LAW ON DECLARATION OF PRESUMPTIVE DEATH
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- เผยแพร่เมื่อ 24 พ.ย. 2021
- Justice Buddy explains the law on declaration of presumptive death.
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GOOD DAY ATTY.
THANKS FOR THIS I LEARNED A LOT FOR THIS MATTER.
Lesson #55
LAW IN DECLARATION ON PRESUMPTIVE DEATH.
KAILAN BA PWEDENG IDEKLARANG PATAY NA ANG TAO AT NAWAWALA PARA SA MANAHAN AT MAGPAKASAL MULI?
It can be in our law now. Specially when people are gone at least 10 years, can be declared as PRESUMPTIVE DEATH. TO ARRANGE AND CLEARLY GET ALL POSSIBLE PROPERTY BY THE FAMILY.
DEPENDS ON THE SOME INSTANCES, IN OTHER REASON.
EXEMPTION TO THE GENERAL RULE- WHEN THEY ARE 75 YEARS OLD UP, AT LEAST 5 YEARS TO FILE FOR SUCCESSION.
DOWN TO MARRYING WHOM AGAIN, THEY NEED TO WAIT AT LEAST 2 YEARS AND FILE DECLARATION OF PRESUMPTIVE DEATH.
#JUSTICEBUDDY
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Ty atty!
Law in declaration of presumptive death
~In general, a person must be missing for four (4) years before being declared dead, even if the body has not been found. However, there are some exceptions. The first is when the person missing's life is likely in jeopardy, such as the life of a member of our AFP who fought dangerous groups of people. The legislation only requires two years in this scenario, after which the family can petition the court for a declaration of presumed death.
~Another exception is when it comes to property succession; the relatives of a missing individual must wait ten years before filing a petition with the court for a declaration of presumed death.
~Last but not least, if the missing individual is 75 years old or older and has been gone for two years, the family can submit a declaration of presumed death with the court.
#JusticeBuddy
#BSUARASOF
Ang linaw ng paliwanag mo atty soon to be a police in Jesus name amen
Goodafternoon Atty. Bajita. Thank you for engaging in a more in-depth discussion. If a person has been missing for more than 10 years and no one knows where the body is, it can be considered dead, especially under the new Evidence Rule. Perhaps the death of the deceased's surviving dependents was filed at our court. Having or inheriting property. Unless there is a life-threatening circumstance, a person must wait four years under the amended rules of proof before claiming that he or she may have died. At any given time, no one can be pronounced dead until ten years have elapsed. This is a rare exception to the rule. If the missing person is above 75 years old and has been gone for only 5 years, there is an exception to the basic criteria. As specified in the new Evidence Rule, it must be at least two years.
#JusticeBuddy
Good day Atty. Today we discussed about when to declare someone as already dead if that person is missing for many years and to divide the property and to have another person in life. If the person are missing for ten years they are considered as presumably death. It is the case that must file by the family to the court to process the division of property. According to revised rules on evidence, commonly they must wait for four years. Atty highlights that you must wait for ten years to consider missing person as dead. The exemption to the general rule is if the person is already 75 years old and above they need only five years to consider as dead person. Thank you Atty for this meaningful lesson. #JusticeBuddy
Lesson 53
Thank you for providing information about declaration of presumtive death. That, according to Revised Rules on Evidence that if the is missing for 10 years it can be considered presumtively death to process the succession to the heirs.
Good day Atty. Thank you for discussing about the Declaration of Presumptively Death. Particularly in the Revised Rules on Evidence. If the person is missing for more than 10 years and did not know where the corpse was, then can be declared presumptively dead. Presumptively dead is case to be filled by those left behind of the said deceased in our court. To process the succession or the dwelling of property. Extention to declare dead the missing person. According to Revised Rules on Evidence commonly 4 years to wait for to say that the person may have died unless there are circumstances that say which us dangerous to the life of that person. In succesion, it is not allowed to declare a person dead unless when the 10 years went by, are over. That is the exception to the general rule.
#JusticeBuddy
#EACCaviteSchoolofCriminology
Good day, Atty!
Once again, you never fails us when it comes to discussing lessons that are very important for us.
Here are my insight for this lesson;
Lesson #50
Law of declaration of presumtive death
-When a person has been missing for more than ten (10) years and the location of the body is not known, it can be declared presumptive death, declaration of presumtive death.
How many years does it take before a missing person is declared dead?
- average four (4) years. but if he is a member of the AFP, when he has been missing for two (2) years he can be declared dead.
When it comes to succession, we need to emphasize that a person cannot be declared dead unless he or she has been missing for 10 years.
The exception to the Exception to the General Rule is when the missing person is over 75 yrs old it is only necessary that he / she be missing for 5 years.
He must file a declaration of resumptive death so that he can marry another person.
Good day, Attorney!
Thank you explaining the law on declaration of for presumptive death. In this video I have learned that If a person has been missing for more than ten years and no one knows where the corpse is, it can be considered dead, especially under the revised Evidence Rule. Perhaps the death of the deceased's surviving dependents has been filed in our court. Having or inheriting property Unless there is a life-threatening situation, the waiting time for a person to say he or she may have died under the revised rules of evidence is usually four years. No one can be declared dead at the same time for a period of ten years. This is an example of an exception to the general rule. If the missing person is over 75 years old and has been missing for only 5 years, there is an exception to the general rules. According to the revised Evidence Rule, it must be at least two years. And that life must be fraught with peril. In order to marry another person, the spouse must submit a statement of allegations of death. However, the law states that there is "no requirement for the appearance of a marriage partner" within two years when the husband is at risk. Thank you for sharing this to us, Attorney! God bless.
Lesson 14: LAW OF DECLARATION OF PRESUMPTIVE DEATH
Thank you Atty.
This video taught me that if a person has been missing for more than 10 years and no one knows where the body is, the individual might be presumed dead, particularly under the revised Evidence Rule. Perhaps the death of the deceased's surviving dependents has been filed in our court. Having or inheriting property Under the updated rules of evidence, the waiting period for a person to indicate he or she may have died is normally four years, unless there is a life-threatening condition. No one will be pronounced dead at the same time for the following 10 years. This is an illustration of a general rule exception. If the missing individual is above 75 years old and has been gone for less than 5 years, there is an exemption to the normal criteria. According to the new Evidence Rule, it must be at least two years. And that life had to be risky. The spouse must file a statement of accusations of death in order to marry someone else. When the husband's life is in danger, the law states that "no condition for the presence of a marital partner" within two years is imposed.
Good Day Attorneys!
Thanks for this lesson about Law on declaration of presumptive death.
According to the Revised Rules on Evidence, a person who has been absent for more than ten years and has no knowledge of the whereabouts ofthe body can be presumed dead.
A person cannot be pronounced dead until ten years have passed, as an exception to the usual rule.
When a missing individual is over 75 years old, he or she must be absent for five years as an exception to the normal rule.
The absent spouse can only be considered deceased if he or she has been missing for at least two years, as specified in the Revised Rules on Evidence, for the partners who still desire to get married again.
#JusticeBuddy
#EacCaviteSchoolOfCriminology
Good day atty. This day i learned so much about the law on declaration of presumptive death. When the person is missing within 10 years above and it doesnt known when the body of the person where it is, it can declared as presumptively death. Thats the case that can file a case of our remnants of said suspect died in the court. Declaration of presumptive death to process the residence of the assets. Thank you for sharing this lesson attorney.
#justicebuddy
#EacCaviteSchoolOfCriminology
Good day Atty. Thankyou for this lesson of Law on Declaration of Presumptive death and Under the Evidence Rule, a person might be presumed dead if he or she has been absent for more than 10 years and no one knows where the body is. Perhaps the death of the deceased's surviving dependents was filed at our court. Having or inheriting property. Unless there is a life-threatening circumstance, a person must wait four years under the amended rules of proof before claiming that he or she may have died. At any given time, no one can be pronounced dead until ten years have elapsed. This is a rare exception to the rule. If the missing person is above 75 years old and has been gone for only 5 years, there is an exception to the basic criteria. As specified in the new Evidence Rule, it must be at least two years. And that life must be fraught with peril. In order to marry someone else, the spouse must submit a statement of death allegations. However, "no obligation for the appearance of a marital partner" explained the depth within two years when the husband is in danger, according to the legislation
#JusticeBuddy
Good day, Atty! Thank you for today's lesson. Godbless po!!
