‘Declare missing disaster victims dead after 2 years’

MANILA, Philippines - In order to facilitate the receipt of death benefits by the families of victims of natural calamities, any person who goes missing for two years after a disaster should be presumed dead, Sen. Miriam Defensor-Santiago said yesterday.

This was the proposal of Santiago, who is calling for an amendment of the Civil Code in order to bring down from four years to two years the period of time that a missing person due to natural disasters of calamities should be presumed dead.

After Typhoon Yolanda hit the country in 2014, Manila Auxiliary Bishop Broderick Pabillo said the four years provided under the Civil Code appears to be unbearable for the grieving relatives who survived the onslaught of the storm.

“These typhoons and other natural disasters have left thousands of families of the missing victims waiting for several years just to receive death benefits,” Santiago said.

Under the Civil Code, a person shall be presumed dead for all purposes after an absence of seven years, except for those of succession.

For the purpose of opening a missing person’s succession, the Civil Code requires an absence of 10 years.

However, if the person disappears after the age of 75, an absence of five years would already be considered sufficient in order that his succession may be opened. 

Exceptional circumstances

The Civil Code does, however, provide for exceptional circumstances when a person shall be presumed dead for all purposes: if he was on board a plane or sea vessel that went missing; if he is in the armed forces and was involved in war or if the person has been in danger of death under other circumstances and his existence has not been known for four years.

The third exceptional circumstance would apply to persons who went missing during natural disasters or calamities. 

Santiago noted that even though the Philippines is a disaster-prone country, the provision in the Civil Code does not specifically include a person missing due to natural disasters or calamities.

She said that the four years provided under the third exceptional circumstance was still too long considering what the people the missing persons left behind have to go through. 

“The waiting period unnecessarily aggravates the grief of the relatives of the missing victims and it also prolongs their agony,” Santiago said in filing Senate Bill 2703. 

The bill proposes an amendment of Section 1 of Article 391 of the Civil Code so that a specific provision on persons missing due to natural calamities or disasters would be included.

Under Santiago’s proposal, two years would be enough to declare a missing person as dead.