Question

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

Question:

Abel, a Filipino citizen, has been missing for five years. His wife, Celia, has diligently sought to determine his whereabouts but all efforts have been in vain. She has no knowledge of whether Abel is still alive or not. Celia wants to move on with her life and remarry, but she is unsure of her legal status due to Abel's absence.

Based on Philippine laws on absentees, answer the following:

1. What is the legal status of Abel? Is he considered absent or presumed dead?
2. What are the legal consequences of Abel's absence on his marriage with Celia?
3. If Celia wishes to remarry, what are the requirements she must comply with?
4. What are the effects of Celia's remarriage if Abel were to suddenly reappear?