Legal Insights
Plain-language guides and case briefs on Philippine law — researched from the firm's law library of 184,000+ statutes, Supreme Court decisions, and agency issuances, and written so non-lawyers can understand and act on them.
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Presumptive Death Under Article 41: Proving a Well-Founded Belief
The Supreme Court clarifies what it takes to prove a well-founded belief of death under Article 41 of the Family Code.
Declaration of Presumptive Death: What "Well-Founded Belief" Really Means
The Supreme Court clarifies the stringent "well-founded belief" requirement for declaring a spouse presumptedly dead under Article 41 of the Family Code.
Navigating Appeals in Multi-Defendant Cases: Understanding the Proper Remedies Under Philippine Law
Learn the proper remedies when appealing summary proceedings like presumptive death declarations under Philippine law, explained clearly.
Navigating Presumptive Death: Legal Requirements for Declaring a Spouse Deceased in the Philippines
The Supreme Court clarifies the strict "well-founded belief" standard for declaring a spouse presumptively dead under Article 41 of the Family Code.
Presumptive Death for Military Benefits: No Court Declaration Needed
Supreme Court clarifies that PVAO and AFP can process death benefits of missing soldiers without a court declaration of presumptive death.
Well-Founded Belief and Presumptive Death: Diligence Required for Remarriage
The Supreme Court clarifies the strict "well-founded belief" standard under Article 41 of the Family Code for declaring a missing spouse presumptively dead.
Diligent Search Required for Presumptive Death Declarations Under the Family Code
The Supreme Court clarifies the stringent "well-founded belief" standard for declaring a spouse presumptfully dead under Article 41 of the Family Code.
Annulment of Judgment vs. Affidavit of Reappearance: Fraudulent Presumptive Death Declarations
When a presumptive death declaration is obtained by fraud, the Supreme Court clarifies why annulment of judgment—not an affidavit of reappearance—is the proper remedy.
Presumptive Death Declarations: Proving Well-Founded Belief and the Right Remedy on Appeal
Learn the rules on judicial declaration of presumptive death under Article 41 of the Family Code, including the required proof and why such rulings are immediately final and executory.
Second Marriages and SSS Death Benefits: Why Court Decisions Matter
The Supreme Court rules on whether the SSS can disregard a court declaration of presumptive death when awarding death benefits.
Bigamy and Presumptive Death: When a Second Marriage Becomes a Crime
The Supreme Court explains why a judicial declaration of presumptive death is required before remarrying, and when bigamy applies.
Declaration of Presumptive Death: A Summary Proceeding, Not a Special Proceeding
Supreme Court clarifies that a petition to declare a spouse presumptively dead under the Family Code is a summary proceeding, not a special proceeding requiring a record on appeal.
Finality Prevails: No Appeal from Presumptive Death Declarations Under the Family Code
The Supreme Court clarifies that judgments in summary judicial proceedings for presumptive death under Article 41 of the Family Code are immediately final and executory, leaving no room for appeal.
Judge's Authority in Marriage Solemnization: Jurisdiction and Validity Rules
Learn the jurisdictional limits of judges solemnizing marriages in the Philippines and the mandatory presumptive death proceeding under the Family Code.