[G.R.
235580 | February 13, 2019] [Article 41 of the Family Code]
[Republic v. Leveste]
I. Recit-ready Summary
Filed is a petition for review on Certiorari to annul the Court of Appeals
decision denying the Petition for Certiorari by herein petitioner.
Josie R. Leveste and Rodigo D. Rapsing – residents of Cagayan de Oro
City – are married. Six months into their marriage, Josie leaves for
Taiwan as an OFW. Rodrigo then went to Valenzuela City to look for
an agency that will hire him to work abroad. However, Rodrigo ceased
communicating with Josie since 2002. Upon Josie’s return from Taiwan
in 2005, she exerted efforts to ascertain the whereabouts of Rodrigo.
Her efforts include: asking relatives and friends, asking for police help,
posting a public service announcement via the local radio.
On May 9, 2014, Josie filed a petition for presumptive death of Rodrigo
for the purpose of remarriage before the RTC in Bayugan, Agusan del
Sur. The RTC granted such petition.
In the present petition, the Office of the Solicitor General pointed out
that the evidence presented by Josie insufficiently proved Rodrigo’s
presumed death. In so doing the OSG cited 2 cases: Republic v. Court
of Appeals (Tenth Div.) and Republic v. Granada.
In Republic v. CA it was established that a “well-founded belief” under
Article 41 of the Family Code must “be the result of proper and honest
to goodness inquiries and efforts to ascertain the whereabouts of the
absent spouse.” Whether or not a spouse acted on such a belief in
assuming the death of an absent spouse depends on the nature of
conducted inquiries and the circumstances before and after the
disappearance of the spouse.
In Republic v. Granada, the court ruled against the surviving spouse as
the spouse did not report to the police nor seek the aid of mass media.
The OSG added that Josie’s police certification presented is not
authenticated and the persons whom she inquired to were not presented
in court. Josie essentially failed to corroborate her claims of finding
Rodrigo with proper evidence. She also failed to corroborate her claims
of Rodrigo’s presumptive death with proper evidence. Hence, her
allegations sans proof are not to be believed.
The Supreme Court ruled to remand the case to the RTC for reception
of further evidence from Josie.
[Persons - 2019]
DIGEST AUTHOR: Renson
[Republic v. Leveste]
II. Facts of the Case (*Please see notes)
Josie R. Leveste and Rodigo D. Rapsing – residents of Cagayan de Oro
City – are married. Six months into their marriage, Josie leaves for
Taiwan as an OFW. Rodrigo then went to Valenzuela City to look for
an agency that will hire him to work abroad. However, Rodrigo ceased
communicating with Josie since 2002. Upon Josie’s return from Taiwan
in 2005, she exerted efforts to ascertain the whereabouts of Rodrigo.
Her efforts include: asking relatives and friends, asking for police help,
posting a public service announcement via the local radio.
On May 9, 2014, Josie filed a petition for presumptive death of Rodrigo
for the purpose of remarriage before the RTC in Bayugan, Agusan del
Sur. The RTC granted such petition.
Hence this current petition by the OSG. In this case, the OSG cited two
cases: Republic v. CA and Republic v. Granada (See Recit-ready
summary and Law or Doctrine Applied)
III. Issue/s
W/n Josie sufficiently proved the presumptive death of Rodrigo thereby
capacitating her to remarry? No (Not yet as the case is remanded to the
RTC)
IV. Holding/s
In remanding the case back to the RTC for further reception of evidence from
Josie, the Supreme Court is assumed to have taken the points of the Office of
the Solicitor General. The OSG contends that Josie failed to corroborate her
claims of conducting a diligent search in establishing a well-founded belief
that her husband truly is dead. In establishing her failure to establish a well-
founded belief, the OSG cited two cases, namely: Republic v. Court of
Appeals and Republic v. Granada (See Law or Doctrine Applied or Recit-
ready summary). The OSG contends that other than Rodrigo’s absence or lack
of communication, there are no other circumstances that would lead to the
conclusion of Rodrigo’s death. Furthermore, corroborative proof must be
presented to substantiate her allegations that not only was a diligent search
conducted but also that there truly is well-founded belief that Rodrigo is dead.
PETITIONER/APPELLANT: Republic of the Philippines
RESPONDENT: Josie R. Leveste
 [G.R. 235580 | February 13, 2019] [Article 41 of the Family Code]
[Republic v. Leveste] [Republic v. Leveste]

Essentially, more proof is necessary to ascertain a well-founded belief of penchant for detail made the digest-maker decide for the close
Rodrigo’s death. resemblance of the facts and the recit-ready summary.
VII. Random Facts
V. Law or Doctrine Applied ● Ponente: SC First Division (did not reach En Banc)
In Republic v. CA it was established that a “well-founded belief” under
Article 41 of the Family Code must “be the result of proper and honest
to goodness inquiries and efforts to ascertain the whereabouts of the
absent spouse.” Whether or not a spouse acted on such a belief in
assuming the death of an absent spouse could be ascertained depending
on inquiries surrounding circumstances before and after the
disappearance of the absent spouse and the nature and extent of such
inquiries. The alleged earnest efforts by the spouse in this case (which
were not accepted by the Supreme Court) are the following:
1) Going to in-laws to ask for his wife
2) Sought the aid of barangay captain
3) Inquired among his friends
4) Worked as a taxi driver in Manila to look for spouse in malls
5) Went back to Catbalogan and again looked for her
6) Reported her disappearance to the local police and the NBI
In Republic v. Granada, the court ruled against the surviving spouse as the
spouse did not report to the police nor seek the aid of mass media.
Furthermore, the police certification presented is not authenticated and the
persons whom she inquired to were not presented in court.

VI. Disposition
WHEREFORE, the case docketed as SPL PROC No. 1868 is
REMANDED to the Regional Trial Court of Bayugan City, Agusan del
Sur, Branch 7 to conduct further proceedings for the reception of
evidence to prove the presumptive death of Rodrigo D. Rapsing.

VII. Separate Opinions

VIII. Additional Notes

1. The Recit-ready summary closely resembles the fats of the case
because the case is extremely short; this, on top of Atty. Arroyo’s
2

[Persons - 2019] PETITIONER/APPELLANT: Republic of the Philippines

DIGEST AUTHOR: Renson RESPONDENT: Josie R. Leveste