When is Someone Presumed Dead? | 27 January 2024

After an absence of seven years, it being unknown whether or not the absentee still lives, he shall be presumed dead for all purposes, except for those of succession

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Alburo Law
January 27, 2024

When is Someone Presumed Dead?

After an absence of seven years, it being unknown whether or not the absentee still lives, he shall be presumed dead for all purposes, except for those of succession.

The absentee shall not be presumed dead for the purpose of opening this succession till after an absence of ten years. If he disappeared after the of seventy-five years, an absence of five years shall be sufficient in order that his succession may be opened. (Article 390 of the New Civil Code of the Philippines)

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