Article 390
ELI5— what this means for you
After seven years of unexplained absence, a missing person is presumed dead for all purposes except inheritance; their estate can only be opened after ten years of absence — or five years if they disappeared after turning 75.
Official text — RA 386
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. (n)
Source: lawphil.net (RA 386 as amended)
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