Republic vs. Jose Sareogon, Jr. [G.R. No.

199194] Feb 10, 2016

Facts:

On November 4, 2008, the respondent, Jose Sareogon, filed a petition before the
RTC of Ozamiz to declare the presumptive death of his wife Netchie Sareogon. The
petitioner testified that they got married and had lived together as husband and wife for a
month only because he left to work as a seaman, while his wife, Netchie, went to
Hongkong as a domestic helper. For 3 months, he did not receive any communication
from Netchie and likewise had no idea about her whereabouts. While still abroad, he
tried to contact Netchies parents, but failed. He returned home after his contract expired,
then inquired from Netchies relatives and friends about her whereabouts but they also
did not know where she was. Because of these, he had to presume that his wife, Netchie
was already dead. He filed the Petition before the RTC so he could contract another
marriage pursuant to Article 41 of the Family Code.
Joses testimony was corroborated by his older brother Joel Sareogon, and by
Netchies aunt, Consuelo Sande. These two witnesses testified that Jose and Netchie
lived together as husband and wife only for one month prior to their leaving the
Philippines for separate destinations abroad and added that they had no information
regarding Netchies location.
On January 31, 2011, in the RTCs decision found that Netchie had disappeared for
more than four years, reason enough for Jose to conclude that his wife was indeed
already dead.
The OSG questioned the RTC ruling via Rule 65 before the CA for the RTCs error
in its misappreciation of evidence. The CA saw no error in the RTC judgment and further
held that Rule 65 is the wrong recourse in elevating a declaration of presumptive death
judgment from the RTC.

Issue:

WON the well-founded belief requisite under Article 41 (FC) was complied with.

Held:

No. This requisite needs the present spouse to prove that his/her belief was the result
of diligent and reasonable efforts and inquiries to locate the absent spouse and that based
upon these efforts and inquiries, he/she believes that under the circumstances, the absent
spouse is already dead. It requires exertion of active effort. At the case at bar, the
respondent, Jose Sareogon, failed to satisfy the required well-founded belief standard.
The respondents pathetically anemic efforts to locate the missing Netchie are
notches below the required degree of stringent diligence prescribed by jurisprudence. For,
aside from his bare claims that he had inquired form alleged friends and relatives as to
Netchies whereabouts, Jose Sareogon did not call to the witness stand specific
individuals or persons whom he allegedly saw or met in the course of his search or quest
for the allegedly missing Netchie. Neither did he prove that he sought the assistance of
the pertinent government agencies as well as the media. Nor did he show that he
undertook a thorough, determined, and unflagging search for Netchie, say for at least two
years, and naming the particular places, provinces, cities, barangays, or municipalities
that he visited, or went to, and identifying the specific persons he interviewed or talked
to in the course of his search.