EN BANC [ G.R. No. 184621, December 10, 2013 ] REPUBLIC OF THE PHILIPPINES, PETITIONER, VS. MARIA FE ESPINOSA CANTOR, RESPONDENT. The application of this stricter standard becomes even more imperative if we consider the State’s policy to protect and strengthen the institution of marriage. Since marriage serves as the family’s foundation and since it is the state’s policy to protect and strengthen the family as a basic social institution, marriage should not be permitted to be dissolved at the whim of the parties. In interpreting and applying Article 41, this is the underlying rationale – to uphold the sanctity of marriage. Arroyo, Jr. v. Court of Appeals reflected this sentiment when we stressed: [The] protection of the basic social institutions of marriage and the family in the preservation of which the State has the strongest interest; the public policy here involved is of the most fundamental kind. In Article II, Section 12 of the Constitution there is set forth the following basic state policy: The State recognizes the sanctity of family life and shall protect and strengthen the family as a basic autonomous social institution. Strict Standard Prescribed Under Article 41 of the Family Code Is for the Present Spouse’s Benefit The requisite judicial declaration of presumptive death of the absent spouse (and consequently, the application of a stringent standard for its issuance) is also for the present spouse’s benefit. It is intended to protect him/her from a criminal prosecution of bigamy under Article 349 of the Revised Penal Code which might come into play if he/she would prematurely remarry sans the court’s declaration. Upon the issuance of the decision declaring his/her absent spouse presumptively dead, the present spouse’s good faith in contracting a second marriage is effectively established. The decision of the competent court constitutes sufficient proof of his/her good faith and his/her criminal intent in case of remarriage is effectively negated. Thus, for purposes of remarriage, it is necessary to strictly comply with the stringent standard and have the absent spouse judicially declared presumptively dead. Final Word As a final word, it has not escaped this Court’s attention that the strict standard required in petitions for declaration of presumptive death has not been fully observed by the lower courts. We need only to cite the instances when this Court, on review, has consistently ruled on the sanctity of marriage and reiterated that anything less than the use of the strict standard necessitates a denial. To rectify this situation, lower courts are now expressly put on notice of the strict standard this Court requires in cases under Article 41 of the Family Code.
Posted on: Sun, 28 Dec 2014 14:56:50 +0000
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