All ▸ Bar 2024 ▸ CIVIL LAW ▸ III. PERSONS AND FAMILY RELATIONS ▸ A. Natural Persons ▸ 3. Proof of Death - Civil Code, Art. 43, Rules of Court, Rule 131, sec. 3 (jj)

Question

A. Natural Persons - Proof of Death

Scenario:

John, a resident of Manila, was declared missing after a boating accident. His family conducted extensive search efforts, but after several years, they still could not locate him. There was no evidence suggesting that he had survived the accident. His family is now considering legal actions to settle his estate and affairs.

Questions:

What are the methods of proving the death of a person under Philippine law?
Discuss the requirements and procedure for the presumption of death under Article 43 of the Civil Code.
Under Rule 131, Section 3 (jj) of the Rules of Court, what is the evidentiary weight of a certificate issued by the local civil registrar attesting to the fact of death?

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