8/12/2019 Republic v Nolasco_arriola(Alonto)

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REPUBLIC v NOLASCO

220 SCRA 20

FACTS: The respondent Gregorio Nolasco was a seaman. During one o his ship!s portcalls in "ngland# he met $anet %onica &ar'er in a (ar. $anet li)ed with respondent

Nolasco on his ship or si* +,- months until the respondent!s contract was e*pired and

returned to the hometown o the respondent. The got married in San $ose# Anti/ue on 1$anuar 32 through Catholic rites. Ater the marriage cele(ration the respondent

o(tained another contract and let his wie to his mother in San $ose. Sometime on

$anuar 34# Nolasco recei)ed a letter rom his mother inorming him that his wie had

let ater gi)en (irth to their son. Respondent immediatel as'ed permission to lea)e toloo' or his wie. According to Nolasco his eorts to ind her +&ar'er- in "ngland was

ruitless. 5n 33# Nolasco petitioned or a declaration o presumpti)e death o $anet.

5SS6": 7hether or not Nolasco has a well8ounded (elie that his wie is alread dead.

R695NG: According to the respondent he as'ed their riends in "ngland who 'nows$anet o her wherea(outs# instead o as'ing the assistance o the authorities in "ngland.

7hereore# the court (elie)es that Nolasco ailed to conduct a search or his missing wie

with such diligence as to gi)e rise to a well8ounded (elie that she is dead.

Digested (: Alonto# ;edaa %.

8/12/2019 Republic v Nolasco_arriola(Alonto)

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