Read with care. This presumption is sound for civil purposes such as settling an estate — but it is NOT the rule for remarriage. A spouse who wants to remarry must proceed under Article 41 of the Family Code, which sets its own period and requires a judicial declaration of presumptive death first. Remarrying on the strength of the periods below, without that declaration, puts the second marriage at risk.
Text of the provision
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)
Civil Code of the Philippines, Republic Act No. 386, approved June 18, 1949, effective August 30, 1950. Reproduced in full; verified verbatim against the LawPhil and ChanRobles official-text renderings.
What this article means
Four years suffices to presume death for all purposes, including division of the estate, for a person aboard a vessel lost at sea or a missing aeroplane and unheard of since the loss; a person in the armed forces who took part in war and has been missing; and a person who was in danger of death under other circumstances and whose existence has not since been known.
Related provisions
- Article 390 — Presumption of Death by Absence.
- Article 392 — If the Absentee Returns.
Cases citing this article
- Estrellita Tadeo-Matias, vs. Republic of the Philippines, G.R. No. 230751, April 25, 2018 — read the decision on LawPhil →
- Imelda L. Pantollano, et al. vs. Korphil Ship Management and Manning Corporation, G.R. No. 169575, March 30, 2011 — read the decision on LawPhil →
- Eduardo P. Manuel vs. People of the Philippines, G.R. No. 165842, November 29, 2005 — read the decision on LawPhil →
- Republic of the Philippines vs. Josephine Ponce-Pilapil, G.R. No. 219185, November 25, 2021 — read the decision on LawPhil →
- Republic of the Philippines vs. Leilanie Dela Cruz Fenol, G.R. No. 212726, June 10, 2020 — read the decision on LawPhil →
Compiled automatically from Supreme Court decisions published on LawPhil that expressly cite this article, most frequently cited first. A listing means the decision cites the provision — it is not a statement that the case is the leading authority, and it does not show whether a ruling has since been modified or abandoned. Always read the decision itself.