RULE 131 (BURDEN OF PROOF AND PRESUMPTIONS) Section 1. Burden of Proof. Section 2. Conclusive presumptions. a.

Estoppel in pais (act, declaration, or omission). b. Landlord and tenant relationship. Section 3. Disputable presumptions. (i) That prior rents or installments had been paid when a receipt for the later ones is produced. (m) That official duty has been regularly performed. (p) That private transactions have been fair and regular. (q) That ordinary course of business has been followed. (w) Presumptions of Death

Absence 7 years 10 years

Condition/Circumstance Unknown WON absentee still lives. For purposes of succession.

4 years

(1) Vessel lost, aircraft missing. (2) Armed forces who took part in armed hostilities. (3) Person in danger of death under other circumstances. (4) Married person, subsequent marriage; well-founded belief. Disappearance where there is danger of death.

Presumption Dead for all purposes; Except: succession. Considered dead. Except: Absentee is 75years/old; succession may be opened in 5 years. Dead for all purposes including division of estate among heirs. SAA. SAA. SAA. May contract a subsequent marriage after a summary proceeding for declaration of presumptive death.

2 years

(aa) Contract of marriage. (bb) Property- capacitated to marry without benefit of marriage/ void marriage: obtained by joint efforts, work or industry.