Lesson 14: Law on Declaration of Presumptive Death
I learned the Law on Declaration of Presumptive Death. If the person is missing with more than 10 years and did not know where is the corpse then it can be declared presumptive death under Revised Rules of Evidence. Unless their life is in danger, a person must wait until 4 years before proclaimed dead. A person cannot regarded decreased until 10 years passed except there are special circumstances example the missing person is part of military. There is an exception to regular rule if the missing person is over 75 years old and have been gone for more than 5 years. If the person is already married but their spouse is missing they have rights to married again but it must not less than two years under Revised Rules of Evidence and file the Declaration of Presumptive Death to the count when he/she wants to married again.
Magandang araw po Atty. Bajita, maraming saalmat po sa isang video na siksik ng impormasyon tungkol sa Law on Declaration of Presumptive Death. Ang pamilya ng isang tao na nawawala ng apat (4) na taon ay maaari ng ideklarang patay maliban na lamang sa mga sirkumstansya na kung saan ang pamilya ng taong ito ay aware na nasa panganib ang knayang buhay, ito ay magiging 2 taon na lamang. Muli, maraming salamat po Atty.
Good Day Atty. Jeffrey Bajita In this video lecture we tackled about the law on declaration of presumptive death. I've learned that the Law on Declaration of Presumptive Death. If the person is missing with more than 10 years and did not know where is the corpse then it can be declared presumptive death under Revised Rules of Evidence. Unless their life is in danger, a person must wait until 4 years before proclaimed dead. A person cannot regarded decreased until 10 years passed except there are special circumstances example the missing person is part of military. There is an exception to regular rule if the missing person is over 75 years old and have been gone for more than 5 years. If the person is already married but their spouse is missing they have rights to married again but it must not less than two years under Revised Rules of Evidence and file the Declaration of Presumptive Death to the count when he/she wants to married again.
Thank you for this knowledgeable topic Justice Buddy!
#JusticeBuddy
#EACSchoolOfCriminology
Thankyou Atty. Bajita for the knowledge about law on declaration of presumptive death.
- Revised rules evidence kapag ang isang tao nawawala na ng sampung taon mahigit at hindi malaman kung nasaan ba yung bangkay na yon ay pwede pong ideklara na presumptively death.
- Apat na taon para masabi natin na namatay na yung tao na yon. Maliban na lamang kung may mga circumstances na magsasabi na delikado talaga yung buhay na yon.
- Hindi bababa sa dalawang taon ang paghihintay upang masabi na namatay ang asawa at puwede na uli magpakasal.
GOOD DAY ATTY!
I've learned the rights of spouses left by the missing partner. I've learned under the revised rules on evidence, that if a person is missing for 10yrs above and can't find the body, we can declare it presumptively death. Declaration if presumptive death can be the case to a file by people who left by the dead person. Generally based on Revised Rules on Evidence we can wait up to 4yrs to declare the dead of a person unless in some circumstances where the person fights or go to battles or member of a AFP, we can already declare it dead if 2yes from its missing day. Exception is we cant declare the death of a person unless 10yrs had passed.
#justicebuddy
Good day atty! Thankyou for sharing this video lecture.
Law about Declaration of Presumptive Death, according to the revised rules on evidence if the person is missing for more than 10yrs and the body is cannot be found then they can declare it presumptive death. Usually 4yrs is given before they officially announce it as dead. Exception to the General rule, if the person with the age of 75 is missing for 5years they can declare his/her death.
#Justicebuddy
#EacCaviteSchoolofCriminology
Good day attorney Thankyou for another knowledge about the Law on Declaration of Presumptive Death. According to the revise ruleon Evidence, when a person who has been missing for more than ten years and does not known whereabouts of the corpse, it can be declared as presumptively death. Exemption to the general rule,a person cannot; be declared dead unless ten years have passed, Exemption to the Exemption to ybe general rule, when the missing person in over 75 years old, he/she must be missing for five years. For the partners who is still want to get married again, the missing spouse can only be declared dead if he/she has been missing for atleast two years as stated in the Revised Rules on Evidence. Again Thankyou for sharing your knowledge Justice Buddy and Godbless ✨🙏👏.
#JusticeBuddy
#EacCaviteSchoolofCriminology
Good day Atty. Jeffrey Bajita. Thankyou for the informative discussion.
Lesson 50
If the person is missing with more than 10 years and did not know where is the corpse then it can be declared presumptive death under Revised Rules of Evidence. Unless their life is in danger, a person must wait until 4 years before proclaimed dead. A person cannot regarded decreased until 10 years passed except there are special circumstances example the missing person is part of military.
There is an exception to regular rule if the missing person is over 75 years old and have been gone for more than 5 years.
If the person is already married but their spouse is missing they have rights to married again but it must not less than two years under Revised Rules of Evidence and file the Declaration of Presumptive Death to the count when he/she wants to married again.
Good day Atty bajita, thankyou for another lesson you've discussed with us. I've learned a lot about this topic.
BATAS SA DECLARATION OF PRESUMPTIVE DEATH
Nakpaganda po ang mga ganitong lesson Atty. Maraming salamat po nadagdagan nanaman po ang aking kaalaman tungkol dto. . Godbless po sir & Good day
good day atty.bajita thank you and godbless everyday and we know you give your best to make this video and Under the revised rules of evidence, the waiting time for a person to say that he or she may have died is usually four years.general rule states that the body must be missing in 10 years and in exception to this is when the person is 75 years old that it only needs 5 years. It was a very informative video of yours
#justicebuddy
#eaccavitecriminology
Thank you po Atty. for discussing about the Declaration of Presumptively Death. Particularly in the Revised Rules on Evidence.
LESSON 53
If the person is missing for more than 10 years and did not know where the corpse was, then can be declared presumptively dead. Presumptively dead is case to be filled by those left behind of the said deceased in our court. To process the succession or the dwelling of property. Extension to declare dead the missing person. According to Revised Rules on Evidence commonly 4 years to wait for to say that the person may have died unless there are circumstances that say which us dangerous to the life of that person. In succession, it is not allowed to declare a person dead unless when the 10 years went by, are over. That is the exception to the general rule.
#JusticeBuddy
#EACCaviteSchoolOfCriminology
Good Day Atty. Thank you for discussing the law on declaration of presumptive death.
58
Under the Evidence Rule, a person might be presumed dead if he or she has been absent for more than 10 years and no one knows where the body is. Perhaps the death of the deceased's surviving dependents was filed at our court. Having or inheriting property. Unless there is a life-threatening circumstance, a person must wait four years under the amended rules of proof before claiming that he or she may have died. At any given time, no one can be pronounced dead until ten years have elapsed. This is a rare exception to the rule. If the missing person is above 75 years old and has been gone for only 5 years, there is an exception to the basic criteria. As specified in the new Evidence Rule, it must be at least two years. And that life must be fraught with peril. In order to marry someone else, the spouse must submit a statement of death allegations. However, "no obligation for the appearance of a marital partner" explained the depth within two years when the husband is in danger, according to the legislation
#JusticeBuddy
#EACCaviteCriminology
thank you atty. for very informative lesson, still looking forward for another lesson.
Good day Atty. Thank you for this kind of lesson. I learned about BATAS SA DECLARATION OF PRESUMPTIVE DEATH. When a person is missing 10 years it will declare as a dead person
According to Revised Rules on Evidence, commonly four years to wait for to say that the person may have died unless there are circumstances that say which dangerous to the life of that person.
#Justicebuddy
#EacCaviteSchoolofCriminology
lesson 50
Good day atty!thank you for the meaningful video..I learned the Law on Declaration of Presumptive Death. If the person is missing with more than 10 years and did not know where is the corpse then it can be declared presumptive death under Revised Rules of Evidence. Unless their life is in danger, a person must wait until 4 years before proclaimed dead. Exception is we can’t declare the death of a person unless 10 years had passed that he/she is missing but if the missing person is 75 years old above, we can declare his death if missing in 5 years’ maximum. Also based on Revised Rules on evidence that it should have 2 years above missing years and known that spouse life’s is in danger to declare presumptive death, so that the partner left can get marry again without the prejudice of the reappearance of the original spouse.
