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

Question

Question:

In accordance with the provisions on Absentees under the Civil Code of the Philippines (Arts. 381-396), consider the following scenario:

Emily, a Filipino citizen, has been missing for more than five years. No one knows her whereabouts or whether she is still alive. Her parents are concerned about her status and wish to declare her as an absentee. They seek legal guidance on the matter.

Based on the given scenario and the relevant provisions of the Civil Code, answer the following questions:

  1. What are the requirements for declaring a person as an absentee in the Philippines?
  2. Who may file a petition for the declaration of absence?
  3. What is the effect of a declaration of absence?
  4. Can the declaration of absence be revoked or set aside? If so, under what circumstances?



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