January 10, 2021

Ms. Maria Clara

123 J.P Rizal St.,
Quezon City, 1117

Dear Ms. Clara,

You requested legal opinion from our law firm in regards the disappearance of your mother
sometime in early 2002, who is an OFW in Qatar. And up until now the whereabouts is unknown. Also,
to add, an inquiry about the life insurance of your mother which was fully paid in 1995.

You have asked the implications for the heir of your mom as far as Philippine laws are
concerned. Our Answer is that as per the the Civil Code of the Philippines, in regards with the
disappearance of your mother, it states that after the absence of seven years, whether living or not, may be
presumptioned as dead for any civil purpose, to wit:

Art. 390. After an absence of seven years, it being unknown whether or not the
absence still lives, he shall be presumed dead for all purposes except for those of
succession.

The absentee shall not be presumed dead for the purpose of opening his
succession till after an absence of five years shall be sufficient in order that his
succession may be opened.

Art. 391. The following shall be presumed dead for all purposes, including the
division of the estate among the heirs:

(1) A person on board a vessel lost during a sea voyage, or an aeroplane which is
missing, who has not been heard of for four years since the loss of the vessel or
aeroplane;

(2) A person in the armed forces who has taken part in war, and has been missing
for four years;

(3) a person who has been in danger of death under other circumstances and his
existence has not been known for four years.

And in regards with the insurance policy that was paid in full in 1995, our laws as stated in the Insurance
Code of the Philippines, states that;
 Section 10. Every person has an insurable interest in the life and health:

(a) Of himself, of his spouse and of his children;

(b) Of any person on whom he depends wholly or in part for education or
support, or in whom he has a pecuniary interest;
(c) Of any person under a legal obligation to him for the payment of money, or
respecting property or services, of which death or illness might delay or prevent
the performance; and
(d) Of any person upon whose life any estate or interest vested in him depends.

Section 11. The insured shall have the right to change the beneficiary he
designated in the policy, unless he has expressly waived this right in said policy.
Notwithstanding the foregoing, in the event the insured does not change the
beneficiary during his lifetime, the designation shall be deemed irrevocable.

As stated in abovementioned paragraphs, the claim will be valid as your mothers whereabouts is unknown
up to this day. We recommend that you will obtain the information in regards with the insurance policy
that you mother paid in full and to know who are the beneficiaries on the said insurance in order to file a
claim to the insurer.

Sincerely yours,

Omar S. Alhadramy
Legal Counsel