Public Office is a public trust.

However, there is limited accountability on the

part of public officers vested with management prerogative in extending personn
el actions, particularly in appointments.
While there are certain safeguards, like the limitation against nepotism, and
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Art. 41. A marriage contracted by any person during the subsistence of a previou
s marriage shall be null and void, unless before the celebration of the subseque
nt marriage, the prior spouse had been absent for four consecutive years and the
spouse present had a well-founded belief that the absent spouse was already dea
d. xxx
Research Topic/Title
Defining "Well-Founded Belief" in Declaration of Presumptive Death Cases for Pur
pose of Contracting a Subsequent Marriage under Article 41 of the Family Code
Ambiguous/Difficult Question of Law at Issue
The first sentence of Article 41 provides:
"A marriage contracted by any person during the subsistence of a previous marria
ge shall be null and void, unless before the celebration of the subsequent marri
age, the prior spouse had been absent for four consecutive years and the spouse
present had a well-founded belief that the absent spouse was already dead. xxx
The definition of well-founded belief is not defined in the pertinent law. There
is a need to fill in this gap in the law in a manner that does not impose an in
iquitous burden on the present spouse alone, but taking into account the mutual
marital obligations under Article 68 of the Family Code.
Novelty of the Proposal:
The research will attempt to tread new ground by defining "well-founded belief"
and examining the context under which Article 41 and the related provisions were
established. The researchers will also try to harmonize pertinent jurisprudenc
e with the legislative intent.
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Take Two:
Research Topic/Title
Liability of Local Government Units and Officials for Torts in the Performance o
f Governmental Functions per Section 24 of the Local Government Code
Ambiguous/Difficult Question of Law at Issue
Section 24 of the Local Government Code provides:
Liability for Damages. - Local government units and their officials are not exem
pt from liability for death or injury to persons or
damage to property.
In several cases, i.e., Municipality of San Fernando vs. Firme, Palafox vs. Prov
ince of Ilocos Norte, and Palma vs. Garciano, the Court has consistently held t
hat a local government unit is engaged in governmental functions, it is not liab
le for tort.
However, these cases were decided prior to the effectivity of the Local Governme

nt Code. Hence, consideration should also be given in the introduction of Sectio

n 24 of the Local Government Code, moreso, given that the letter of the law is c
lear, the mandatory nature of the provision through the use of negative words, a
nd the legislative intent in introducing said provision.
Novelty of the Proposal
There has yet to be a set of guidelines relative to this matter. Hence, the rese
arches will attempt to piece together a cohesive interpretation of the subject "
ambiguous" provision of law vis-a-vis jurisprudence within and without the Phili
ppines, in keeping with the State policy and legislative intent.