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Art. 41 Presumptive death

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1 Art. 41 Presumptive death on Fri Jan 24, 2014 12:34 pm


Arresto Menor
Is there an exception to the 2 year perio? Like an instance where you can presume the death even before the lapse of 2 years? pls. give your opinions. thank you

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2 Re: Art. 41 Presumptive death on Fri Jan 31, 2014 1:27 pm


Arresto Menor
i think 2 years is the minimum period under article 41.

pero siguro if there is really an extraordinary case like:

A accompanied and saw his wife B boarded a plane bound for Hong Kong. while A was watching from the grounds of the airport, that said plane suddenly exploded after just several seconds from its take off. almost all the bodies of the crew and passengers were identified and accounted for except for 5 passengers, which included B and this was despite the confirmation of the flight manifest and airport CCTV footage that the said 5 passengers actually and really boarded the plane.

in this case, pwede na sigurong hindi na hintayin ang 2 year period and i-argue ni A na namatay na talaga ang asawang si B at hindi na kailangan pang mag file ng petition for presumption of death of B.

just my opinion.

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