Good day Atty., Thank you for another insightful video today. It was a comprehensive and informative video lecture of yours constituting the rights regarding the law on declaration of presumptive death. Moreover, as discussed by Atty. Bajita that when a person has been missing for more than 10 years and the whereabouts of the corpse is unknown, a presumption of death can be declared under the modified Rules of Evidence. The estate or inheritance of the presumed deceased might be treated as such by petitioning the court. A person must also wait four (4) years before being declared deceased unless there are mitigating circumstances. Unless there are special circumstances, a person may not be declared dead before ten (10) years. For example, a missing person may be a member of the military. If the missing individual is over 75 years old and has been missing for only five (5) years, there is an exemption to the typical rule. Moreover, if the husband/wife disappears, the spouse that she/he was left can be married again at least 2 years, as stated in the revised rules of evidence. And if there is a pose a threat to his/her husband/wife life before she /he disappears the partner just needs to file a declaration of presumptive death. However, according to the law, absence is detrimental to the appearance of the spouse. To sum it up, It was a very informative video of yours, attorney, and today I learned viable information about the rights regarding the first partner from the financial support that she can get to the father of her children. And if it is legal to terminate a government employee who lives with the spouse of someone else. Hence, I am looking forward to and waiting for a more informative video like this yours. Thank you po and Godbless.
#JusticeBuddy
#EACCaviteCriminology
Good day! Justice buddy.Thank you for this very informative video about tthe law on declaration of presumptive death. Here are some of the information that i've learned through watching this video:
1.If the person is missing with more than 10 years and did not know where is the corpse then it can be declared presumptive death under Revised Rules of Evidence
2.Kailan pwedeng ideklarang patay ang isang tao na nawawala para sa manahan at magpapakasal muli?
a person must wait until 4 years before proclaimed dead. A person cannot regarded decreased until 10 years passed except there are special circumstances example the missing person is part of military. There is an exception to regular rule if the missing person is over 75 years old and have been gone for more than 5 years.
If the person is already married but their spouse is missing they have rights to married again but it must not less than two years under Revised Rules of Evidence and file the Declaration of Presumptive Death
#JusticeBuddy
#EACCaviteSchoolofCriminology
Lesson 14
Law of Declaration of Presumptive Death
Good day Atty!
After hearing the lesson taught by Justice buddy I learned a lot especially on the question "Kailan ba pwedeng ideklarang patay na ang isnag tao na nawawala para sa manahan at makapagkasal muli" According to the revised Rules Evidence if person has been missing for more than 10 years and no one knows where the corpse is, it can be considered dead. Perhaps the death of the surviving dependents of the deceased has been filed in our court. Inheriting or possessing property. it was also stated that as per our Revised rules on evidence we can declare that a person is dead if he/she is nowhere to be found for around 4 years except if there is a circumstances that can prove the life of that person is at stake or danger like for example if the person is part of the Armed Forces and faced a battle. The exemption to the exemption to the general rule is that if the person is at the age of 75 we can declared his/her death if cannot be found for 5 years.
Good morning po Atty. Thanks po sa info may nkuha aq karagdagan kaalaman
Good Day! Atty.Jeffrey Bajita thank you for discussing the Declaration of presumptive death. I’ve learned that if a person missing 10years and his body didn’t know then it can be declared presumptively death, it is the case that can be file of the family who left of a suspected died, to process the succession of the left family. And also I’ve learned that 4years is enough to declare a missing person is died,but if a person is army and missing for 2years that missing person can be declared dead. Succession can be process within 10years it is the exception of general rule, and the exception to the exception to the general rule, if a person 75years old 5years is enough to declared dead. And for the people who want to married again because their husband/wifi is missing 2years is enough and also the missing person should connected to danger work or act, the left husband/wifi should file a case of Declaration of presumptive death to marry again the left husband/wife.
#JusticeBuddy
#EACCaviteSchoolOfCrinology
Thankyou for sharing this video, I learned about the Law on Presumptive Death Declaration. Under the Revised Rules of Evidence, if a person has been missing for more than ten years and no one knows where the body is, it can be considered presumptive death. A person must wait four years before being declared deceased unless their life is in danger. The exception is that we cannot announce a person's death until 10 years have elapsed after he or she has been missing; but, if the missing person is 75 years old or older, we can declare his death if he has been absent for no more than 5 years. Also, based on Revised Rules on Evidence, it should have 2 years above missing years and it should be known that the spouse's life is in danger to declare presumptive death, so that the partner left can marry again without fear of the original spouse reappearing. #JusticeBuddy
Good day Atty. Today I’ve learned the Rights of spouses left by the missing partner. I’ve learned under the Revised Rules on Evidence, that if a person is missing 10 years above and can’t find the body, we can declare it presumptively death. Declaration of Presumptive Death can be the case to file by people who left by the dead person. Generally based on Revised Rules on Evidence, we can wait up to 4 years to declare the dead of a person unless in some circumstances where the person fights in battles or member of AFP, we can already declare death 2 years from its missing day. Exception is we can’t declare the death of a person unless 10 years had passed that he/she is missing but if the missing person is 75 years old above, we can declare his death if missing in 5 years’ maximum. Also based on Revised Rules on evidence that it should have 2 years above missing years and known that spouse life’s is in danger to declare presumptive death, so that the partner left can get marry again without the prejudice of the reappearance of the original spouse.
#JusticeBuddy
Lesson # 50
Good Day Atty. Jeffrey Bajita, according to your video and topic that you have discussed,
can be declared dead when the person has been missing for more than ten years and does not know where his body is, can be declared presumptively death, the case that should be filed by those or loved ones, for further processing his property or the residence of his property, and it also depends on whether the job when lost is pretending to be a soldier with a mission and suddenly disappears.
Lesson 50
On Declaration Of Presumptive Death. According to the video lecture a viewer asked” Kailan ba pwedeng ideklarang patay na ang isang tao na nawawala para sa Manahan at makagpakasal muli?” It was well explained and excellently answered by you Attorney, you said that “ according to the Revised Rules of evidence if the person is cannot be found for atleast 10 years and above therefore it the person can be declared as presumptively death for the succession of property. “ it was also stated that as per our Revised rules on evidence we can declare that a person is dead if he/she is nowhere to be found for around 4 years except if there is a circumstances that can prove the life of that person is at stake or danger like for example if the person is part of the Armed Forces and faced a battle. The exemption to the exemption to the general rule is that if the person is at stake or danger like for example if the person is part of the Armed Forces and faced a battle. The exemption to the exemption to the general rule is that if the person is at the age of 75 we can declared his/her death if cannot be found for 5 years.
Good day Attorney, I've learned that According to the Revised Rules of Evidence, we can presume death if a person has been missing for ten years and the body has not been recovered. A Declaration of Presumptive Death can be submitted by people who have been left by a deceased person. We can wait up to four years to declare a person dead under the Revised Rules of Evidence, unless the person is involved in a conflict or is a member of the AFP, in which case we can pronounce death two years after the person goes missing. The exception is that we cannot announce a person's death until 10 years have passed since they went missing; but, if the missing person is 75 years old or older, we can declare his death after only 5 years.thank you Attorney.
#JusticeBuddy
#EacCaviteCriminology
Lesson 14
Good Day Attorney! For this lesson I vividly learned about the Law on Declaration of Presumptive Death. As how the video started, the viewer asked, " Kailan ba pwedeng ideklarang patay na ang isang tao na nawawala para sa Manahan at makagpakasal muli?”
if a person has been missing for more than 10 years and no one knows where the corpse is, it can be considered dead. Perhaps the death of the surviving dependents of the deceased has been filed in our court. Inheriting or possessing property. it was also stated that as per our Revised rules on evidence we can declare that a person is dead if he/she is nowhere to be found for around 4 years except if there is a circumstances that can prove the life of that person is at stake or danger . The exemption to the exemption to the general rule is that if the person is at the age of 75 we can declared his/her death if cannot be found for 5 years.
