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

Question:

John, a prominent businessman, mysteriously disappeared one year ago. His family has been searching for him relentlessly, hoping for his safe return. In the absence of any formal declaration of absence, the family is now faced with various legal implications.

Given the provisions of the Civil Code (arts. 381-396) on absentees, discuss the following scenarios:

What are the requirements and procedures in obtaining a declaration of absence?
What are the effects of a declaration of absence?
If John's wife, Mary, wants to remarry, what are the legal steps she needs to take?
Can Mary make decisions regarding the marital property in John's absence? Explain.
If John reappears after seven years, what are his rights and obligations?

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