presumptive death of spouse

I was married 13 years ago but my husband left 2 years after the marriage. He left me and my 2 kids for another woman. I haven't heard of him for almost 11 years now. I have no plans of getting in a relationship before and also due to my pride I didn't care to look for my missing husband. Why should I? He's the one who leave us. But not until I met someone who is really a nice person who love not only me but also loves my kids. The problem now is my previous marriage. I wish to remarry. Can I file my spouse as presumptive death since I haven't heard of him. I asked his relatives already and they don't know where he is. I even checked his SSS he has no contribution for 12 years now. I checked his last known address and he does not live there. He doesn't have any facebook. Do u think I can file him presumptive death? What documents do I need for that case? I really hope u can help me po. Thanks in advance.

Hi,

Yes, you can file for a Petition for the Declaration of Presumptive Death of your husband because you wish to remarry.

Under the Family Code of the Philippines, the following are the requisites for this petition:

1. That the absent spouse has been missing for four (4) consecutive years, or two (2) consecutive years if the disappearance occurred where there is danger of death under the circumstances laid down in Article 391, Civil Code.

2. That the present spouse wishes to remarry.

3. That the present spouse has a well-founded belief that the absentee is dead.

4. That the present spouse files a summary proceeding for the declaration of presumptive death of the absentee.

As long as you have sufficient evidence (documents, testimonies from his relatives/immediate family members, etc.), there is a big chance you have him declared as presumptively dead.

If you need legal assistance, you can send a direct email to km@kgmlegal.ph

Warm regards,
Atty. Katrina

Thanks so much po. Pero what if po kung in the span of 11 years he's missing, ngayon ko lng na declare. Is it still be considered 11 years? And his relatives just telling me they don't know where he is but no evidence he's really dead. What if they just hiding him from me? But still he has no records on BIR, SSS, NBI etc.. He can still be considered pre assumed dead. And lastly how much po kaya if will cost? Thanks

4 years lang naman kailangan for purposes of declaration of presumptive death (to remarry). So, the longer, the better. Basta dapat yung proof mo na wala talaga nakakaalam kung nasaaan siya ay at least for 4 years.

For the costs, you can send me a direct email to km@kgmlegal.ph

Regards,
Atty. Katrina