Emancipation and Age of Majority

Study the concept of Emancipation and Age of Majority, Read Codal Provisions on Module 11 &
12, self-explanatory

By emancipation, the parental authority over a person and/or property shall cease and the
person shall be generally qualified in all aspects of civil life.

Cases under summary proceedings:

1. Art. 41 - Declaration of presumptive death for purposes of remarriage

Art. 41. A marriage contracted by any person during subsistence of a previous marriage
shall be null and void, unless before the celebration of the subsequent marriage, the
prior spouse had been absent for four consecutive years and the spouse present has a
well-founded belief that the absent spouse was already dead. In case of disappearance
where there is danger of death under the circumstances set forth in the provisions of
Article 391 of the Civil Code, an absence of only two years shall be sufficient.

For the purpose of contracting the subsequent marriage under the preceding paragraph
the spouse present must institute a summary proceeding as provided in this Code for the
declaration of presumptive death of the absentee, without prejudice to the effect of
reappearance of the absent spouse.

Article 391. a.) a person on board a vessel lost during a sea voyage, or an aeroplane
which is missing. b.) A person in the armed forces who has taken part in war. c.) A
person who has been in danger of death under other circumstances.

*Judicial declaration of presumptive death is necessary only for the purpose of

contracting a subsequent marriage. Article 41 of the family code provides that the
purpose of contracting a subsequent marriage contracted by a person who had a
well-founded belief that his/her prior spouse who had been absent for 4 consecutive
years was already dead, the spouse present must institute a summary proceeding for
declaration of presumptive death of the absentee.

2. Art. 51 - Delivery of presumptive legitime

Art. 51. In said partition, the value of the presumptive legitimes of all common children,
computed as of the date of the final judgment of the trial court, shall be delivered in cash,
property or sound securities, unless the parties, by mutual agreement judicially
approved, had already provided for such matters.

The children or their guardian or the trustee of their property may ask for the
enforcement of the judgment.
 The delivery of the presumptive legitimes herein prescribed shall in no way prejudice the
ultimate successional rights of the children accruing upon the death of either of both of
the parents; but the value of the properties already received under the decree of
annulment or absolute nullity shall be considered as advances on their legitime.

3. Fixing of family domicile in case of disagreement

Art. 69. The husband and wife shall fix the family domicile. In case of disagreement, the
court shall decide.

The court may exempt one spouse from living with the other if the latter should live
abroad or there are other valid and compelling reasons for the exemption. However,
such exemption shall not apply if the same is not compatible with the solidarity of the
family.

4. Art. 73 - Resolution of Propriety of an objection of exercise of activity of one of

spouses

Art. 73. Either spouse may exercise any legitimate profession, occupation, business or
activity without the consent of the other. The latter may object only on valid, serious, and
moral grounds.

In case of disagreement, the court shall decide whether or not:

(1) The objection is proper; and

(2) Benefit has occurred to the family prior to the objection or thereafter. If the benefit
accrued prior to the objection, the resulting obligation shall be enforced against the
separate property of the spouse who has not obtained consent.

The foregoing provisions shall not prejudice the rights of creditors who acted in good
faith.

5. Judicial Authority to dispose or encumber absolute conjugal property

- {ACP} Art. 96. The administration and enjoyment of the community property shall belong
to both spouses jointly. In case of disagreement, the husband’s decision shall prevail,
subject to recourse to the court by the wife for proper remedy, which must be availed of
within five years from the date of the contract implementing such decision.
In the event that one spouse is incapacitated or otherwise unable to participate in the
administration of the common properties, the other spouse may assume sole powers of
administration. These powers do not include disposition or encumbrance without
authority of the court or the written consent of the other spouse. In the absence of such
authority or consent, the disposition or encumbrance shall be void. However, the
transaction shall be construed as a continuing offer on the part of the consenting spouse
 and the third person, and may be perfected as a binding contract upon the acceptance
by the other spouse or authorization by the court before the offer is withdrawn by either
or both offerors. (206a)
Art. 97. Either spouse may dispose by will of his or her interest in the community
property. (n)
Art. 98. Neither spouse may donate any community property without the consent of the
other. However, either spouse may, without the consent of the other, make moderate
donations from the community property for charity or on occasions of family rejoicing or
family distress
- {CPG} Art. 124. The administration and enjoyment of the conjugal partnership shall
belong to both spouses jointly. In case of disagreement, the husband’s decision shall
prevail, subject to recourse to the court by the wife for proper remedy, which must be
availed of within five years from the date of the contract implementing such decision.
In the event that one spouse is incapacitated or otherwise unable to participate in the
administration of the conjugal properties, the other spouse may assume sole powers of
administration. These powers do not include disposition or encumbrance without
authority of the court or the written consent of the other spouse. In the absence of such
authority or consent, the disposition or encumbrance shall be void. However, the
transaction shall be construed as a continuing offer on the part of the consenting spouse
and the third person, and may be perfected as a binding contract upon the acceptance
by the other spouse or authorization by the court before the offer is withdrawn by either
or both offerors. (165a)
Art. 125. Neither spouse may donate any conjugal partnership property without the
consent of the other. However, either spouse may, without the consent of the other, make
moderate donations from the conjugal partnership property for charity or on occasions of
family rejoicing or family distress.

