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CELERINA J. SANTOS, PETITIONER, VS. RICARDO T. SANTOS, RESPONDENT.

CELERINA J. SANTOS, PETITIONER, VS. RICARDO T. SANTOS, RESPONDENT.

G.R. No. 187061 | 2014-10-08

SECOND DIVISION
 
D E C I S I O N
 
LEONEN, J.:
 
The proper remedy for a judicial declaration of presumptive death obtained by extrinsic fraud is an action to annul the judgment. An affidavit of reappearance is not the proper remedy when the person declared presumptively dead has never been absent.
 
This is a petition for review on certiorari filed by Celerina J. Santos, assailing the Court of Appeals' resolutions dated November 28, 2008 and March 5, 2009. The Court of Appeals dismissed the petition for the annulment of the trial court's judgment declaring her presumptively dead.
 
On July 27, 2007, the Regional...