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AllBar 2024CIVIL LAWIII. PERSONS AND FAMILY RELATIONSE. Absentees (Civil Code, arts. 381-396)

Question

III. PERSONS AND FAMILY RELATIONS
Topic: E. Absentees (Civil Code, arts. 381-396)

Question:

Mr. Santos, a Filipino citizen, left the Philippines for work abroad two years ago and has not been heard from since. His wife, Mrs. Santos, is concerned about his welfare and wants to settle their property affairs. She seeks legal advice on the status and rights of an absentee under Philippine law.

  1. What are the conditions for a person to be considered an absentee under the Civil Code of the Philippines?
  2. Discuss the effects of absence on the property rights of an absentee and his/her spouse, particularly in relation to administration, alienation, and disposition of conjugal property.
  3. Can an absentee's spouse file for the declaration of absence of the absentee? Explain the legal procedure and consequences of such declaration.



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