*The law requires that the petition should state the reason why the consent cannot be
secured, because if there is a good reason for withholding consent, then, the court would
deny the petition. Upon the filing of the petition, the court shall notify the parties; and for
the party who refuses to give consent to the transaction, to show why it should not be
granted. If the said spouse fails to appear, the court shall inquire into the reason for the
non-appearance. But if there is still non-appearance, the court may hear the petition
ex-parte and render judgment as may be warranted by evidence. If granted, the court
shall make provisions for the protection of the interests of the non-appearing party. The
decision is final and executory. That means, it cannot be appealed, except in cases of
grave abuse of discretion amounting to lack of jurisdiction.

*After the perfection of the contract of sale, the spouse selling the property of the
community properties must ask for the approval of the same court which gave the
authority to sell; otherwise the contract is unenforceable.
6. Action for entrusting of the parental authority over foundlings, neglected,abused
or abandoned children to heads of orphanage & other accredited bodies

Art. 217. In case of foundlings, abandoned neglected or abused children and other
children similarly situated, parental authority shall be entrusted in summary judicial
proceedings to heads of children’s homes, orphanages and similar institutions duly
accredited by the proper government agency.

TITLE XI
Chapter 3. Incidents Involving Parental Authority

Art. 249. Petitions filed under Articles 223, 225 and 235 of this Code involving parental
authority shall be verified.

Art. 250. Such petitions shall be verified and filed in the proper court of the place where
the child resides.

Art. 251. Upon the filing of the petition, the court shall notify the parents or, in their
absence or incapacity, the individuals, entities or institutions exercising parental authority
over the child.

Art. 252. The rules in Chapter 2 hereof shall also govern summary proceedings under
this Chapter insofar as they are applicable.

7. Action for order providing disciplinary measures over the child

- ​Art. 223. The parents or, in their absence or incapacity, the individual, entity or
institution exercising parental authority, may petition the proper court of the place where
the child resides, for an order providing for disciplinary measures over the child. The
child shall be entitled to the assistance of counsel, either of his choice or appointed by
the court, and a summary hearing shall be conducted wherein the petitioner and the
child shall be heard.

However, if in the same proceeding the court finds the petitioner at fault, irrespective of
the merits of the petition, or when the circumstances so warrants, the court may also
order the deprivation or suspension of parental authority or adopt such other measures
as it may deem just and proper.

8. Petition for approval of bond in case of guardianship over the property of minor
child when the annual income of a child exceeds 50 thousand pesos (Rationale: It
is for the protection of the property of the child)

Art. 225. The father and the mother shall jointly exercise legal guardianship over the
property of the unemancipated common child without the necessity of a court
 appointment. In case of disagreement, the father’s decision shall prevail, unless there is
a judicial order to the contrary.

Where the market value of the property or the annual income of the child exceeds
P50,000, the parent concerned shall be required to furnish a bond in such amount as the
court may determine, but not less than ten per centum(10%) of the value of the property
or annual income, to guarantee the performance of the obligations prescribed for general
guardians.

A verified petition for approval of the bond shall be filed in the proper court of the place
where the child resides, or, if the child resides in a foreign country, in the proper court of
the place where the property or any part thereof is situated.

The petition shall be docketed as a summary special proceeding in which all incidents
and issues regarding the performance of the obligations referred to in the second
paragraph of this Article shall be heard and resolved.

