Question

III. PERSONS AND FAMILY RELATIONS

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

Scenario:

1. Carlos, a successful businessman, suddenly disappears and has been missing for more than two years. His wife, Anita, is left with the responsibility of managing their assets and taking care of their children. Anita seeks legal advice on the status of Carlos as an absentee and its implications on their marital property regime and her authority as the spouse left behind.
2. Emma, a young professional, travels to another country for work opportunities. Unfortunately, she loses contact with her family and friends back home and is unable to return. After several years, her parents, Miguel and Sophia, decide to declare Emma as an absentee in order to manage her affairs and protect her interests. They inquire about the legal process and effects of declaring Emma as an absentee.
3. Juan, a seafarer, departs on a long voyage onboard a cargo ship. Tragically, the ship encounters a major accident and all onboard are presumed dead. Juan's sister, Maria, seeks judicial declaration of her brother and the other crew members as absentees. She wants to know the legal consequences of such declaration and how it will affect the distribution of the deceased crew members' estates.