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RULE 107
FACTS:
Nolasco filed a petition for the declaration of presumptive death of his wife
Janet Monica Parker, prayed that the wife be declared presumptively dead
or in alternative that the marriage be declared null and void.
RP opposed, argued that Nolasco did not possess a well founded belief
that the absent spouse was already dead and cunning attempt to
circumvent the law on marriage.
On trial, Nolasco testified that he exert effort to look for Janet however, it
was fruitless.
TC- granted the petition affirmed by the CA
ISSUE: W/N Nolasco has well founded belief that his wife is already dead.
HELD: NO