The ordinary rules on guardianship shall be merely suppletory except when the child is
under substitute parental authority, or the guardian is a stranger, or a parent has
remarried, in which case the ordinary rules on guardianship shall apply. (320a)

*Parents have the right to administer the property but it does not include encumbrance
or the disposition of said property without court authorization.

9. Summary Proceeding if you need judicial authorization for transactions where the
consent of one spouse in the event that the spouses are separated in fact. If the
other spouse withholds consent or consent cannot be obtained then the present
spouse can ask for judicial authorization through a summary proceeding.

- Art. 127. The separation in fact between husband and wife shall not affect the regime of
conjugal partnership, except that:

(1) The spouse who leaves the conjugal home or refuses to live therein, without just
cause, shall not have the right to be supported;

(2) When the consent of one spouse to any transaction of the other is required by law,
judicial authorization shall be obtained in a summary proceeding;

(3) In the absence of sufficient conjugal partnership property, the separate property of
both spouses shall be solidarily liable for the support of the family. The spouse present
shall, upon petition in a summary proceeding, be given judicial authority to administer or
encumber any specific separate property of the other spouse and use the fruits or
proceeds thereof to satisfy the latter’s share. (178a)
 10. Judicial Authority to administer or encumber specific separate property of an
abandoning spouse and to use the fruits or proceeds of this separate properties
for the support of family

Art. 248. The petition for judicial authority to administer or encumber specific separate
property of the abandoning spouse and to use the fruits or proceeds thereof for the
support of the family shall also be governed by these rules.

[Take note that under the Family Code: Claims from damages by the other spouse may
be litigated only in a separate action which is not a summary proceeding.]

11. Other actions in Family Code that Dean Delson did not mention are governed by
Rules of Court or Administrative Matters we have discussed in relation to nullity,
annulment, legal separation, & etc.

12. Cancellation / Correction of entry in civil register

- Civil Register would refer to records or books maintained by the civil registrar and all the
related documents in this book. These are public documents and are prima facie
evidence of the facts recorded therein. [Kasama diyan kung saan nakarecord ang mga
birth certificate/marriage contract]

What Must Be Recorded in the Civil Register?

- Acts, Events, Judicial Decrees involving or concerning the civil status of persons
shall be recorded in the civil register. That would include birth, death, marriage,
legal separation, annulment of marriage, declaration of nullity, legitimation,
adoption, acknowledgement of illegitimate children, change of nationality,
naturalization, recovery of citizenship, civil interdiction, if there is a judgment
determining filiation, change of family name, rectification of simulated birth under
R.A. 11222 need to be in a record of person in civil register.
- No entry in the civil register shall be changed or corrected without a judicial order.
[Kailangan may kaso sa korte] But exceptionally there can be an administrative
proceeding that can result in a correction or change in entry to the civil register.
This is allowed through R.A. 9048 as amended by R.A. 10172.
- Judicial Cancellation or correction of entries in the civil registry primarily under
the Rule 108 of Rules of Court. The jurisdiction is rested by law on the RTC of
the province where the corresponding civil registry is located.
 What are the entries that may be subject to cancellation of correction under Rule 108?

*Birth, death, marriage, legal separation, annulment of marriage, declaration of nullity,

legitimation, adoption, acknowledgement of illegitimate children, change of nationality,
naturalization, recovery of citizenship, civil interdiction, if there is a judgment determining
filiation, change of family name

- Under R.A. 9048 if the first name or nickname, it can be changed through administrative
proceedings.

What happens in this judicial action?

1. Filing of petition
2. Notice in publication

- Upon filing the petition the court will issue an order fixing the time and place of the case
and it will have to give notice to the persons interested who are named in the petition.
Ang importante dito sa action na ito ay ang civil registrar who must be impeded as the
party should be allowed to file an opposition to the petition other than the guided parties
who are impeded as respondents he is the official of the government who will be
mandated by the government to rectify the changes. After the hearing, the court may
either dismiss or grant the prayer in the petition and issue an order granting or
dismissing the petition. Tapos the certified true copy of the judgment will be served to the
civil registrar who shall implement the judgment by annotating the cancellation or
change.

Case of Silverio in relation to marriage SC did not allow the correction of the entry on
gender of the person who underwent sex change. Pag ikaw ay pinanganak na lalake
mamamatay ka na lalake. You cannot go through se change and ask for change in entry
for sex.
Exception is the case of Cagandahan where SC allowed the rectification of sex and
name in favor of a biologically and naturally intersex. Cagandahan suffers from
congenital adrenal hyperplasia. Yun kasi walang intervention ng medical process,
natural yun.

