Question

Mr. Juan de la Cruz is a wealthy businessman who has been missing for several years. His family wants to settle his estate, but they need to establish his death first. The family has gathered evidence and documentation to support their claim, but they want to understand the legal requirements for proving death.

Based on the Civil Code, Article 43, and the Rules of Court, Rule 131, Section 3 (jj), discuss the following:

1. Explain the concept of "proof of death."
2. What are the presumptions in favor of death under the law?
3. What are the methods by which the absence of a person can be proved?
4. What evidence is required to establish the date of death?
5. In the absence of a body, can a person be declared legally dead? Explain.