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Republic of the Philippines Vs. Ferventino U, Tango

REPUBLIC OF THE PHILIPPINES, Petitioner, versus FERVENTINO U. TANGO, Respondent.

G.R. No. 161062 | 2009-07-31

DECISION


QUISUMBING, J.:

This is a petition for review on certiorari of the Decision[1] dated November 28, 2003 of the Court of Appeals in CA-G.R. CV No. 76387 which denied the Republic's appeal from the Order[2] dated July 23, 2002 of the Regional Trial Court (RTC) of Ligao City, Branch 11 in Special Proceeding No. 357. The trial court had declared the wife of respondent Ferventino U. Tango (Ferventino), Maria Jose Villarba (Maria), presumptively dead under Article 41[3] of the Family Code.

The present controversy arose from the following facts:

On March 9, 1987, Ferventino and Maria were married[4] in civil rites before then Mayor...