Good day Sir, In this lecture I've learned about the Law On Declaration Of Presumptive Death. According to the Revised Rules of evidence if the person is cannot be found for at least 10 years and above therefore it the person can be declared as presumptively death for the succession of property and stated that in Revised rules on evidence we can declare that a person is dead if he/she is nowhere to be found for around 4 years except if there is a circumstances that can prove the life of that person is at stake or danger. The exemption to the exemption to the general rule is that if the person is at the age of 75 we can declared his/her death if cannot be found for 5 years.
Good day Atty! I learned that in declaration of presumpted death if the person is missing for 10 years without his body,we could declare it as presumpted death. Thank you Atty!
#JUSTICEBUDDY
#BSUARASOF
I learned about the Law on Presumptive Death Declaration. Under the Revised Rules of Evidence, if a person has been missing for more than ten years and no one knows where the body is, it can be considered presumptive death. A person must wait four years before being declared deceased unless their life is in jeopardy. Unless there are exceptional circumstances, such as the missing individual being a member of the military, a person's worth cannot be reduced until ten years have elapsed. If the missing person is above 75 years old and has been missing for more than 5 years, there is an exception to the general norm.
If a person is already married but their spouse has gone missing, they have the right to marry again, but they must wait at least two years under the Revised Rules of Evidence and file a Declaration of Presumptive Death with the court.
#JusticeBuddy
#EacCaviteCriminology
Lesson 50
Thank you Atty. Jeffrey Bajita for another lesson to us.
KAILAN BA PWEDENG IDEKLARANG PATAY NA ANG ISANG TAO NA NAWAWALA PARA SA MANAHAN AT MAKAPAGPAKASAL MULI?
-If the person has been missing more than 10 years without knowing it can be declared as presumptively death.
-The person should be missing for 4 years or more except if there are circumstances that will provide that the person's life is in danger.
-If the person missing is over 75 years old and has been missing for only five (5) years we can declare his death.
Good Afternoon Atty! The modified Rules of Evidence allow for the declaration of a presumption of death when a person has been absent for more than ten years and the location of the body is unknown. The assumed deceased's estate or inheritance can be treated as such by asking the court. A person must also wait four (4) years before being certified deceased, unless there are extenuating reasons. Unless there are special circumstances, a person may not be pronounced dead before the age of ten (10) years. For example, a missing person could be a member of the military. If the missing person is over 75 years old and has been gone for only five (5) years, there is an exemption to the typical rule.
#JusticeBuddy
Good day Atty. Thank you for today's lesson. I learned the Law on Declaration of Presumptive Death. If the person is missing with more than 10 years and did not know where is the corpse then it can be declared presumptive death under Revised Rules of Evidence. Unless their life is in danger, a person must wait until 4 years before proclaimed dead. A person cannot regarded decreased until 10 years passed except there are special circumstances example the missing person is part of military. There is an exception to regular rule if the missing person is over 75 years old and have been gone for more than 5 years.
If the person is already married but their spouse is missing they have rights to married again but it must not less than two years under Revised Rules of Evidence and file the Declaration of Presumptive Death to the count when he/she wants to married again. God bless Attorney Jeffrey.
#JusticeBuddy
#EACSchoolOfCriminology
Good day atty. Thank you for this lesson.
Law on declaration of presumptive death.
Kailan ba pwedeng ideklarang patay na ang isang tao na nawawala para sa manahan at makagpakasal muli?
Unless there is a life-threatening condition, the waiting period for a person to indicate he or she may have died is normally four(4) years under Revised Rules Evidence. At any given time, no one can be declared dead until ten(10) years have elapsed. The general principles do not apply in this case. If the missing individual is over 75 years old, we can consider the person dead if he or she is not discovered in five years. If a person is already married but their spouse has gone missing, they have the right to marry again, but they must wait at least two (2) years and file a Declaration of Presumptive Death with the court under the Revised Rules of Evidence.
I already watched the video. And I learned a lot from lesson 14 you discussed. The video is about (LAW ON DECLARATION OF PRESUMPTIVE DEATH) and now I already knew this because of your discussion. Thank you for that information you share with us, Sir.
KAILAN BA PWEDENG IDEKLARANG PATAY NA ANG ISANG TAO NA NAWAWALA PARA SA MANAHAN AT MAGPAKASAL MULI.
(LAW ON DECLARATION OF PRESUMPTIVE DEATH)
If a person has been missing for more than ten years and no one knows where the corpse is, the Revised Rules of Evidence may proclaim presumptive death. It can be submitted in court as succession or inheritance property by the presumed deceased's family members. Unless their life is in danger, a person must also wait four (4) years before being proclaimed dead.
A person cannot be regarded deceased until ten (10) years have passed, unless there are special circumstances. For example, a missing person could be a member of the military. There is an exception to the regular rule if the missing person is over the age of 75 and has been gone for fewer than five (5) years. It must be at least two years, according to the revises evidence rule.
Lesson 58
Good Day Our Justice Buddy
A person must remain gone for four (4) years before claiming death, even if the corpse has not been recovered. However, there are exceptions. One is when the life of the missing individual is likely to be jeopardized, such as the life of a member of our AFP who fought hazardous groups of people. In that instance, the legislation only requires two years, after which the family can bring a lawsuit in court made a declaration of presumed death.Another exception is that when it comes to property succession, the family of the missing individual must wait 10 years before filing the case of pronouncement of presumptive death with the court.
Thank you Atty. for LESSON #55
When a person has been missing for more than ten years and the location of the body is unknown, the amended Rules of Evidence allow for the declaration of a presumption of death. By petitioning the court, the presumed deceased's estate or inheritance can be treated as such. Unless there are extenuating circumstances, a person must also wait four (4) years before being declared dead. A person may not be declared dead before the age of ten (10) years, unless there are exceptional circumstances. A missing person could be a member of the military, for example. There is an exception to the usual rule if the missing person is over 75 years old and has been missing for only five (5) years.
What if the husband/wife disappears how long can the spouse be married?
It must be at least two years, according to the revised rules of evidence. And it has to put his lives in danger. In order to marry someone else, the spouse must submit the alleged death statement. Absence, on the other hand, is detrimental to the spouse's appearance, according to the law.
lesson 58
hello po atty, in this talk I learned about the law on the presumption of death.
The revised Evidence Rule allows an individual to be declared dead for
inheritance if the individual has not been found for more than 10 years
and is therefore suspected of dying. It is stated that it can be declared as.
Unless there are circumstances that indicate that a person's life is at stake,
or that he or she is at stake, he or she will die when he or she is not found
anywhere for about four years. As an exception to the principle, if you are over
75 years old, you can declare death if you do not find it for 5 years.
#JusticeBuddy
#EACCaviteSchoolOfCriminology
LESSON #50
Good day Atty. Thankyou for discussing with us The law of declaration of presumptive death
DECLERATION OF PRESUMPTIVE DEATH- If the person did not found for more than 10 years and did not find where the corpse was, it can be declared as presumptive death.
PRESUMPTIVELY DEATH - A case that can be filed in our court against the believed deceased by their family members in order to process the property distribution.
Good day atty. Thankyou for the knowledge.
Lesson 11.
Kailangan ba pweding ideklarang patay ang isang tao na nawawala para sa manahan at mag pakasal muli?
- Under the Revised Rules on Evidence, that if a person is missing 10 years above and can’t find the body, we can declare it presumptively death. Declaration of Presumptive Death can be the case to file by people who left by the dead person. Generally based on Revised Rules on Evidence, we can wait up to 4 years to declare the dead of a person unless in some circumstances where the person fights in battles or member of AFP, we can already declare death 2 years from its missing day. The exemption to the exemption to the general rule is that if the person is at the age of 75 we can declared his/her death if cannot be found for 5 years. And Also based on Revised Rules on Evidence, it should have 2 years above missing years and it should be recognized that the spouse's life is in danger to proclaim presumptive death so that the partner left can marry again without fear of the original spouse reappearing.
