spouse has been missing for four consecutive years, or
    It was granted. two consecutive years if the disappearance occurred where there is
    (5) Republic of the Philippines, represented by the OSG, filed an MR danger of death under the circumstances laid down in Article 391,

    contesting that Yolanda had failed to exert earnest efforts in Civil Code;
    locating Cyrus; thus, failed to prove her well-founded belief that (2) That the present spouse wishes to remarry;
    he was already dead. (3) That the present spouse has a well-founded belief that the absentee is
    (6) Upon appeal to the CA by petitioner Republic, Yolanda filed a dead; and
    motion to dismiss stating the CA had no jurisdiction as the (4) That the present spouse files a summary proceeding for the
    petition for declaration of presumptive death under Art 41 of the declaration of presumptive death of the absentee.
    FC was a summary judicial proceeding, in which judgment is

    final and executory, and not appealable. 3rd requisite of Well-founded belief:
    The CA agreed and granted motion. - Result of proper and honest to goodness inquiries and efforts to
    ascertain whereabouts of the absent spousew/n spouse is alive or
    ISSUES: dead.

    (1) W/N decision of the RTC in a summary proceeding for - Based on inquiries drawn from many circumstances occurring before
    declaration of presumptive death is final and executory, and not and after disappearance of the absent spouse
    subject to ordinary appeal; - Based on natural and extent of inquiries
    Petitioner avers that Yolanda did not initiate a diligent search to locate
    husband; did not inquire with Taiwan consulate or seek assistance from
    governmental agencies or mass media.

    Petitioners arguments well-taken. However, petition is denied. Issue on


    w/n Yolanda was able to prove well-founded belief has been made final
    by the RTC decision. Judgment therefore cannot be modified even if
    modification is meant to correct what is perceived by an erroneous
    conclusion of fact or law.

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