RULE 131 (v) That a letter duly directed and mailed was received
Burden of Proof and Presumptions in the regular course of the mail;
Section 3. Disputable presumptions. — The following (w) That after an absence of seven years, it being
presumptions are satisfactory if uncontradicted, but unknown whether or not the absentee still lives, he is
may be contradicted and overcome by other evidence: considered dead for all purposes, except for those of
(a) That a person is innocent of crime or wrong; succession.
(b) That an unlawful act was done with an unlawful The absentee shall not be considered dead for the
intent; purpose of opening his succession till after an absence
(c) That a person intends the ordinary consequences of of ten years. If he disappeared after the age of seventy-
his voluntary act; five years, an absence of five years shall be sufficient in
(d) That a person takes ordinary care of his concerns; order that his succession may be opened.
(e) That evidence willfully suppressed would be adverse The following shall be considered dead for all purposes
if produced; including the division of the estate among the heirs:
(f) That money paid by one to another was due to the (1) A person on board a vessel lost during a sea voyage,
latter; or an aircraft with is missing, who has not been heard of
(g) That a thing delivered by one to another belonged to for four years since the loss of the vessel or aircraft;
the latter; (2) A member of the armed forces who has taken part in
(h) That an obligation delivered up to the debtor has armed hostilities, and has been missing for four years;
been paid; (3) A person who has been in danger of death under
(i) That prior rents or installments had been paid when other circumstances and whose existence has not been
a receipt for the later one is produced; known for four years;
(j) That a person found in possession of a thing taken in (4) If a married person has been absent for four
the doing of a recent wrongful act is the taker and the consecutive years, the spouse present may contract a
doer of the whole act; otherwise, that things which a subsequent marriage if he or she has well-founded
person possess, or exercises acts of ownership over, are belief that the absent spouse is already death. In case of
owned by him; disappearance, where there is a danger of death the
(k) That a person in possession of an order on himself circumstances hereinabove provided, an absence of
for the payment of the money, or the delivery of only two years shall be sufficient for the purpose of
anything, has paid the money or delivered the thing contracting a subsequent marriage. However, in any
accordingly; case, before marrying again, the spouse present must
(l) That a person acting in a public office was regularly institute a summary proceedings as provided in the
appointed or elected to it; Family Code and in the rules for declaration of
(m) That official duty has been regularly performed; presumptive death of the absentee, without prejudice
(n) That a court, or judge acting as such, whether in the to the effect of reappearance of the absent spouse.
Philippines or elsewhere, was acting in the lawful (x) That acquiescence resulted from a belief that the
exercise of jurisdiction; thing acquiesced in was conformable to the law or fact;
(o) That all the matters within an issue raised in a case (y) That things have happened according to the ordinary
were laid before the court and passed upon by it; and in course of nature and ordinary nature habits of life;
like manner that all matters within an issue raised in a (z) That persons acting as copartners have entered into
dispute submitted for arbitration were laid before the a contract of copartneship;
arbitrators and passed upon by them; (aa) That a man and woman deporting themselves as
(p) That private transactions have been fair and regular; husband and wife have entered into a lawful contract of
(q) That the ordinary course of business has been marriage;
followed; (bb) That property acquired by a man and a woman
(r) That there was a sufficient consideration for a who are capacitated to marry each other and who live
contract; exclusively with each other as husband and wife
(s) That a negotiable instrument was given or indorsed without the benefit of marriage or under void marriage,
for a sufficient consideration; has been obtained by their joint efforts, work or
(t) That an endorsement of negotiable instrument was industry.
made before the instrument was overdue and at the (cc) That in cases of cohabitation by a man and a
place where the instrument is dated; woman who are not capacitated to marry each other
(u) That a writing is truly dated; and who have acquire properly through their actual
joint contribution of money, property or industry, such
contributions and their corresponding shares including 5. If one be under fifteen or over sixty, and the other
joint deposits of money and evidences of credit are between those ages, the latter is deemed to have
equal. survived.
(dd) That if the marriage is terminated and the mother (kk) That if there is a doubt, as between two or more
contracted another marriage within three hundred days persons who are called to succeed each other, as to
after such termination of the former marriage, these which of them died first, whoever alleges the death of
rules shall govern in the absence of proof to the one prior to the other, shall prove the same; in the
contrary: absence of proof, they shall be considered to have died
(1) A child born before one hundred eighty days after at the same time. (5a)
the solemnization of the subsequent marriage is
considered to have been conceived during such
marriage, even though it be born within the three
hundred days after the termination of the former
marriage.
(2) A child born after one hundred eighty days following
the celebration of the subsequent marriage is
considered to have been conceived during such
marriage, even though it be born within the three
hundred days after the termination of the former
marriage.
(ee) That a thing once proved to exist continues as long
as is usual with things of the nature;
(ff) That the law has been obeyed;
(gg) That a printed or published book, purporting to be
printed or published by public authority, was so printed
or published;
(hh) That a printed or published book, purporting
contain reports of cases adjudged in tribunals of the
country where the book is published, contains correct
reports of such cases;
(ii) That a trustee or other person whose duty it was to
convey real property to a particular person has actually
conveyed it to him when such presumption is necessary
to perfect the title of such person or his successor in
interest;
(jj) That except for purposes of succession, when two
persons perish in the same calamity, such as wreck,
battle, or conflagration, and it is not shown who died
first, and there are no particular circumstances from
which it can be inferred, the survivorship is determined
from the probabilities resulting from the strength and
the age of the sexes, according to the following rules:
1. If both were under the age of fifteen years, the older
is deemed to have survived;
2. If both were above the age sixty, the younger is
deemed to have survived;
3. If one is under fifteen and the other above sixty, the
former is deemed to have survived;
4. If both be over fifteen and under sixty, and the sex be
different, the male is deemed to have survived, if the
sex be the same, the older;