Good Day Atty. Thank you for another video lesson you've prepared for us. I've learned that according to the Revised Rules of Evidence if a person has been missing for ten years and the corpse has not been found, we can presume death. People who have been left by a deceased individual may submit a Declaration of Presumptive Death. According to the Revised Rules of Evidence, we can wait up to four years to proclaim a person dead, except the individual engages in wars or is a member of the AFP, in which case we can declare death two years after the person goes missing. The exception is that we cannot announce a person's death until 10 years have elapsed after he or she has been missing; but, if the missing person is 75 years old or older, we can declare his death if he has been absent for no more than 5 years. Also, based on Revised Rules on Evidence, it should have 2 years above missing years and it should be recognized that the spouse's life is in danger to proclaim presumptive death so that the partner left can marry again without fear of the original spouse reappearing.
Good day Atty.
Law on declaration of presumptive death
-according to the revised rules of evidence the court may issue a declaration of presumptive death if a person is missing for a long period of time and if there is no evidence of their
death.
- exemption to the general rule when the missing person is over 75 yrs old, he or she must be missing for 5yrs.
LESSON 50
Greetings Atty. Thank you for your information about..
LAW OF DECLARATION OF PRESUMPTIVE DEATH
Under the Revised Rules of Evidence, if a person has been missing for more than 10 years and no one knows where the body is, it can be considered presumptive death.
>Unless their life is in danger, a person must wait until 4 years before proclaimed dead
>A person cannot regarded decreased until 10 years passed except there are special circumstances example the missing person is part of military
>and if the missing person is above 75 years old and have been gone for more than 5 years.
>If the person is already married but their spouse is missing they have rights to married again but it must not less than two years
>Revised Rules of Evidence and file the Declaration of Presumptive Death
In Lesson 58 on Education on Human Rights I learned that in this type of situation were the uncle missing 10 years ago the family can declare death claim under the revised rules on evidence that states that when the body is cannot be found it will be labeled presumptive death. Also, it is stated that it requires 4 years to declare death and if in war that he became missing it can be declared as early as 2 years. The general rule states that the body must be missing in 10 years and in exception to this is when the person is 75 years old that it only needs 5 years.
#JusticeBuddy
#EACCaviteSchoolofCriminology
Lesson 58
Goos day Atty.
Revised Rule of Evidence
In 10 years kapag hindi nakita o nahanap ang bangkay ng isang tao ay pwede nang i declare na presumtively death kaso na dapat isampa ng mga pamilyang naiwan, para dumating na yung time ng hatian ng mana.
4 years ang pwedeng antayin para ma declared na patay na ang tao. Exception to the exception to the general rule kapag ang tao ay 75 years old na ay kailangan siya ay nawawala sa loob ng limang taon. Hindi pwedeng i declared ang na patay na ang isang tao kung hindi pa natatapos ang sampung ang tawag doon ang exception to thw general rule.
#JusticeBuddy
Good day! atty. I've learned the Law on Declaration of Presumptive Death according to the revise ruleon Evidence, when a person who has been missing for more than ten years and does not known whereabouts of the corpse, it can be declared as presumptively death. Exemption to the general rule,a person cannot; be declared dead unless ten years have passed, Exemption to the Exemption to ybe general rule, when the missing person in over 75 years old, he/she must be missing for five years. For the partners who is still want to get married again, the missing spouse can only be declared dead if he/she has been missing for atleast two years as stated in the Revised Rules on Evidence.
#JusticeBuddy
#EacCaviteSchoolofCriminology
Good day Atty. In this video, I learned about the Presumptive Death Act is a law that governs the declaration of a person's death. "Kailan ba pwedeng ideklarang patay na ang isang tao na nawawala para sa Manahan at makagpakasal muli?" a viewer asked in the video presentation. " It was clearly described and brilliantly replied by you Attorney; you mentioned that "according to the Revised Rules of Evidence if the person cannot be discovered for at least 10 years and above, the person might be ruled presumptively dead for the purposes of a succession of the property." "It was also stated that under our Revised Rules of Evidence, we can declare a person dead if he or she has been missing for around 4 years, unless there are circumstances that prove the person's life is in jeopardy, such as if the person is a member of the Armed Forces and has been involved in a battle.
#JusticeBuddy
#EACCaviteCriminology
good day atty!!!
Lesson 50. Law on Declaration of Presumptive Death
Kailan ba pwedeng ideklarang patay na ang isang tao na nawawala para sa manahan at makapagpakasal muli?
According to Revise Rule of Evidence, if a person is nowhere to be found or missing for more than 10 years and cannot identify/found his/her corpse, it can be declare as presumptive death. Declaration of Presumptive Death is the case in which should be file by the relatives of the suspect death person in order to process the succession.
A person can declared presumptive death if he/she is missing for 4 years, unless there's a circumstances that its life is in danger or there's a life-threatening, 2 years is enough to called Declaration of Presumptive Death. Meanwhile, the exemption to the general rule is, when it comes to succession, it cannot be declared that person is dead not until it was lasted for 10 years.
Exemption to the exemption to the general rule, when the missing person is more than 75 years old, he/she needs 5 years to be declared presumptive death.
In order for the missing person's spouse to remarried, it requires not less than 2 years of missing and there's a life-threatening evidence to that missing person, after that, he/she can file a declaration of presumptive death to get married again to another person. And lastly, without prejudice to the reappearance of the original spouse.
Good day Atty. for imparting knowledge to us. more power. God bless you po.
LESSON 55
- Whenever a person has already been missing for more than ten years and no one knows where the body is, presumptive death can be declared under the Revised Rules on Evidence. It can be filed in court by family members of the alleged deceased to be dealt with as succession or inheritance property. Also, unless there are circumstances that endanger the person's life, a person must wait four (4) years to be declared dead.
Except in exceptional circumstances, a person cannot be declared dead until ten (10) years have passed. A missing person might be a member of the military army, for example.
If the missing person is over 75 years old and has been missing for only five (5) years, there is an exception to the general rule.
What if the husband/wife disappears how long can the spouse be married?
- It must be at least two (2) years, as stated in the Revised Rules of Evidence. And it must pose a threat to his or her life. To marry someone else, the spouse must file a Declaration of Presumptive Death case. However, the law states that Absence prejudice to the appearance of the spouse
LESSON 14
Good afternoon, Atty! Thank you for explaining the law regarding presumptive death declarations. This video taught me that if a person has been missing for more than ten years and no one knows where the corpse is, the person can be considered dead, especially under the revised Evidence Rule. Perhaps the deceased's surviving dependents' death has been filed in our court. Having or inheriting property Under the revised rules of evidence, the waiting period for a person to say he or she may have died is usually four years, unless there is a life-threatening situation.For the next ten years, no one can be declared dead at the same time. This is an example of a general rule exception. There is an exception to the general rules if the missing person is over 75 years old and has been missing for less than 5 years. It must be at least two years, according to the revised Evidence Rule. And that life had to be dangerous. To marry someone else, the spouse must submit a statement of allegations of death. When the husband's life is in danger, the law states that there is "no requirement for the appearance of a marriage partner" within two years. Thank you for informing us, Attorney! God bless you.
Good day Justice Buddy! Thank you for explaining the law on declaration of presumptive death. In this video I have learned that If a person has been missing for more than ten years and no one knows where the corpse is, it can be considered dead, especially under the revised Evidence Rule. Perhaps the death of the deceased's surviving dependents has been filed in our court. Having or inheriting property Unless there is a life-threatening situation, the waiting time for a person to say he or she may have died under the revised rules of evidence is usually four years. No one can be declared dead at the same time for a period of ten years. This is an example of an exception to the general rule. If the missing person is over 75 years old and has been missing for only 5 years, there is an exception to the general rules. According to the revised Evidence Rule, it must be at least two years. And that life must be fraught with peril. In order to marry another person, the spouse must submit a statement of allegations of death. However, the law states that there is "no requirement for the appearance of a marriage partner" within two years when the husband is at risk. Thank you for sharing this to us Attorney! God bless
#JusticeBuddy
#EACCaviteCriminology
Good day Atty! Thank you for this lesson
presumptively death can be declared (Declaration of Presumptively Death) after 5 years without the body being found- 75 years old
presumptively death can be declared (Declaration of Presumptively Death) after 2 years without the body being found - ex. member of AFP
#justicebuddy
Good day Atty! Thank you for another lesson about the Law on Declaration of Presumptive Death
According to Revised Rules on Evidence, when an individual is missing for about 10 years or more without knowing the whereabouts of that person, it can be declared as presumptively death. That should filed by the wife in order to process the succession of properties. In order to file for Declaration of Presumptive Death, the person should be missing for 4 years or more except if there are circumstances that will provide that the person's life is in imminent danger.