We also have action for change of name under the Rules of Court in this case the OSG
or provincial/city fiscal shall appear on behalf of the republic to ensure that any change
of name is for a justifiable reason. The change of name is not a right but privilege

Owang v. Cebu City Civil Registrar - State has interest in the names borne by
individuals and entities for purposes of identification and therefore they cannot as a
matter of right be allowed to change their names. The name we are referring to here is
the name recorded in the certificate of birth a person wanting to change name should
show reasonable, and compelling cause to justify such change. SC cited instances
where they allowed name change. Among others When the name is dishonorable,
ridiculous, or extremely difficult to write or pronounce. If the change will avoid confusion.
If necessitated for legitimation of a child, if in favor of a name that is continuously used
by the person and was publicly known since childhood by that name and there are other
grounds, when the name causes embarrassment, not showing that the change was for
fraudulent purposes, or prejudice public interest. In one instance the applicant showed a
sincere desire to adopt a filipino name to erase the vestiges or sign of his alien names,
from chinese to filipino the court allowed these changes, these are judicial.

We also have administrative action or remedies for correction of clerical or typographical

errors in the name made in the civil register. Change of first name or nickname under RA
9048
What are the entries that can be corrected administratively this remedy is available only
in relation with clerical or typographical mistakes which are committed in the
performance of clerical work in writing, transcribing, copying, or typing an entry in civil
register which are harmless such as misspelling in name or place, mistake of entry in
date of birth month, or day sex which is obivous. Remember however, no administrative
correction for nationality. Filipino to japanese hindi pwede, or yung age hindi pwede. RA
9048 only allows date or birth and month but not year. If a year, you need to go through
a judicial proceeding. Also the status of petitioner, from illegitimate to legitimate
kailangan judicial action yan.

Entries that may be changed → walang mali you’re changing. The change that is
allowed in administrative proceedings, only nickname or first name which refers to 1 or
more names in addition to middle and last names. Kapag first name kanya kanyang trip
yung magulang kahit isang letra okay lang or kahit limang first name combination okay
lang.

The ground for change of first name or nickname

1. If the Petitioner feels that it is ridiculous, tainted with dishonor, extremely difficult
to write or pronounce, if name was habitually and continuously used and was
publicly known by that name or change was needed to avoid confusion. If this is
the reason pwedeng palitan yung first name, pwedeng administrative process.
2. It is important to note that all petitions under the RA 9048, change of name can
only be availed once.

What are the steps?

1. Affidavit subscribed to notary public. Filed to the local registry office where the
record being corrected is kept. Or can be filed in the Local Civil Registrar where
the party is presently residing. The LCR will coordinate with each other.
2. IF the applicant is living abroad, a verified petition can be filed in the nearest
consulate office where the petitioner resides, together with the required and
supporting documents in 3 copies. Need may kopya yung civil registrar or yung
consular officer abroad, one copy sa civil registrar in general, 1 copy sa
 petitioner. The supporting documents that must be attached would include a
certified true photocopy of the certificate of the page of the registry book that
contains the entry that is sought to be corrected. Petitioner needs to attach 2
public/private documents showing the correct entries upon the correction or
change will be based. Ito yung basehan nung nagkamali na spelling sa birth
certificate for instance halimbawa yung mga sss forms, electron reg forms,
scholastic records, mga private documents, mga record sa employment. Also any
other documents that will convince the civil registrar that the correct entry should
be what is being sought by the applicant.

By way of amendment there are additional requirements for correction of erroneous

entry concerning date of birth or sex of person. Needs to include earliest school record,
medical records, baptismal cert, and other docs issued by religious authorities.
Nakalagay dun yung birthday and sex ng bata.

If the correction is specifically conerning the sex or gender according to law kailangan
may certification from government physician attesting that petitioner did not undergo sex
change.

Law also requires certification that the party applying has no pending criminal record.
Upon submission, there will be publication for the petition of change of name at least
once a week in a generally circulated newspaper for 2 consecutive weeks. Posting
requirement consul/city/municipality civil registrar to whom the petition was filed should
go over the petition. If found in order must be posted in conspicuous spaces then the
office can decide on the petition and shall render the decision. A copy has to be
transmitted to the office of civil registrar general. Office of civil registrar general has to
review the petition in full and attached docs, he can either approve or impugn if he finds
an error. Then after the office of civil registrar general decides it becomes final and
executory.

