Question

Question:

Mr. Santos, a Filipino citizen, has been missing for more than seven years without any news or information about his whereabouts. His wife, Mrs. Santos, is greatly concerned about his absence and wants to take necessary actions to protect their rights and interests.

Based on the provisions of the Civil Code regarding absentees, please answer the following questions:

1. What are the requirements for the presumption of absence? Explain.
2. What legal effects arise from the declaration of absence? Discuss.
3. Can Mrs. Santos file a petition for declaration of absence? If so, under what circumstances and before which court?
4. Assuming that Mr. Santos returns after being absent for ten years, what are the consequences of his return? Explain.