2015 Civil Law, Q5

Mrs. L was married to a ship captain who worked for an international maritime vessel. For her and her family’s support, she would claim monthly allotments from her husband’s company. One day, while en route from Hong Kong to Manila, the vessel manned by Captain L encountered a severe typhoon at sea. The captain was able to send radio messages of distress to the head office until all communications were lost. In the weeks that followed, the search operations yielded debris of the lost ship but the bodies of the crew and the passengers were not recovered. The insurance company thereafter paid out the death benefits to all the heirs of the passengers and crew. Mrs. L filed a complaint demanding that her monthly allotments continue for the next four years until her husband may be legally presumed dead because of his absence. If you were the magistrate, how would you rule? (3%)

Quick check

Under Article 391(1) of the Civil Code, what is the required period of absence before a person on board a lost vessel is presumed dead?

In cases of extraordinary disappearance such as a shipwreck under Article 391, when is the missing person presumed to have died?

What is the effect of Captain L's presumed death at the time of the shipwreck on Mrs. L's monthly allotments?

Which of the following events constitutes an extraordinary disappearance under Article 391 of the Civil Code?

Why is Mrs. L not entitled to receive monthly allotments for the next four years after the vessel was lost?

Learn more about these topics

1. Presumption of Death
Under Article 391, paragraph 1 of the Civil Code, a person on board a vessel lost during a sea voyage, or an aircraft which is missing, who has not been heard of for four years since the loss of the vessel or aircraft, is presumed dead for all purposes. In extraordinary disappearance situations such as shipwrecks or air disasters, the law creates a presumption of death due to the severe peril involved. Once the statutory period elapses, the presumption takes effect, establishing death and opening the succession of the missing person.

2. Time of Death
In cases of extraordinary disappearance governed by Article 391 of the Civil Code, the presumer is not deemed to have died at the end of the four-year missing period. Instead, jurisprudence and legal provisions dictate that the presumption of death retroacts to the exact time of the calamity or shipwreck. Therefore, once the presumption applies, the individual is legally deemed to have died on the very day and hour when the vessel was destroyed or lost at sea.

3. Seaman Allotment Termination
Under Philippine maritime labor law and standard employment contracts for seafarers, a seaman's entitlement to monthly wage allotments is directly contingent upon the subsistence of his employment relationship. Because the death of an employee terminates the employment contract by operation of law, the presumption of death retroacting to the date of the shipwreck terminates the employer's obligation to pay monthly allotments. Consequently, the surviving spouse cannot demand continued allotment payments during the four-year period following the loss of the vessel.

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