Text of the provision

Sec. 4. Presumption of death. — For purposes of settlement of his estate, a person shall be presumed dead if absent and unheard from for the periods fixed in the Civil Code. But if such person proves to be alive, he shall be entitled to the balance of his estate after payment of all his debts. The balance may be recovered by motion in the same proceeding.

Rules of Court, Rule 73, Section 4. Reproduced verbatim and verified word-for-word against four independently published renderings of the Rules of Court — only text on which at least two independent publishers agree is shown.

About this section

This is Section 4 of Rule 73 (Venue And Processes) of the Rules of Court of the Philippines — the Special Proceedings rules (Rules 72–109), in force since January 1, 1964. The text above is reproduced verbatim.

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Note. The text above is reproduced in full from the Rules of Court (Special Proceedings), verified word-for-word against four independently published renderings of the Rules of Court — only text on which at least two independent publishers agree is shown. The framing around it is general legal information, not legal advice. How a rule applies to a particular case depends on facts that only a lawyer reviewing your matter can assess.