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Republic Vs Granada

The document summarizes the requirements for declaring a spouse presumptively dead under Philippine family law. It notes there must be a well-founded belief of death after four years of absence or two years of absence in dangerous circumstances. It also discusses what constitutes a well-founded belief and can be proved by direct or circumstantial evidence. The case discusses how the plaintiff did not conduct a diligent search to locate her absent husband, such as seeking information from consular offices or using mass media, so she did not meet the standard of a well-founded belief that he was dead.

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126 views1 page

Republic Vs Granada

The document summarizes the requirements for declaring a spouse presumptively dead under Philippine family law. It notes there must be a well-founded belief of death after four years of absence or two years of absence in dangerous circumstances. It also discusses what constitutes a well-founded belief and can be proved by direct or circumstantial evidence. The case discusses how the plaintiff did not conduct a diligent search to locate her absent husband, such as seeking information from consular offices or using mass media, so she did not meet the standard of a well-founded belief that he was dead.

Uploaded by

Vina Cee
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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REPUBLIC OF THE PHILIPPINES vs.

YOLANDA CADACIO GRANADA


G.R. No. 187512, June 13, 2012

The Family Code provision prescribes a "well-founded belief" that the absentee is already dead
before a petition for declaration of presumptive death can be granted. The four requisites for the
declaration of presumptive death under the Family Code are as follows: (1) That the absent spouse
has been missing for four consecutive years, or two consecutive years if the disappearance
occurred where there is danger of death under the circumstances laid down in Article 391, Civil
Code; (2) That the present spouse wishes to remarry; (3) That the present spouse has 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 law does not define what is meant by a well-
grounded belief. Belief is a state of the mind or condition prompting the doing of an overt act. It
may be proved by direct evidence or circumstantial evidence which may tend, even in a slight
degree, to elucidate the inquiry or assist to a determination probably founded in truth. 

Applying the foregoing standards to the present case, The Republic points out that Yolanda did not
initiate a diligent search to locate her absent husband. While her brother Diosdado Cadacio testified
to having inquired about the whereabouts of Cyrus from the latter’s relatives, these relatives were
not presented to corroborate Diosdado’s testimony.  Yolanda was allegedly not diligent in her
search for her husband. The Republic argues that if she were, she would have sought information
from the Taiwanese Consular Office or assistance from other government agencies in Taiwan or the
Philippines. She could have also utilized mass media for this end, but she did not. Worse, she failed
to explain these omissions.

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