CASE DIGEST ON REPUBLIC VS NOLASCO FACTS:
Respondent Respondent Gregorio Nolasco, a seaman by employment, frst met Janet Monica Parker in a bar in England. From that chance meeting onwards, Janet lied with respondent Nolasco on his ship !or ! or si" months #ntil they arried to respondent$s hometown o! %an Jose, &nti'#e on Noember (), ()*+ a!ter his contract as a seaman e"pired. e"pired. Respondent married married Janet in %an Jose, &nti'#e, in atholic rites on Jan#ary (-, ()*. &!ter &!ter the marriage celebration, he ac'#ired another employment contract as a seaman and le!t his wi!e with his parents in %an Jose, &nti'#e. Respondent receied a letter !rom his mother in!orming him that Janet had gien birth to his son sometime in Jan#ary ()*/. 0pon !#rther !#rther reading the letter, letter, it also in!ormed in!ormed him that Janet had le!t &nti'#e. Respondent then asked permission to leae his ship s hip to ret#rn home, arriing in &nti'#e in Noember ()*/. Respondent Respondent claimed that he did eerything that he co#ld to look !or Janet himsel! wheneer his ship docked docked in England. 1e also stated that all the letters he had sent to his missing spo#se at the address o! the bar where he and Janet frst met, were all ret#rned ret#rned to him. Een by in'#iring thro#gh their !riends proed !r#itless since they had no news on the whereabo#ts o! Janet. 1e does not know anything abo#t Janet$s !amily backgro#nd since she re!#sed to gie him any details when he asked her een when they were married. F#rthermore, Janet$s disappearance went #nreported to the Philippine goernment goernment a#thorities. 2eca#se o! s#ch incidences, respondent fled be!ore the R3 R3 a petition !or the declaration o! pres#mptie death o! his wi!e Janet Monica Parker, Parker, inoking &rticle 4( o! the Family Family code. 3he petition prayed that respondent$s wi!e be declared pres#mptiely pres#mptiely dead or, alternatiely, that the marriage be declared n#ll and oid. R3 granted the petition, declaring Janet as pres#mptiely pres#mptiely dead witho#t pre5#dice to her reappearance. 3he Rep#blic Rep#blic appealed to the o#rt o! &ppeals, contending contending that the R3 R3 erred erred in declaring Janet pres#mptiely dead beca#se respondent !ailed to show that there e"isted a well6!o#nded belie! !or s#ch declaration. 1oweer, the o#rt o! &ppeals a7rmed the R3$s decision, holding that respondent had satis!actorily established a basis to !orm a belie! that his absent spo#se had already died. 3he Rep#blic Rep#blic !orwarded their their case !or a petition to reiew reiew by the %#preme %#preme o#rt thro#gh the %olicitor6General. %olicitor6General. ISSUE:
8hether or not respondent Gregorio Nolasco has a well6!o#nded belie! that his wi!e is already dead. HELD:
N9. Respondent Respondent lacked the necessary eidences and e:orts to proe that he has a well6!o#nded belie! that his wi!e was already dead. F#rthermor F#rthermore, e, the co#rt beliees that
respondent !ailed to cond#ct a search !or his missing wi!e with s#ch diligence as to gie rise to a ;well6!o#nded belie!< that she is dead. 3o !#rther proe that he lacked eidence, the respondent !ailed to mention whom he made ;in'#iries< to the whereabo#ts o! Janet. Moreoer, he did not een write to the parents o! his frst wi!e, who lied in Pampanga, !or the p#rpose o! sec#ring in!ormation concerning her c#rrent location. 3he respondent een admitted that his basis !or s#specting the death o! his wi!e was the !act that she had been absent. ¬her important !actor is that the respondent did not een sec#re the help o! local a#thorities or o! the 2ritish Embassy !or locating his lost wi!e. =nstead, he sec#red another seaman$s contract and went to >ondon, a h#ge city with millions o! people liing in that co#ntry, to look !or her there alone. 0pon cross6e"amination o! the respondent, it was proed that he con!#sed >ondon !or >ierpool, which makes his s#pposed e:orts to locate his wi!e in England do#bt!#l. =n regards with his claim that he did not know any personal in!ormation regarding his wi!e Janet een a!ter she had married the respondent is too conenient an e"c#se to 5#sti!y his !ail#re to locate her. Een the letters that he sent ?which were ret#rned to him@ to the bar got lost, with #nspecifed circ#mstances. =n light o! the a!orementioned iews and !acts, the s#preme co#rt there!ore REAER%EB the declaration that Janet Monica Parker is pres#mptiely dead and both decisions by the R3 and & are N0>>=F=EB and %E3 &%=BE.