#JusticeBuddy
LESSON #34
Good day Atty. Thank you for this knowledgeable lesson.Godbless😇
*LAW ON DECLARATION OF PRESUMPTIVE DEATH
•Under the Revised Rules Evidence kapag ang isang tao ay nawawala na ng mahigpit sa sampung taon at hindi na matukoy o malaman kung nasaan ang bangkay nito pwede ng mag declaration of presumptively death.
•Maaaring isampa sa korte ang kasong ito upang maproseso ang mamanahin sa mga ari-arian.
#JusticeBuddy
#BSUARASOF
Good evening Atty! The topic the topic on this video is about law in declaration of presumptive death.
When is the person missing will consider as dead to have a right to married again?
- Under Rules on Evidence, when the person is missing ten years ang above he can be considered as presumptively dead.
- After 10 years of missing the family can file a presumptively death to court, to process the success.
- Under Rules on Evidence, usually it should be 4 years of waiting to consider that the person is considered dead.
- Exemption, when the person is in the bad situation like war, only two years that the family should wait to declare that the person is dead
- In terms of succession, it is not allowed to consider the person is dead unless 10 years of missing is already done.
- When the person is 75 years old and above, and he is missing for 5 years it will consider as dead.
- When the person wants to have a new partner because his partner is missing, he should wait for 2 years and there should have a circumstance that his partner was in danger before declared as missing.
Thank you, Justice Buddy for this lesson.
#JusticeBuddy
#EACCaviteSchoolofCriminology
Lesson 53
Good Day Atty. Thank you for another video lesson you've prepared for us. I've learned that according to the Revised Rules of Evidence if a person has been missing for ten years and the corpse has not been found, we can presume death. People who have been left by a deceased individual may submit a Declaration of Presumptive Death. According to the Revised Rules of Evidence, we can wait up to four years to proclaim a person dead, except the individual engages in wars or is a member of the AFP, in which case we can declare death two years after the person goes missing. The exception is that we cannot announce a person's death until 10 years have elapsed after he or she has been missing; but, if the missing person is 75 years old or older, we can declare his death if he has been absent for no more than 5 years. Also, based on Revised Rules on Evidence, it should have 2 years above missing years and it should be recognized that the spouse's life is in danger to proclaim presumptive death so that the partner left can marry again without fear of the original spouse reappearing.
Good day Atty! The topic the topic on this video is about law in declaration of presumptive death.
When is the person missing will consider as dead to have a right to married again?
- Under Rules on Evidence, when the person is missing ten years ang above he can be considered as presumptively dead.
- After 10 years of missing the family can file a presumptively death to court, to process the success.
- Under Rules on Evidence, usually it should be 4 years of waiting to consider that the person is considered dead.
- Exemption, when the person is in the bad situation like war, only two years that the family should wait to declare that the person is dead
- In terms of succession, it is not allowed to consider the person is dead unless 10 years of missing is already done.
- When the person is 75 years old and above, and he is missing for 5 years it will consider as dead.
- When the person wants to have a new partner because his partner is missing, he should wait for 2 years and there should have a circumstance that his partner was in danger before declared as missing.
Thank you, Justice Buddy for this lesson.
#JusticeBuddy
#EACCaviteSchoolofCriminology
Good Day! Atty. Bajita. Today I've learned about the Revised Rules of Evidence, we can presume death if a person has been missing for ten years and the body has not been recovered. A Declaration of Presumptive Death can be submitted by people who have been left by a deceased person. We can wait up to four years to declare a person dead under the Revised Rules of Evidence unless the person is involved in a conflict or is a member of the AFP, in which case we can pronounce death two years after the person goes missing. The exception is that we cannot announce a person's death until 10 years have passed since they went missing; but, if the missing person is 75 years old or older, we can declare his death after only 5 years.
#JusticeBuddy
#EacCaviteCriminology
LESSON 50
Thank you for another meaningful lesson Atty. Jeffrey Bajita. These are my takeaways for this lesson:
Law on Declaration for Presumptive Death
-According to Revised Rules on Evidence, when claiming or opening the succession of inheritance and to presume the death of a person, he/she must be missing for 10 years and above. When the missing person is more than 75 years old, he/she will be presume dead if missing for 5 years.
-Generally, a person will be presumed dead when he/she is missing for four years including when in comes to remarriage of the person whose spouse is missing, unless the disappearance takes place where there is danger of death , 2 years shall be enough for the left spouse to remarry with declaration of presumptive death of the absent spouse, and without prejudice to the effect of reappearance of the absent spouse.
Lesson#50
In this lecture, we learned about the Law On Declaration Of Presumptive Death. According to the Revised Rules of Evidence, a person can be ruled presumptively deceased for the purposes of property succession if they have not been found for at least 10 years. According to the Revised Rules of Evidence, we can pronounce a person dead after he or she has been missing for four years, unless there are circumstances that show the individual's life is in jeopardy. The exception to the general rule is that if a person is 75 years old and has been missing for five years, we can declare him or her dead.
GOOD DAY ATTY! THANKYOU SO MUCH FOR THIS WONDERFUL TOPIC! I LEARNED THAT
If a person has been missing for more than 10 years and the family has no idea where the body is, our law, Revise Rules and Evidence, allows for a presumptive death to be declared in order to process the succession.
Except for cases where the person's life is at risk, the missing person can be considered deceased after four years. For example, if a person is a member of the AFP and there is a war, they can be deemed dead if they remain missing for two years. However, it is necessary to wait ten years to claim the succession.
In addition, if a missing person is over 75 years old, an exemption to the general rule is that he or she must wait 5 years before being declared deceased.
Further, according to the Revised Rule and Evidence, if a missing person's life is in danger, it is necessary to wait at least two years before remarrying.
Good day Atty! The topic the topic on this video is about law in declaration of presumptive death.
When is the person missing will consider as dead to have a right to married again?
Under Rules on Evidence, when the person is missing ten years ang above he can be considered as presumptively dead.
After 10 years of missing the family can file a presumptively death to court, to process the success.
Under Rules on Evidence, usually it should be 4 years of waiting to consider that the person is considered dead.
Exemption, when the person is in the bad situation like war, only two years that the family should wait to declare that the person is dead
In terms of succession, it is not allowed to consider the person is dead unless 10 years of missing is already done.
When the person is 75 years old and above, and he is missing for 5 years it will consider as dead.
When the person wants to have a new partner because his partner is missing, he should wait for 2 years and there should have a circumstance that his partner was in danger before declared as missing.
Thank you, Justice Buddy for this lesson.
#JusticeBuddy
#EACCaviteSchoolofCriminology
Good day po Atty. According to Revised Rules on Evidence, when the body of a person is reported missing for 10 or more years, a petition of Declaration of Presumptive Death must be filed.
#JusticeBuddy
lesson 53
We studied about the Law On Declaration Of Presumptive Death in this lecture. According to the Revised Rules of Evidence, if a person cannot be found for at least 10 years and above, the person can be declared presumptively dead for the purposes of property succession. It is also stated in the Revised Rules of Evidence that we can declare a person dead if he/she is nowhere to be found for around 4 years, unless there are circumstances that prove the person's life is at stake or in danger. The exception to the normal rule is that if the individual is 75 years old and cannot be discovered for 5 years, we can pronounce his or her dead.
