SIXTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
Second Regular Session 
SENATJ;L 
S.No. 
2703 
) 
) 
) 
Introduced by Senator Miriam Defensor Santiago 
AN ACT 
'15 
MAR 17 P 2 :33 
AMENDING REPUBLIC ACT NO. 386, OTHERWISE KNOWN AS THE CIVIL 
CODE OF THE PHILIPPINES, ARTICLE 391 
EXPLANATORY NOTE 
The Civil Code, Chapter 4 (Presumption of Death), Article 390 states: 
Article 390. After an absence of seven years, it being unknown 
whether or not the absentee still lives, he shall be presumed dead for all 
purposes, except for those of succession. 
The absentee shall not be presumed dead for the purpose of opening 
his succession till after an absence of ten years. If he disappeared after the 
age of seventy-five years, an absence of five years shall be sufficient in 
order that his succession may be opened. 
Under the Civil Code, Article 390, as a general rule, a person shall be presumed 
dead for all purposes after an absence of seven years, except for those of succession. For 
purposes of opening the absentee's succession, the law requires an absence of ten years. 
However, if the absentee disappeared after the age of75, an absence of five years shall be 
sufficient in order that his succession may be opened. 
The Civil Code provides for exceptional circumstances when a person shall be 
presumed dead for all purposes. Article 391 provides: 
Article 391. The following shall be presumed dead for all purposes, 
including the division of the estate among the heirs: 
(1) A person on board a vessel lost during a sea voyage, or an 
aeroplane which is missing, who has not been heard of for four years since 
the loss of the vessel or aeroplane; 


(2) A person in the armed forces who has taken part in war, and has 
been missing for four years; 
(3) A person who has been in danger of death under other 
circumstances and his existence has not been known for four years. 
In the 7 November 2014 issue of the Manila Bulletin, Manila Auxiliary Bishop 
Broderick Pabillo said that the length of time provided under the Civil Code appears to be 
unbearable for the grieving relatives who survived the onslaught of super typhoon 
Yolanda.! 
According to the 2012 World Disaster Report, the Philippines is the third most 
disaster-prone country in the world because of its high exposure to natural calamities.2 
In 2011, typhoon "Sendong" left around 1,257 dead, 6,071 injured, and 182 
missing across 13 provinces. In 2012, typhoon "Pablo" hit Mindanao that caused similar 
deaths and damage as "Sendong." Typhoon "Pablo" took the lives of 1,067 people and 
injured 2,666 others in 34 provinces, and 834 people went missing. In 2013, super 
typhoon "Yolanda" killed at least 6,201 people, left more than 28,000 injured, with 1,785 
others missing, according to the National Disaster Risk Reduction and Management 
Council.3 These typhoons and other natural disasters have left thousands of families of 
the missing victims waiting for several years just to receive death benefits. 
The Philippines is a disaster prone country but Article 391 does not specifically 
include a person missing due to natural disasters or calamities, like typhoon, volcanic 
eruption, tsunami, storm surge, earthquake, tornado, landslide, and flood. Although a 
person missing due to natural disasters or calamities may fall under Article 391, 
paragraph 3, four years is still a long time. The waiting period unnecessarily aggravates 
the grief ofthe relatives of the missing victims and it also prolongs their agony. 
I http://www.mb.com.ph/1785-still-missing-a-year-after-yolanda!. 
2 http://globalnation.inquirer.net/52858/philippines-is-3rd-most-disaster-prone-country-new-
study-shows/. 
3 http://www.abs-cbnnews.com/specials/3disasters. 
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" 
Hence, this bill reduces the number of years, from four years to just two years, 
before a person who has been missing due to natural disasters or calamities shall be 
presumed dead for all purposes. 
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SIXTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
Second Regular Session 
SENAJJL 
S.No. 
~'703 
) 
) 
) 
'15 
MAR 17 P 2 :33 
RE( EIVF;D BY: ____ ~~_ 
Introduced by Senator Miriam Defensor Santiago 
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled: 
1 
AN ACT 
2 
AMENDING REPUBLIC ACT NO. 386, OTHERWISE KNOWN AS THE CIVIL 
3 
CODE OF THE PHILIPPINES, ARTICLE 391 
4 
SECTION 1. Article 391 ofthe Civil Code is hereby amended to read as follows: 
5 
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Article 391. The following shall be presumed dead for all purposes, 
7 
including the division of the estate among the heirs: 
8 
(1) A person on board a vessel lost during a sea voyage, or an 
9 
aeroplane which is missing, who has not been heard of for four years since 
10 
the loss of the vessel or aeroplane; 
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(2) A person in the armed forces who has taken part in war, and has 
12 
been missing for four years; 
13 
(3) A person who has been in danger of death under other 
14 
circumstances and his existence has not been known for four years; AND 
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(4) A PERSON WHO HAS BEEN MISSING FOR TWO 
16 
YEARS DUE TO NATURAL DISASTERS OR CALAMITIES, 
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INCLUDING, BUT NOT LIMITED TO, TYPHOON, VOLCANIC 
18 
ERUPTION, 
TSUNAMI, 
STORM 
SURGE, 
EARTHQUAKE, 
19 
TORNADO, LANDSLIDE, FLOOD; PROVIDED THAT THERE IS A 
20 
WELL-FOUNDED BELIEF THAT THE PERSON IS DEAD. 
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1 
SECTION 2. Repealing Clause. - All laws, decrees, orders, rules and regulations, 
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or parts thereof inconsistent with this Act are hereby repealed or amended accordingly. 
3 
SECTION 3. Effectivity. - This Act shall take effect fifteen (15) days after its 
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publication in at least two (2) newspapers of general circulation. 
Approved, 
ffldpi3mar2015 
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