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Petition for declaration of presumptive death

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1 Petition for declaration of presumptive death on Sun Jan 24, 2016 4:07 am


Arresto Menor
My boyfriend was married 9 years ago and has never seen or spoken to her since.the separation. I have read your article about declaration of presumptive death and he is willing to go through the process. However,he is currently an ofw in Saudi Arabia and has limited access. Therefore he asked me to get more info on how to go about this process. You have mentioned in your article that one must show that he/she has tried to diligently locate their spouse in order to claim presumptive death. Should we file it first on RTC or should we first start with getting proofs of locating his ex wife?what kinds of proof are accepted? and will he need to come home to the Philippines every court hearing? Can I be authorized to process the request on his behalf?
I really hope you could shed some light on this.
Looking forward to your response.

Thank you!

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Arresto Menor
Good day mam,

You have to answer first the following questions for clarity:
1. What kind of marriage, Was it Civil or Islamic Marriage?
2. You mentioned, they separated, for how long? (and what reason)?


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Reclusion Perpetua
Of course, you should get proofs yet of the presumption before going to courts or else mas tatagal ang kaso kasi hahanap pa ng evidence. The last address known should have been gone, pwede na affidavits ng mga kakilala ng asawa, mga kababayan ng asawa, basta kahit ano na makakaprove na wala siya sa mga lugar na possible nyang puntahan.

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