Republic v. Granada, G.R. No. 187512, June 13, 2012

FACTS: Cyrus and Yolanda Granada, both employees of Sumida Electric Company, got married in 1993. In May 1994, when Sumida Electric Philippines closed down, Cyrus went to Taiwan to seek employment. Yolanda claimed that from that time, she did not receive any communication from her husband, notwithstanding efforts to locate him. Her brother testified that he had asked the relatives of Cyrus regarding the latter’s whereabouts, to no avail. After 9 years of waiting, Yolanda filed a Petition to have Cyrus declared presumptively dead with the RTC Lipa City. On February 7, 2005, the RTC rendered a Decision declaring Cyrus as presumptively dead. On 10 March 2005, OSG, filed a Motion for Reconsideration  arguing that Yolanda had failed to exert earnest efforts to locate Cyrus and thus failed to prove her well-founded belief that he was already dead. The motion was denied. The OSG then elevated the case on appeal to the Court of Appeals. Yolanda filed a Motion to Dismiss on the ground that the CA had no jurisdiction over the appeal. She argued that her Petition for Declaration of Presumptive Death, based on Article 41 of the Family Code, was a summary judicial proceeding, in which the judgment is immediately final and executory and, thus, not appealable.. Petitioner moved for reconsideration, which was denied. Hence, the present petition under Rule 45.

ISSUE: Whether the order of the RTC in a summary proceeding for the declaration of presumptive death is immediately final and executory upon notice to the parties and, hence, is not subject to ordinary appeal.

HELD: Yes, the declaration of presumptive death is final and immediately executory. Even if the RTC erred in granting the petition, such order can no longer be assailed.