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immediately after
Time of Appearance 3-4 hours after death
death
certain muscles or
all muscles of the
Muscles Involved group of muscles;
body
asymmetrical
• only involves the superficial layer of the skin and does not appear elevated
• may determine whether the position of the body has been changed
2. marbolization
3. Cause of death
• Bull formation over the face, eventually bursting and denudation of the epidermis
• Mummification
• Maceration
DURATION OF DEATH
1. Presence of Rigor Mortis
3. Onset of decomposition
4. Stage of decomposition
Presumption of Death - Art 390 NCC; Sec 5 Rule 131 Rules of Court
• After an absence of 7 trait being unknown whether or not the absentee still lives, he shall be presumed dead for all purposes, except for
those of succession
• For the purpose of succession, absence of 10 years
• If he disappeared after the age 0f 25, an absence of 5 yrs is sufficient to open succession
Art 391 NCC and Sec 5 Rule 131 Rules of Court
The following shall be presumed dead for all purposes, including the division of estate to his
heirs:
1. A person board a vessel or airplane which is missing, who has not been heard of for 4 years
since the loss of the vessel or airplane. (Reduced to 2 years in the Family Code for the purpose
of remarriage)
2. A person is in the armed forces who has taken part in war, and has been missing for 4 years.
3. A person who has been in danger of death under other circumstances and his existence has not
been known for 4 years.
If the absentee appears, or without appearing his existence is proved, he shall recover his property in
the condition in which it may be found, and the price of any property that may have been alienated
or the property acquired therewith; but he cannot claim either fruits or rents.
In the Family Code, when the present spouse contracts a subsequent marriage after
judicial declaration of presumptive death of the absentee spouse, and there is an
affidavit of reappearance that is registered by an interested person in the proper civil
registry, with notice to the parties of the second marriage, the latter shall be considered
as automatically terminated