PRESUMPTION OF DEATH

What are the kinds of presumed death?

1. Ordinary presumption-ordinary absence; absentee disappears under normal conditions without danger or idea of death.

2. Extraordinary presumption-qualified absence; disappearance with great probability of death.

What are the rules in ordinary presumption of death?

In case of:

1. Disappearance upon or before reaching the age of seventy five (75) years:

a. After an absence of seven (7) years?

The absentee is presumed dead for all purposes except, succession.

b. After an absence of ten (10) years?

The absentee is presumed dead for all purposes including succession.

2. Disappearance at the age of seventy six (76) years or older: a. After an absence of five (5) years?

The absentee is presumed dead for all purposes including succession.

When is the absentee presumed to have died under an ordinary presumption?

At the end of the five, seven or ten year period as the case may be.

Who are presumed dead for all purposes including the division of estate among heirs in case of extraordinary presumption of death?

1. Person on board a Vessel lost during a sea voyage, or an airplane which is missing, who has not been heard of for four (4) years since the loss of the vessel or airplane;

2. Person in the Armed forces who has taken pat in war, and has been missing for four (4) years;

3. Person who has been in Danger of death under other circumstances and his existence has not been known for four (4) years.