UP LAW BOC PERSONS AND FAMILY RELATIONS CIVIL LAW
• Judicial separation of property (Art. Art. [Link] following shall be presumed
1490) dead for all purposes, including the
division of the estate among the heirs:
(8) A suit between family members cannot
prosper without any showing that 1. A person on board a vessel lost during a
earnest effort towards a compromise sea voyage, or an aeroplane which is missing,
have been made but have failed (Art. 151, who has not been heard of for four years
FC) since the loss of the vessel or aeroplane;
• EXCEPT: questions on civil status of
2. A person in the armed forces who has
persons, validity of a marriage or a
legal separation, any ground for taken part in war, and has been missing for
legal separation, future support, four years;
jurisdiction of courts, future legitime 3. A person who has been in danger of death
(Art. 2035).
under other circumstances and his existence
has not been known for four years.
VII. Alienage
Dual citizenship is different from dual Art. 41.A marriage contracted by any person
allegiance. The former arises when, as a
during subsistence of a previous marriage
result of the concurrent application of the shall be null and void, unless before the
different laws of two or more states, a person
celebration of the subsequent marriage, the
is simultaneously considered a national by prior spouse had been absent for four
the said states. Dual allegiance, on the other
consecutive years and the spouse present has
hand, refers to the situation in which a person a well-founded belief that the absent spouse
simultaneously owes, by some positive act, was already dead. In case of disappearance
loyalty to two or more states. While dual
where there is danger of death under the
citizenship is involuntary, dual allegiance is circumstances set forth in the provisions of
the result of an individual’s volition. For
Article 391 of the Civil Code, an absence of
candidates with dual citizenship, it should only two years shall be sufficient.
suffice if, upon the filing of their certificates of
candidacy, they elect Philippine citizenship to For the purpose of contracting the
terminate their status as persons with dual subsequent marriage under the preceding
citizenship considering that their condition is paragraph the spouse present must institute
the unavoidable consequence of conflicting a summary proceeding as provided in this
laws of different states. [Cordora vs COMELEC Code for the declaration of presumptive
(2009)] death of the absentee, without prejudice to
the effect of reappearance of the absent
spouse.
VIII. Absence Art. [Link] subsequent marriage referred to
Art. 390. After an absence of seven years, it in the preceding Article shall beautomatically
being unknown whether or not the absentee terminated by the recording of the affidavit of
still lives, he shall be presumed dead for all reappearance of the absent spouse, unless
purposes, except for those of there is a judgment annulling the previous
succession. marriage or declaring it void ab initio.
The absentee shall not be presumed dead for A sworn statement of the fact and
the purpose of opening his succession till circumstances of reappearance shall be
after an absence of ten years. If he recorded in the civil registry of the residence
disappeared after the age of seventy-five of the parties to the subsequent marriage at
years, an absence of five years shall be the instance of any interested person, with
sufficient in order that his succession may be due notice to the spouses of the subsequent
opened. marriage and without prejudice to the fact of
reappearance being judicially determined in
case such fact is disputed.
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