Republic vs Madrona Case Digest GR 163604 May 6, 2005 458 SCRA 200

Republic vs Madrona Case Digest

G.R. 163604 ; May 6, 2005 ; 458 SCRA 200 

PRINCIPLES:

1. A petition for declaration of presumptive death for the purpose of contracting a subsequent marriage is not a special proceeding. It is a summary ordinary proceeding.

2. Ordinary civil action vs. Special proceeding

- Ordinary civil action = one by which a party sues another for the enforcement or protection of a right, or the prevention of redress of a wrong (Section 3(a), Rule 1 of the Rules of Court)

            - period to appeal = 15 days

- perfection of appeal = notice of appeal

- Special proceeding = a remedy by which a party seeks to establish a status, a right or a particular fact (Section 3(c) Rule 1 of the Rules of Court)

            - period to appeal = 30 days

- perfection of appeal = notice of appeal + record on appeal

FACTS: Regional Trial Court granted the petition for declaration of presumptive death and accordingly declared the absentee spouse, who had left his petitioner-wife nine years earlier, presumptively dead. The Republic, through the OSG, sought to appeal the RTC’s order by filing a Notice of Appeal. RTC disapproved the Notice of Appeal since RTC believed that the present case is a special proceeding that needs a record of appeal to perfect the appeal.  The Republic filed a Motion for Reconsideration which was denied. The Republic then filed a Petition for Certiorari before the Court of Appeals which was also denied on the same grounds.

ISSUE: WON a petition for declaration of the presumptive death of a person is in the nature of a special proceeding

HELD: NO. A petition for declaration of presumptive death is a summary ordinary proceeding and not a special proceeding.

It is an ordinary proceeding since Rule 109 of the Revised Rules of Court, which enumerates the cases wherein multiple appeals are allowed and a record on appeal is required for an appeal to be perfected, does not include declaration of presumptive death of an absent spouse in its enumeration.

It is a summary proceeding since Article 41 of the Family Code provides that a petition for declaration of presumptive death for the purpose of contracting the subsequent marriage is a summary proceeding.

Not being a special proceeding, the petition therefore does not need a record of appeal to perfect the appeal. Rule 41, Section 2 subsection (a) of the Revised Rules of Court provide that a record of appeal is only needed in special proceedings and other cases of multiple or separate appeals where the law or these Rules so require.