Republic of the Philippines

Supreme Court of the Philippines

IN THE REGIONAL TRIAL COURT
Branch 15
th
9 Judicial Region
Pettit Barracks, Sta. Barbara, Zamboanga City

IN RE: SUMMARY PETITION FOR Special Proceeding Case No. Z-12345

DECLARATION OF PRESUMPTIVE DEATH
OF JUAN PEDRO DELA CRUZ FOR
PURPOSES OF REMARRIAGE UNDER
ARTICLE 41 OF THE FAMILY CODE,

MARIA CLARA OLEIDELA CRUZ,

Petitioner.

PETITION
COMES NOW, the petitioner through the ATTORNEY,
unto the Honorable Court, most respectfully alleges: THAT,

1). The petitioner is of legal age, married, Filipino

citizen and residing at Don Alfaro St., Tetuan,
Zamboanga City, Philippines for twenty (20) years
already and whereat she can be served with notice
and other processes of this Honorable Court;

2). Petitioner married JUAN DELA CRUZ on

September 28, 2004 at Metropolitan Cathedral,
Zamboanga City; during such marriage, a son was
born to them on June 23, 2005;
Attached are copies of Certificate of Marriage and
Certificate of Live Birth, marked as Annexes A and B
respectively.

3). After their marriage, they established their

conjugal home at Putik, Zamboanga City;

4). During the cohabitation, JUAN DELA CRUZ

was employed as Seaman owned by SAMPAGUITA
SHIPPING CORPORATION, a cargo ship with the
office address located at Port A, Zamboanga City;

5). On December 8, 2005, JUAN DELA CRUZ was

boarded on MV DOLOROSA bound to Cagayan de
Tawi-Tawi together with the other eighteen (18)
other crew members and the ship Captain;

6). At around 10:00 in the evening same day, Mr.

Chiong Go, owner of the Sampaguita Shipping
Corp. informed petitioner about the ill-fated
incident of the ship where they lost communication
after 8 hours of voyage;

7). A search and rescue operations were conducted

by the Philippine Coast Guard, Philippine Navy,
Philippine Air Force together with the other ships
of the Sampaguita Shipping Corporation;

8). After one week of continues search and rescue

operations, the rescue teams decided to suspend
the search due to typhoon Malakas that brought
heavy torrential rains and destructive waves and
subsequently terminated the operations, all efforts
prove futile;

9). Petitioner and her family then made a nine-day

prayer to pay tribute for the death of JUAN DELA
CRUZ in their conjugal dwelling;

10). On January 6, 2006, petitioner and their 6-

month old child moved to Sta. Maria, Zamboanga
City as the loss was too much for her to bear;

11). She was also needed for familys support at

that time; however, she was hoping to hear news
of her husband and was in constant communication
with her in-laws in Tetuan, Zamboanga City;

12). Petitioner exerted efforts to find respondent

including the posting in public places of a bulletin
and publication of the same bulletin in an local
news paper Daily Zamboanga Times in Zamboanga
City inviting the public to give any information if
happen to know the whereabouts of JUAN DELA
CRUZ, however, despite diligent efforts exerted to
locate said respondent, none of these is availing;

13). Years passed and nothing was heard of her

husband, it is now petitioners strong well-founded
belief and honest feeling that her husband did not
survived the ill-fated MV DOLOROSA;
 14). It is almost TEN (10) years to date since the
disappearance of the petitioners husband under
extra-ordinary circumstances; Hence, this instant
petition for purposes of subsequent marriage
pursuant to Art 41 of the Family Code ;

15). Petitioner is now intending to enter into a

subsequent marriage if her petition would
approved by the Honorable Court.

WHEREFORE, premises considered, it is most

respectfully prayed of this Honorable Court that, after due
notice and hearing, to grant the instant petition, by
declaring JUAN DELA CRUZ PRESUMPTIVELY DEAD
and declaring the vinculum matrimony between him and
the petitioner to be legally severed, thereby enabling her
to remarry.

Petitioner further prays for such other orders and

reliefs just and equitable under the foregoing premises.

Zamboanga City, Philippines, February 2, 2015.

ATTY. ROMEL G TORRES

Counsel for the Petitioner
Rm 123, 8th Flr., Garden Orchid Hotel, Gov. Camis Aven.,
Zamboanga City
IBP Lifetime Member (O.R No. 98765/ 10-29-2014)
Zamboanga City
MCLE Compliance No. IV-01234567/03-20-2013
PTR No. 020089, 01-07-2015
Roll No. 59564

VERIFICATION/CERTIFICATION

Republic of the Philippines )

City of Zamboanga )Ss.
X........................x

I, MARIA CLARA OLEI-DELA CRUZ, of legal age, married

and residing at Putik, Zamboanga City, after having been sworn
in accordance with law, hereby depose and state:

That I am the petitioner in the above entitled case, have

caused the preparation of the foregoing pleading, have read all
the allegations therein and found the same to be true and correct
of my own personal knowledge, information and other authentic
documents on hand.

That I have not commenced any other action or

proceeding involving the same issues in any other court, tribunal
or quasi-judicial agency; and to the best of my knowledge, no
such action is pending therein.

That if I should thereafter learn that a similar action or

proceeding has been filed or is pending before any other court,
tribunal or quasi-judicial agency, I shall notify the Court within
Five (5) days.

IN WITNESS WHEREOF, I hereunto set my hand this 30

January 2015 at Zamboanga City, Philippines.

MARIA CLARA OLEI-DELA CRUZ

Affiant
CTC No 229898825/
January 3, 2015
Putik, Zamboanga City

SUBSCRIBED AND SWORN to before me this January

26, 2015 at Zamboannga City, Philippines, Affiant exhibiting to
me her Community Tax Certificate above indicated.

COPY FURNISHED:

THE LOCAL CIVIL REGISTRAR OF ZAMBOANGA CITY

Pettit Barracks, Zamboanga City
Mailed on: Jan 05, 2015 at ZC Postal Office with RR#
123456

THE OFFICE OF SOLICITOR GENERAL

134 Amorsolo St., Legaspi Village, Makati City
Mailed on: Jan 05, 2015 at ZC Postal Office with RR#
123457

ATTY. EBNO MARUHOM

Office of the City Prosecutor
Zamboanga City
Mailed on: Jan 05, 2015 at ZC Postal Office with RR#
123458