What happens if denial is meted?

- PEtitioner may
1. Appeal the decision with the office of civil registrar general; or
2. Apply for judicial review/ Certiorari under rule 65 (Module 11)

Use of surnames

Ang pangalan ng tao may given name or first name

 Importance of having a name is for purposes of identification to avoid confusion.
Traditionally you will have your first name then given by your parents, then the family
name determined by law to identify the family where the person belongs. PRincipally the
surname of father, the maternal filiation is determined by the middle name. According to
375 this would further distinguish with a similar first name or surname. The importance of
having a middle name is to distinguish.

What surname must a person use?

- If legitimate/legitimated, or children who are conceived before annulment of voidable

marriage then they are also legitimate. Law says they shall principally use the surname
of the father. Take note of Art. 364

Alanis Case SC Allowed the surname of his mother in effect dropping the surname of
father. SC stated Art. 174 of FC provides legitimate children shall have the right among
others to bear the surnames of the father and mother in conformity of civil code. Art. 364
of co principally using the surname of father. The Law requires that the child principally
use the surname of father, not exclusively use. This interpretation would give room for
the child to choose whether or not the child will use the surname of his father or his
mother. Hindi lang pang middle name ang apelyido ng nanay. Principally does not mean
exclusively. Ang importante dito who has the right to choose, then it is the child. The
child picks. It presupposes that the child will be allowed to choose when capable of
discretion already.

In one case the sc remanded to RTC Grande Antonio for the children to choose their
surname edad ay 14 or 16 then pwede na pumili

In case of an adopted child shall use the surname of the adopter. In case of
garcia-astorga the SC allowed an illegitimate child who was adopted by the biological
father to continue using her mother’s surname as her middle name. Then her father as
her last name. SC allowed since there is no express prohibition that adopted child
cannot use the biological mother’s surname. SC intimated that it would be beneficial to
keep middle name to keep her lineage. To allow the child to remain related to the lineage
of mother in relation to succession and inheritance in the family of mother.

- If illegitimate, then child shall use the surname of the mother however, illegitimate
children can use father’s surname provided their filiation has been expressly recognized
by father through the record of birth as appearing in the civil register or if there is an
admission in public document or a private handwritten instrument made by the father so
this is art. 176 as amended by RA 9255.

In the case of grand v. antonio in holding that the natural father cannot compel the use of
his surname by his illegitimate children upon his recognition of filiation. art. 176 gives
illegitimate children the choice to use the surname of father or mother who will decide
what surname will be used. USe of the word may readily show that the illegitimate child
has no compulsion to use the surname of father. May is a permissive word which gives
discretion to the illegitimate child. The SC remanded the case to RTC.

2021 case not yet full decision but it gives case of torrefranca somewhere in davao
tagum city ang sabi dito sa kaso when the birth of an illegitimate child is registered
dalawang ano lang sitwasyon yan the first is only the mother will register, expectedly the
mother will give her surname. The other situation is that, the father and the mother are
together or present at the time of registration then there is no problem. Pag ganon ang
sitwasyon in the cert of live birth there appears the name of the father and there is the
signature of the father then pwede na gamitin ng bata yung surname ng tatay. Then,
middle name yung nanay. SC stated when a child comes to reason then the child may
choose the surname he/she wants.

A married woman under the civil code can

1. Hyphen surname
2. Maiden surname then husband’s last name
3. MRs. full name of husband

While the law does not provide,

Fourth option allowed by jurisprudence

The wife can use maiden surname under remo v. secretary of foreign affairs. A married
woman has the option and not obligation to use the surname of husband. Marriage
changes the status but not necessarily changes the name.

What happens if the marriage is annulled?

- IF wife is guilty she is to revert to maiden name 002340331184
- If not the guilty party, the wife can revert, or still use the married name.
*Unless the court in the decision annulling the marriage will not allow. Or if the former
husband or woman will remarry. Magkakaroon na ng confusion.

If the husband dies, the widow can still continue using the surname of the husband, or
can revert to the maiden name.

