How long must a spouse be absent to presume death in case of danger?
The law considerably shortens the required period of absence when there are exceptional circumstances involving mortal danger. If a spouse disappears under circumstances where there is a clear danger of death, the period is reduced. This shortened timeline is firmly specified in Article 41 Family Code of the Philippines. In such perilous situations, an absence of only two years is considered legally sufficient to presume death. “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.” 31-Jul-26About Nicolas and De Vega Law Offices
Nicolas and De Vega Law Offices is a full-service law firm in the Philippines. You may visit us at the 16th Flr., Suite 1607 AIC Burgundy Empire Tower, ADB Ave., Ortigas Center, 1605 Pasig City, Metro Manila, Philippines. You may also call us at +632 84706126, +632 84706130, +632 84016392 or e-mail us at [email protected]. Visit our website https://ndvlaw.com/.
