Valdez vs Republic

Valdez vs. Republic

GR No. 180863, September 8, 2009

FACTS:

Angelita Valdez was married with Sofio in January 1971.  She gave birth to a baby girl named Nancy.  They argued constantly because Sofio was unemployed and did not bring home any money.  In March 1972, the latter left their house.  Angelita and her child waited until in May 1972, they decided to go back to her parent’s home.  3 years have passed without any word from Sofio until in October 1975 when he showed up and they agreed to separate and executed a document to that effect.  It was the last time they saw each other and had never heard of ever since.  Believing that Sofio was already dead, petitioner married Virgilio Reyes in June 1985.  Virgilio’s application for naturalization in US was denied because petitioner’s marriage with Sofio was subsisting.  Hence, in March 2007, petitioner filed a petition seeking declaration of presumptive death of Sofio.

ISSUE: Whether or not petitioner’s marriage with Virgilio is valid despite lack of declaration of presumptive death of Sofio.

HELD:

The court ruled that no decree on the presumption of Sofio’s death is necessary because Civil Code governs during 1971 and not Family Code where at least 7 consecutive years of absence is only needed.  Thus, petitioner was capacitated to marry Virgilio and their marriage is legal and valid.