Question

Emilio, a businessman, has been missing for several years without any known whereabouts. His family, concerned for his welfare, wants to initiate legal proceedings for his declaration as an absentee. Under Article 381 of the Civil Code, an absentee may be declared presumptively dead after an absence of seven years. However, certain conditions must be met for the declaration to take place.

Based on the given scenario, answer the following questions:

1. What are the requisites for the declaration of an absentee as presumptively dead under the Civil Code? Explain briefly.
2. What is the effect of the declaration of presumptive death? How does it impact the rights and interests of the absentee, the family, and third parties?
3. Are there any exceptions or limitations to the declaration of presumptive death? Discuss at least two situations where the declaration may not be granted.