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

Question A
Subject: Natural Persons
Topic: Proof of Death - Civil Code, Art. 43, Rules of Court, Rule 131, sec. 3 (jj)

Scenario:

John and Jane are married for 10 years and have two children. One day, John mysteriously disappears without a trace. After diligent efforts and searches, Jane believes that John is already dead. She wants to settle the estate and have John legally declared dead.

Based on the given scenario and the relevant provisions of law, answer the following questions:

What is the legal process in the Philippines for declaring a person legally dead?
What are the requirements for proving the death of a person?
What is the effect of a judicial declaration of death on the rights and obligations of the missing person?
What remedies are available to Jane and their children in case John is declared legally dead?

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