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Republic vs. Lorino (G.R. No. 160258. January 19, 2005)

The case involved a petition filed by Gloria Bermudez-Lorino seeking to have her husband judicially presumed dead so that she could remarry. The trial court granted the petition and the judgment was immediately final and executory under the Family Code. However, the Office of the Solicitor General filed an appeal. The trial court gave due course to the appeal. The Supreme Court held that the trial court erred in allowing the appeal because judgments in summary proceedings under the Family Code are immediately final and cannot be appealed.

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125 views2 pages

Republic vs. Lorino (G.R. No. 160258. January 19, 2005)

The case involved a petition filed by Gloria Bermudez-Lorino seeking to have her husband judicially presumed dead so that she could remarry. The trial court granted the petition and the judgment was immediately final and executory under the Family Code. However, the Office of the Solicitor General filed an appeal. The trial court gave due course to the appeal. The Supreme Court held that the trial court erred in allowing the appeal because judgments in summary proceedings under the Family Code are immediately final and cannot be appealed.

Uploaded by

Kirk Bejasa
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Contributor: Kirk Bejasa

Case Title: Republic of the Philippines vs. Gloria Bermudez-Lorino (G.R.


No. 160258. January 19, 2005)

Doctrine: In Summary Judicial Proceedings under the Family Code, all


judgment rendered therein are “immediately final and executory.”

FACTS: Gloria Bermudez-Lorino (“Gloria”) was married to Francisco


Lorino (“Francisco”). Before they got married, Gloria was unaware that
her husband was a habitual drinker, possessed with violent
character/attitude, and had the propensity to go out with friends to the
extend of being unable to engage in any gainful work. Due to her husband’s
violent character, Gloria found it safe to leave him behind and decided
to go back to her parents together with her three children. In order to
support the children, Gloria was compelled to work abroad. Nine (9) years
after she left her husband, Gloria filed a verified petition with the RTC
under the rules on Summary Judicial Proceedings in the Family Law provided
for in the Family Code, seeking that her husband be judicially presumed
dead for the purpose of remarriage. The RTC rendered judgment granting
such petition which became immediately final and executory.

Despite the judgment being immediately final and executory, the OSG,
for the Republic of the Philippines, nevertheless filed a Notice of
Appeal.The RTC gave due course to the Republic’s appeal, and had the
entire records elevated to the CA, stating in its order that “the Notice
of Appeal having been filed through registered mail by the OSG, within
the reglementary period fixed by the Rules, let the entire record be
transmitted to the CA for further proceedings.”

ISSUE: Whether or not the RTC erred in giving due course to the
Republic’s Notice of Appeal.

HELD: Yes. In Summary Judicial Proceedings under the Family Code,


there is no reglementary period within which to perfect an appeal,
precisely because judgments rendered thereunder, by express provision of
Section 247 of Family Code, are “immediately final and executory.”In
the case at bar, it was erroneous, therefore, on the part of the RTC to
give due course to the Republic’s appeal and order the transmittal of
the entire records of the case to the CA because its judgment in said
petition was immediately final and executory. In other words, the same
may no longer be modified in any respect because it becomes immutable and
unalterable.

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