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IN RE INTESTATE ESTATE OF DECEASED MARCIANA ESCANO. ANGELITA JONES

This case has been cited 2 times or more.

2006-03-24
CARPIO MORALES, J.
In the case at bar, as found by the CFI, Alice had been absent for 15 consecutive years [45] when Bailon sought the declaration of her presumptive death, which judicial declaration was not even a requirement then for purposes of remarriage. [46]
2000-04-06
VITUG, J.
A judicial declaration of absence of the absentee spouse is not necessary[8] as long as the prescribed period of absence is met. It is equally noteworthy that the marriage in these exceptional cases are, by the explicit mandate of Article 83, to be deemed valid "until declared null and void by a competent court." It follows that the burden of proof would be, in these cases, on the party assailing the second marriage.