XX.

Declaration of Presumptive Death

A. Requisites of marriage after the declaration of Presumptive Death under Art 41 of the FC:
(1) That the absentee spouse has been missing for 4 consecutive years or 2 consecutive yrs
if the disappearance occurred where there is danger of death under circumstances laid
down in Art 391 of the NCC;
(2) The present spouse wishes to remarry;
(3) The present spouse has well-founded belief that the absentee is dead; &
(4) The present spouse initiates a summary proceeding for the declaration of presumptive
death & a decision is rendered therein.

B. Due Diligence Required for Well-Founded Belief

It must be shown that there is a due diligence in determining if the absent spouse is
already dead. W/out such exercise of due diligence, it cannot be said that there is a well-
founded belief. The belief of the present spouse must be the result of proper & honest to
goodness inquiries & effort to ascertain the whereabouts of the absent spouse & whether
the absent spouse is still alive or already dead.

C. Effect of Reappearance of Absent Spouse

The subsequent bigamous marriage under Art 41 remains valid despite reappearance of
the absentee spouse (who has been declared presumptively dead)
a) Remedy to terminate Second Marriage:
(i) Recording in the Civil Registry of an affidavit of reappearance by absent spouse
AUTOMATICALLY terminates the second marriage, UNLESS the first marriage was
Already declared annulled or null & void.

b) Effects of Termination of Second Marriage:

(i) The children of the 2nd marriage conceived prior to its termination shall be
considered legitimate;
(ii) The absolute commty or conj partnership of the 2nd marriage shall be dissolved &
liquidated. If either spouse acted in BF, his share in the net profits shall be
forfeited:
(1) in favor of the common children;
(2) if none, in favor of the children of the guilty spouse by previous marriage; or
(3) in default of children, in favor of the innocent spouse;
(iii) Donations by reason of the marriage remain valid---Exception: if the done
contracted the marriage in BF inw/c case the donation shall be considered
revoked.
(iv) The innocent spouse may revoke the designation of the spouse in BF as the
beneficiary in any insurance policy; &
(v) The spouse who contracted the 2nd marriage in BF shall be disqualified to inherit
from the innocent spouse by testate or intestate succession.

D. No Appeal
The dec in a summary proceeding for declaration of presumptive death is not appealable
& executory upon notice to the parties.