Republic of the Philippines vs.
Leilanie Dela Cruz Fenol
G.R. No. 212726, June 10, 2020
Facts: This case is a petition for Certiorari of the decision and resolution of the Court of Appeals
declaring Reneto Alilongan Suminguit (Reneto) presumptively dead under Article 41 of the Family Code.
Leilanie Dela Cruz Fenol filed a Petition for Declaration of Presumptive Death of Reneto Alilongan
Suminguit, her husband, dated November 16, 2009 before the RTC of Kabacan, Cotabato for he has not
come back to his family and his whereabouts have been unknown for a continuous period of more than
eight years after leaving the conjugal marriage to workd abroad.
The respondent alleged that she exerted earnest efforts to locate the whereabouts of her husband. She
went to Manila sometime in 2002 and stayed there for seven months to find Reneto, but the same proved
futile. She also proceeded to Reneto's relatives in Cayawan, Davao del Norte only to find out that they
have no knowledge of his whereabouts either. Sometime in 2004, she applied for employment abroad and
worked overseas, but she still failed to find Reneto until she returned to the Philippines in 2008.
The RTC ruled that the respondent’s husband may be declared as presumptively dead for has been absent
in the marriage for nine years although there were no concrete documentary evidences presented by her in
Court to justify the declaration of Reneto as presumptively dead, the circumstances of the case would
point to the fact that the respondent's husband has already been absent for more than nine (9) years. And
to allow the respondent to wait a little longer, to await her husband's return, without certainty, would be
unfair to the respondent and to her daughter, who already have suffered so much when the [respondent]'s
husband left them way back in 2001. The OSG then moved for reconsideration the decision to the CA.
However, the CA denied the OSG's appeal. It held that respondent exerted efforts to locate Reneto, but
she still failed to find him. It agreed with the RTC that respondent was able to prove a well-founded belief
that Reneto was already dead. It enunciated that the Decision of the RTC is already final and executory
and can no longer be modified or reversed since a petition for declaration of presumptive death is a
summary judicial proceeding under the Family Code.
Issue: Whether or not the respondent’s petition to declare her husband as presumptively dead under Art
41 of the Family Code be valid.
Ruling: No. The Supreme Court questions the factual bases of the RTC in granting respondent's petition.
It asserts that respondent's efforts did not generate a well-founded belief that her husband Reneto was
already dead.The procedural aspect of the case is governed by Article 41 in relation to Articles 238, 247
and 253 of the Family Code.
The "well-founded belief" in the absentee's death requires the present spouse to prove that his/her belief
was the result of diligent and reasonable efforts to locate the absent spouse and that based on these efforts
and inquiries, he/she believes that under the circumstances, the absent spouse is already dead. It
necessitates exertion of active effort, not a passive one. As such, the mere absence of the spouse for such
periods prescribed under the law, lack of any news that such absentee spouse is still alive, failure to
communicate, or general presumption of absence under the Civil Code would not suffice.
The petition of respondent Leilanie Dela Cruz Fenol to have her husband, Reneto Alilongan Suminguit,
declared presumptively dead is DENIED.