G'day, Atty! Thank you for this lesson on the Law On Presumptive Death Declaration. "Kailan ba pwedeng ideklarang patay na ang isang tao na nawawala para sa Manahan at makagpakasal muli?" a spectator inquired in the video presentation. "It was clearly explained and brilliantly replied by you Attorney; you mentioned that "according to the Revised Rules of Evidence, if the individual is not located for at least 10 years and above, the person might be ruled presumptively dead for the succession of property." "It was also stated that under our Revised Rules of Evidence, we can declare a person dead if he or she has been missing for around 4 years, unless there are circumstances that show the person's life is in jeopardy, such as if the person's life is in danger, such as if the person's life is in jeopardy, such as if the person's life is in jeopardy, such as if the person's life is It was also said that under our Revised Rules of Evidence, we can pronounce a person dead if he or she has been missing for four years, unless there are circumstances that suggest the person's life is in jeopardy, such as if the individual is a member of the Armed Forces and has been involved in a war. The exception to the usual rule is that if a person is 75 years old and has been missing for 5 years, we can pronounce him or her dead. Thank you very much for providing such valuable and well-informed information. I eagerly forward the next debate.
Lesson 14: Law on Declaration of Presumptive Death
I learned the Law on Declaration of Presumptive Death. If the person is missing with more than 10 years and did not know where is the corpse then it can be declared presumptive death under Revised Rules of Evidence. Unless their life is in danger, a person must wait until 4 years before proclaimed dead. A person cannot regarded decreased until 10 years passed except there are special circumstances example the missing person is part of military. There is an exception to regular rule if the missing person is over 75 years old and have been gone for more than 5 years. If the person is already married but their spouse is missing they have rights to married again but it must not less than two years under Revised Rules of Evidence and file the Declaration of Presumptive Death to the count when he/she wants to married again.
Lesson 50
Good Day! Atty. Jeffrey Bajita, this lesson explained the Declaration of Presumptive Death.
Revised Rules on Evidence
Commonly, exactly 4 years have passed to be said that the person is already dead except if there are circumstances that the life of this person is in danger. For example, he is a member of the AFP and there is a fight that causes his disappearance for 2 years, it may be considered that he is dead.
In the part of succession we need to be clear that we can't declare the person is dead besides if the 10 years of his disappearance have passed and this is the exception to the general rule.
The Exception to the exception to the general rule is when the person aged 75 years old disappears for 5 years we can consider him dead.
In addition for who wants to be married for the reason of disappearance of his partner for not below 2 years and there is danger he/she include so you need to file case. And it is the Declaration of Presumptive Death to be able to marry again without prejudice to the reappearance of the original spouse.
Lesson 53 LAW ON DECLARATION OF PRESUMPTIVE DEATH
Ayon sa Revised Rules of evidence kung ang tao ay hindi matagpuan ng hindi bababa sa 10 taon pataas kung kaya't ang tao ay maaaring ideklara bilang presumptively death para sa succession ng ari-arian. Ang exemption sa exemption sa General Rule ay kung ang tao ay nasa edad na 75 ay maaari naming ideklara ang kanyang kamatayan kung hindi matagpuan sa loob ng 5 taon.
#EACSCHOOLOFCRIMINOLOGY
#JUSTICEBUDDY
Lesson 14.
GOOD DAY ATTY!
Today, I learned about the rights of spouses who have been left behind by a missing partner. According to the Revised Rules of Evidence, if a person has been missing for ten years and the body has not been found, we can presume death. People who have been left by a deceased person may file a Declaration of Presumptive Death. According to the Revised Rules of Evidence, we can wait up to four years to declare a person dead, unless the person fights in battles or is a member of the AFP, in which case we can declare death two years after the person goes missing. The exception is that we cannot declare a person's death until 10 years have passed since he or she has been missing; however, if the missing person is 75 years old or older, we can declare his death if he has been missing for no more than 5 years. Also, based on Revised Rules on Evidence, it should have 2 years above missing years and it should be known that the spouse's life is in danger to declare presumptive death, so that the partner left can marry again without fear of the original spouse reappearing.
LESSON #55
Law in declaration of presumptive death
-In general rule a person needs to be missing for four (4) years before declaring his or her death even without recovering the dead body. But there are exceptions, first is when the life of the person missing is probably in danger, for example is the life of a member of our AFP which fought dangerous groups of people. In that case the law only requires 2 years and then the family can file the case to the court about declaration of presumptive death.
-Another exception is when we're talking about succession of properties, the family of the missing person needs to wait for 10 years before filling the case of declaration of presumptive death to the court.
-The last exception is also about succession of property, if the missing person is 75 years old above and missing for 2 years the family can file a case of declaration of presumptive death to the court.
Lesson # 34
Aayon sa revised rules evidence kapag ang isang tao ay nawawala na ng hindi hihigit sa sampung taon at hindi makita ang bangkay ay pwede na magdeclare na presumptively death ito'y isang kaso na pwedeng isampa sa korte upang maayos Ang manahan ng mga ari-arian.
#JusticeBuddy
#BSUARASOF
Thankyou for another wonderful topic atty i learned about law on declaration of presumptive death
Particularly in the Revised Rules on Evidence
If the person is missing for more than 10 years and did not know where the body was, then can be declared presumptively dead.
Presumptively death - case to be filled by those left behind of the said deceased in our court. To process the succession or the dwelling of property.
How many years is the extension to declare dead the missing person?
According to Revised Rules on Evidence, commonly four years to wait for to say that the person may have died unless there are circumstances that say which is dangerous to the life of that person.
In succession, it is not allowed to declare a person dead unless when the ten years went by are over. That is the exception to the general rule.
Exception to exception to the general rule, if the missing person is over 75 years old and just needs missing for five years.
What if the husband/wife disappears how long can the spouse be married?
it must not be less than two years, which was indicated in Revised Rules on Evidence. And it must have danger in his/her life. The spouse must file a case of Declaration of Presumptive Death to marry someone else. But according to the law "WITHOUT PREJUDICE TO THE APPEARANCE OF THE SPOUSE".
#JusticeBuddy
Good day Atty. I learned that under the revised Evidenced Rules, if a person has been missing for than 10 days and no one knows where that corpse is, it can be considered dead. Perhaps the death of the surviving dependents of the deceased has been filed in our court. In heriting or possessing property. Under the revised rules of evidence, the waiting time for a person to say thay he/she may have died is usually four years, unless there is a life-threatening situation. No one can be declared dead at a time until 10 years have passed. This is an exception to the general rule. Exception to the general rules if the missing person is over 75 years old and have been missing for only 5 years. Must be atleast 2 years as stated in the revised Evidence Rules. And there must be danger in that life. The spouse must submit a statement of allegations of death in order to marry another person. The law is “no requirement for the appearrance of a marriage partner” explained the depth within two years when the husband is at risk. Thankyou and Godbless.
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Good day Atty! Thank you for this lesson where we learn about the Law On Declaration Of Presumptive Death. According to the video lecture a viewer asked” Kailan ba pwedeng ideklarang patay na ang isang tao na nawawala para sa Manahan at makagpakasal muli?” It was well explained and excellently answered by you Attorney, you said that “ according to the Revised Rules of evidence if the person is cannot be found for atleast 10 years and above therefore it the person can be declared as presumptively death for the succession of property. “ it was also stated that as per our Revised rules on evidence we can declare that a person is dead if he/she is nowhere to be found for around 4 years except if there is a circumstances that can prove the life of that person is at stake or danger like for example if the person is part of the Armed Forces and faced a battle. The exemption to the exemption to the general rule is that if the person is at the age of 75 we can declared his/her death if cannot be found for 5 years. Thank you so much for this wonderful and very knowledgeable information you gave. I am looking forward for the next discussion.
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Lesson #34
When a person has been missing for more than ten years and the body has not been found, the Revised Rules of Evidence allow for a statement of believed dead. To address the tenure of the property, a legal case might be initiated.
Good day Atty! Thank you for the more meaningful discussion. Especially under the revised Evidence Rule, if a person has been missing for more than 10 years and no one knows where the corpse is, it can be considered dead. Perhaps the death of the surviving dependents of the deceased has been filed in our court. Inheriting or possessing property. Under the revised rules of evidence, the waiting time for a person to say that he or she may have died is usually four years, unless there is a life-threatening situation. No one can be declared dead at a time until 10 years have passed. This is an exception to the general rule. Exception to the general rules if the missing person is over 75 years old and has been missing for only 5 years. Must be at least 2 years as stated in the revised Evidence Rule. And there must be danger in that life. The spouse must submit a statement of allegations of death in order to marry another person. However, according to the law, "no requirement for the appearance of a marriage partner" explained the depth within two years when the husband is at risk.
