Absence of a person from domicile

Under Article 381 of the Civil Code, when a person disappears from his domicile, his whereabouts being unknown, he is considered as absent. The court can appoint an administrator at the instance of an interested person, a relative or a friend. His continued absence can even result in the presumption of his death (Art. 390, NCC); hence, his successional rights may be opened. It must be recalled that the presumption of death is not conclusive, for he may be alive and can still dispose of his properties. In fact, under Article 389 of the Civil Code, if someone can prove that he acquired title over his properties under administration, the administration would cease. (Albano, pg. 183)