IF they are legally separated, she will have to continue using the name prior the legal
separation

Special rule when it comes to the use of the surname of a married woman in her
passport. RA 8239 or passport act of 1996

A married woman who applies for the first time will have the option of using her maiden
name, there is no obligation for married woman to use or adopt the surname of the
 husband. When renewing, she can continue using the maiden name, or if she wants to
use the surname of the husband, she can change but she needs to submit a marriage
contract. However, when a married woman uses the husband’s surname, she may not
revert to her maiden name. Unless the marriage is dissolved (divorce, annulled, void ab
initio, husband dies).

In case of identity of names yung pag gamit ng junior or yung mga roman numerals

When it comes to change of names or surnames governed by RA 9048 or by rule 103.

What are the consequences of the unlawful use of names

- Under CC action for damages (usurpation or unlawful use of another person)
- Criminal action for using fictitious names and concealing true names under RPC, Phil.
immigaration act, tax reform act, anti money laundering act
- Anti alias act
- Search for RA 6085 ( di kasama sa exam, search nyo na lang after exams)

Funerals
- Disposal of dead is governed primarily by sanitation code of philippines
- No specific prescription for number of days before burial
- If dead by communicable disease, then the corpse must be buried within 12 hours after
death , Cannot be brought to public assembly, only adults can go to funeral
- COVID, cremate agad kasi nasa batas yan
- KApag hindi emblamed yung patay within 48 hrs dapat malibing unless there is
permission from local healt hauthorities
- Or there is a need not to bury because there is a legal investigation
- Wala akong na encounter na dapat within a number of days kailangan ilibing agad but
human nature mabubulok yan. If cremated, walang problem
- Ferdinand MArcos was literally buried years after his death nakalagay sya sa parang
naka preserve. PArang freezer ata yung mausoleum
- Under the civil code, the duty and right ot arrange for funeral, interment, disposal, and
exhumation shall be in the order established for support under Art. 199 of Family Code
- So sino ang magde desisyon:
- 1. Spouse
- 2. Descendant in nearest degree
- 3. Ascendant in nearest degree
- 4. Brother/sisters then eldest decision prevails
- According to law paternal line shall have better line if may away sa batas
- Walang karapatan yung paramour, may mga cases na nag aaway yung legal wife and
pangalawang asawa kung saan ang wake or libing ang may karapatan ay yung spouse
over the paramour

- Funeral be in keeping with social position of diseased

- Consider the express wishes of the diseased
 - Consider also the religious belief and customary practice of church

- Article 85 of RPC when we still have death penalty, in no case shall the burial of body of
a person meted by death penalty be pomp

- PAg nasa lamay lahat maganda sinabi it has legal basis

- Art. 309 in civil code (no blackening of deceased's memory
- Expenses can be charged against conjugal property
-
Administration of DEclaration of absence
- Purpose of declaration of absence for who will take charge of the property left behind
- ( just go through the provisions)
-
- There’s a need to go to court to declare if there’s absence of that person
- 2 years no news of the wehreabouts
- 5 years if there’s a designated property administrator
Then the those who can succeed under the law of intestacy or anyone who may have over the
property of the person some right. Then they may go to court to declare the declaration of
absence of the person.

- When a person comes back then administration will stop. Personally or if there's a third
party representative.
-
-
-
Presumption of death
- For purposes of remarriage under Art. 41 there should be a judicial declaration. The
court has to declare.

Requisites for issuance of Judicial Declaration of Presumptive Death

a.) That the absent spouse has been missing for four consecutive years, or two
consecutive years if the disappearance occured where there is danger of death
under circumstances in art 391.
b.) That the present spouse wishes to remarry
c.) That the present spouse has a well-founded belief that the absentee spouse is
dead.
d.) That the present spouse files a summary proceeding for the declaration of
presumptive death of the absentee

*Presumption of death in civil code is only applicable for the purpose of contracting a
valid subsequent marriage.

No need for judicial declaration . The law itself presumes. ARt. 390 if 7 years nawawala, he
shall be presumed dead in all purposes except for succession (disposal of property, dito need
sampung taon to open succession). At the time he went missing if by 75 years old nawala,
enough na 5 years for succession to be opened.

Art. 391 if relation to 41 a person shall be presumed dead in all purposes including succession

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. (n)

391 Extraordinary circumstances and 390 difference

- 390 if nawala for 10 years 1990 then presumed dead by 2000.
- 391 kapag nawala by 2018, under the circumstance, you wait for the 4 years to lapse.
Presumed dead from last time seen alive

If presumed dead reappears he shall have the right to get back the redistributed properties.