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Lesson#58
Good day Atty! The topic for today is about the LAW ON DECLARATION OF PRESUMPTIVE DEATH. According to the REVISED RULES ON EVIDENCE if a person is missing for 10 years or more and does not have information about the body may be declared as PRESUPTIVE DEATH for the party or the family of the person to process the succession of property (MANAHAN). According to the REVISED RULES ON EVIDENCE, usually 4 years is needed to declare a person is dead. But if there is a circumstance that the person is in danger or a member of PNP and AFP, they may declare the person is dead if the person is missing for 2 years. And when it comes to succession, the person missing for 10 years or more can be assumed dead. But there is as exception to the general rule, if the person that is missing is on the age of 75, they only need to wait for 5 years for them to declare him/her dead. I’ve also learned in this video that if your partner or spouse is missing for 2 years or more and if that person is on danger, you can find another partner or can be married again, but you need to file a case first or the DECLARATION OF PRESUMPTIVE DEATH.
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Good day po Atty. Thank you for another lecture. I learned a lot in this video lecture.Law in declaration of presumptive death
-In general rule a person needs to be missing for four (4) years before declaring his or her death even without recovering the dead body. But there are exceptions, first is when the life of the person missing is probably in danger, for example is the life of a member of our AFP which fought dangerous groups of people. In that case the law only requires 2 years and then the family can file the case to the court about declaration of presumptive death.
-Another exception is when we're talking about succession of properties, the family of the missing person needs to wait for 10 years before filling the case of declaration of presumptive death to the court.
-The last exception is also about succession of property, if the missing person is 75 years old above and missing for 2 years the family can file a case of declaration of presumptive death to the court. Thank you and God bless
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Justice Buddy explains different points about Law on the Declaration of Presumptive Death. I learned a lot today.
Under the revised rules on Evidence, if the person was missing more than 10 years without founding his corpse can be declared as presumptively dead.
Presumptively death is the case to be filed by the family of the deceased in the court to process the succession or the dwelling of the properties.
How long it would take to declare the missing person dead?
- Under the Revised Rules on Evidence, generally (4) years unless there are circumstances that the person is in a dangerous condition. For example, if he/she is deployed in an armed conflict somewhere. In succession, it is not allowed to declare a person dead unless the ten-year rule has passed. That is the exception to the general rule. On the other hand, there is an Exception to exception to the general rule if the missing person is over 75 years old the required years is only 5 years to declare him/her dead.
What if the husband/wife disappeared, how long can the spouse marry another person?
- it must not be less than two(2) years, which was indicated in Revised Rules on Evidence. And it must have danger in his/her life. The spouse must file a case of Declaration of Presumptive Death to marry someone else. But according to the law "WITHOUT PREJUDICE TO THE APPEARANCE OF THE SPOUSE".
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Good Day and Thank You atty.
Lesson #55
LAW ON DECLARATION OF PRESUMPTIVE DEATH
- The Presumptive Death can be declared if the person missing is over 10 years ago for death claim but there is an exemption to this general rule that if the person missing is aged 75 years above, he/she should miss above 5 years at declaring death.
What if the husband/wife disappears how long can the spouse be married?
-According to the Revised rules on Evidence, it must be not less than 2 years. The spouse needs to file a declaration of presumptive death to marry again without prejudice to the appearance of the spouse.
Good day Atty. Bajita
Thank you for sharing this informative video, I've learned a lot.
LESSON #55
LAW OF DECLARATION OF PRESUMPTIVE DEATH
✓Particularly in the Revised Rules on Evidence, If the person is missing with more then 10 years and did not know where the corpse was, then it can be declared presumptively death.
✓ The Presumptively death - case to be filled by those left behind of the said deceased, to process the succession or the dwelling of property.
✓According to Revised Rules on Evidence, the extention to declared that the missing person is dead was commonly four(4) years to wait to say that the person may have died, unless there are circumstances that says might be dangerous to the life of that person.
✓ It is not allowed to declare a person dead unless when the ten (10) years are over, that is the exception as pertain to the general rule.
✓ Exception to exception to the general rule, if the missing person is over 75 years old and just need missing for five (5) years.
What if the husband/wife disappears how long can the spouse be married?
✓It must not less than two(2) years, that was indicate in Revised Rules on Evidence. And it must have danger in his/her life. The spouse must filed a case of Declaration of Presumptive Death to marry someone else. But according to the law "WITHOUT PREJUDICE TO THE APPEARANCE OF THE ORIGINAL SPOUSE".
LESSON 50; BATAS DECLARATION OF PRESUMPTIVE DEATH
Thank You for today's lesson, Atty.
When can a person who is missing be declared dead to live and remarry? > specifically in the revised rule of evidence and we have been missing for more than ten years and do not know the whereabouts of that body and can be declared "presumptive death"
HOW MANY YEARS WILL IT TAKE BEFORE A MISSING PERSON IS DECLARED DEAD? > From revised rule and evidence, an average of four years must be waited for a person to be declared dead. unless there are circumstances that say that the person is delicate. WHAT IF THE WIFE IS LOST WHEN SHOULD I GET MARRIED? > Must be at least two years
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LESSON 50, BATAS SA DECLARATION OF PRESUMPTIVE DEATH
Good day Sir, In this lecture I've learned about the Law On Declaration Of Presumptive Death. According to the Revised Rules of evidence if the person is cannot be found for at least 10 years and above therefore it the person can be declared as presumptively death for the succession of property and stated that in Revised rules on evidence we can declare that a person is dead if he/she is nowhere to be found for around 4 years except if there is a circumstances that can prove the life of that person is at stake or danger. The exemption to the exemption to the general rule is that if the person is at the age of 75 we can declared his/her death if cannot be found for 5 years.
Nice one buddy
Good afternoon atty Jeffrey Bajita
Lesson 14
Law on Declaration of Presumptive Death
If a person has been absent for at least ten years and has not been found, the person can be assumed dead for the purposes of property succession, according to the Revised Rules of Evidence. Unless there are circumstances that suggest the person's life has been in danger, such as if the person is an Armed Forces member and has been involved in a war, we can pronounce him or her dead under our Revised Rules of Evidence after he or she has been missing for around 4 years.
We can declare a person dead if he or she is 75 years old and has been missing for five years, as an exception to the general rule.
If a husband or wife has been missing for more than two years and has been involved in a dangerous situation and their spouse has been unable to find them, the spouse can only file a "Declaration of Presumptive Death" case to allow them to remarry, according to the Revised Rules of Evidence.
Good day Atty, for today's topic we tackled about the Law on Declaration of Presumptive Death. If the person is missing with more than 10 years and did not know where is the corpse then it can be declared presumptive death under Revised Rules of Evidence. Unless their life is in danger, a person must wait until 4 years before proclaimed dead. A person cannot regarded decreased until 10 years passed except there are special circumstances example the missing person is part of military. There is an exception to regular rule if the missing person is over 75 years old and have been gone for more than 5 years.
#JusticeBuddy
Good Day Atty LAW IN DECLARATION OF PRESUMPTIVE DEATH In general rule a person needs to be missing for four (4) years before declaring his or her death even without recovering the dead body. But there are exceptions, first is when the life of the person missing is probably in danger, for example is the life of a member of our AFP which fought dangerous groups of people. In that case the law only requires 2 years and then the family can file the case to the court about declaration of presumptive death. Another exception is when we're talking about succession of properties, the family of the missing person needs to wait for 10 years before filling the case of declaration of presumptive death to the court. The last exception is also about succession of property, if the missing person is 75 years old above and missing for 2 years the family can file a case of declaration of presumptive death to the court. #JusticeBuddy
Lesson #34
✓ Under the Revised Rules Evidence na ang isang tao nawawala na ng mahigpit sa sampung taon at hindi na matukoy o malaman kung nasaan ang bangkay nito pwede ng declaration of presumptively death.
✓ Maaaring isampa sa korte ang kasong ito upang maproseso ang mamanahin sa mga ari arian.
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