Practice question
An ordinary absentee disappeared at age forty and has been unheard from for eight years. There is no Article391 danger circumstance or proof of actual death. Does Article390’s seven-year general presumption alone open succession?
- No; ordinary succession requires the ten-year rule on these facts
- Yes; every purpose uses seven years
- Yes; one year is always enough
- Yes; the heirs’ preference supplies death
- Yes; court venue alone proves death
Legal references
- Rule73 Sections2–4: https://lawphil.net/courts/rules/rc_72-109_proceedings.html
- Civil Code Articles390–391: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html Succession presumptions only.
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