Republic v. Lorino

Summary

Gloria Bermudez-Lorino sought judicial declaration of her husband's presumptive death after nine years of absence without communication following their separation in 1991 due to his violent character. The RTC granted the petition under Article 41 of the Family Code, but the Republic appealed despite the judgment being immediately final and executory under Article 247. The Court of Appeals affirmed the RTC decision instead of dismissing the appeal for lack of jurisdiction. The Supreme Court denied the Republic's petition, ruling that judgments in Family Code summary proceedings are not appealable and both lower courts erred in entertaining the appeal. The case establishes that Article 247 renders such judgments immediately final and executory, precluding any right of appeal, and appellate courts cannot acquire jurisdiction over such non-appealable judgments.