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Presumptive Death

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1 Presumptive Death on Mon Dec 10, 2012 6:10 pm

madc_1978


Arresto Menor
Hi,

I've been separated from my husband for almost 9 years now. I don't know where he is nor his whereabouts.

We separated year 2003 and i think year 2004 he went to dubai to see his father in Iran. He was actually born in Iran but never had the chance to meet his father. He was not even registered in NSO. So, the last news I heard was-- he went out of the country. From then on, I never heard anything from him. His relatives don't even talk to me and I'm also not interested knowing where he is.

Year 2006, I met a new partner and we now have 2 kids. We're planning to get married but I cannot file annulment since I don't know where my ex-husband is.

Please tell us what to do and where to start. Where do we go to file the presumptive death?

How much would be the fee?

Hope someone could help as I really don't know what to do anymore. In my SSS my ex-husband is still the beneficiary. SSS didn't even allow me to use my maiden name even if I already told them my situation.

I need to make things legal for the benefit of my two kids.

Thank you very much for this kind of channel.

God bless.

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2 Re: Presumptive Death on Mon Dec 10, 2012 11:11 pm

shad_marasigan


Reclusion Perpetua
period of prescription is 10 years from the time the absence has been known. it should retro-act from the time you have known the time of the absence. you can file a petition for presumptive death. the petition would only prosper after the prescription has elapsed in this case 10 years.
you should consult a lawyer so that he would be able to guide you on this one. you can go to Public Attorney's Office, they are happy to serve you. Smile
hope this helps. if you can afford a lawyer, then the expense depends on his fees. once the court granted your petition, you can now update your SSS.

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3 Re: Presumptive Death on Tue Dec 11, 2012 2:51 pm

madc_1978


Arresto Menor
Thank you very much Shad! does it mean I can't file it yet coz it's just 9 years since I last saw him?

Thank you for taking time answering my queries!

God bless you!

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4 Re: Presumptive Death on Tue Dec 11, 2012 11:15 pm

attyLLL


moderator
Art. 41. A marriage contracted by any person during subsistence of a previous marriage shall be null and void, unless before the celebration of the subsequent marriage, the prior spouse had been absent for four consecutive years and the spouse present has a well-founded belief that the absent spouse was already dead.

you can file it now, but note you have to prove a well founded belief that he is dead. mere absence of communication is not enough. you have to show that you underwent a good faith search for him and left no other alternative that he is probably already dead. this usually entails going to his relatives and home town. add the internet too


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5 Re: Presumptive Death on Wed Dec 12, 2012 2:15 pm

madc_1978


Arresto Menor
Thank you attyLLL for your time.

God Bless you!

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6 Re: Presumptive Death Today at 8:27 am

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