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

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

1. Carla has been missing for more than five years and her family has declared her as an absentee. During her absence, her sister, Maria, has been managing Carla's properties and finances. Recently, Carla resurfaced and claimed that Maria mismanaged her assets. Discuss the legal consequences of Carla's reappearance, particularly with regards to the administration of her properties and Maria's liability.

2. Juan has been missing for more than seven years and was presumed to be dead by his family. His wife, Sofia, then remarried and had children with her new husband. After 10 years, Juan returned and discovered Sofia's remarriage. What are the legal implications of Juan's reappearance on his previous marriage to Sofia and the legitimacy of their children?

3. Alex, an overseas Filipino worker, has been missing for more than three years and has been declared an absentee by his family. His wife, Emma, wants to remarry because she believes that Alex is already dead. However, Emma has not obtained a judicial declaration of absence. Can Emma contract a second marriage? Discuss the legal requirements for contracting a subsequent marriage in the absence of a judicial declaration of absence.




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Bar Review Question: III. PERSONS AND FAMILY RELATIONS: E. Absentees (Civil Code, arts. 381-396) 1. Carla has been miss