Question

III. PERSONS AND FAMILY RELATIONS

Topic: E. Absentees (Civil Code, arts. 381-396)

1. Randy, a Filipino citizen, mysteriously disappeared without a trace for more than 10 years, leaving no indication of his whereabouts or whether he is deceased. His wife, Maria, seeks to have him declared an absentee so she can manage their conjugal properties, settle his obligations, and provide for the needs of their children. However, Randy's mother, Aurora, opposes the declaration of absenteeism, claiming that her son is still alive and may return at any time. Discuss the legal requirements and process for declaring a person as an absentee under the Civil Code. Determine whether Maria has sufficient grounds to have Randy declared an absentee, and what implications this declaration will have on their conjugal properties, obligations, and the rights and welfare of their children.

2. Juan and Pedro are siblings who reside in Manila. Pedro went missing under suspicious circumstances and has been gone for more than five years. Juan wants to file a petition to have Pedro declared as an absentee so that he can administer Pedro's estate and protect their family's interests. However, their other sibling, Maria, believes that Pedro is still alive and opposes the declaration of absenteeism. Analyze the legal requirements and procedure for declaring a person as an absentee under the Civil Code. Determine whether Juan has valid grounds to have Pedro declared an absentee, and the implications of this declaration on the administration of Pedro's estate and the rights of the siblings.