Article 394, and 395, NCC
Article 394. Without prejudice to the provision of the preceding article, upon the opening of a succession to which an absentee is called, his share shall accrue to his coheirs, unless he has heirs, assigns, or a representative. They shall all, as the case may be, make an inventory of the property. (196a)
Article 395. The provisions of the preceding article are understood to be without prejudice to the action of petition for inheritance or other rights which are vested in the absentee, his representatives or successors in interest. These rights shall not be extinguished save by lapse of time fixed for prescription. In the record that is made in the Registry of the real estate which accrues to the co-heirs, the circustance of its being subject to the provisions of this article shall be stated.
These Articles are related to the rules on succession. As a rule, if an absentee is called upon to inherit, his share shall accrue to his co-heirs.
An example in Article 394 is:
If a man, Y, died, and his heirs X and S, X, however, have been declared an absentee or, for that matter, he may have already been presumed dead under the law. Who will get the share of X in the estate of Y?
Answer: The share of X will accrue to S, unless the heirs of X, or the assigns or representatives of X, will claim such property. If they do this, whoever gets the property that should have gone to X must make an inventory of such property.
On the other hand an example in Article 395 is:
In hid will, a testator gave a parcel of land to X, Y, and Z. When the testator died, X was absent, but X himself has a child R. Rin the meantime got X's share. In default of R, the other heirs or devisees, Y and Z, can have the land registered in their name. If X turns out to be alive, his share can still be recovered from Y and Z, unless X losses the right by prescription.
Article 395. The provisions of the preceding article are understood to be without prejudice to the action of petition for inheritance or other rights which are vested in the absentee, his representatives or successors in interest. These rights shall not be extinguished save by lapse of time fixed for prescription. In the record that is made in the Registry of the real estate which accrues to the co-heirs, the circustance of its being subject to the provisions of this article shall be stated.
These Articles are related to the rules on succession. As a rule, if an absentee is called upon to inherit, his share shall accrue to his co-heirs.
An example in Article 394 is:
If a man, Y, died, and his heirs X and S, X, however, have been declared an absentee or, for that matter, he may have already been presumed dead under the law. Who will get the share of X in the estate of Y?
Answer: The share of X will accrue to S, unless the heirs of X, or the assigns or representatives of X, will claim such property. If they do this, whoever gets the property that should have gone to X must make an inventory of such property.
On the other hand an example in Article 395 is:
In hid will, a testator gave a parcel of land to X, Y, and Z. When the testator died, X was absent, but X himself has a child R. Rin the meantime got X's share. In default of R, the other heirs or devisees, Y and Z, can have the land registered in their name. If X turns out to be alive, his share can still be recovered from Y and Z, unless X losses the right by prescription.
References:
Family Code of the Philippines 2017th Edition by Judge Ed Vincent S. Albano
Civil Code of the Philippines Annotated 16thEdition by Edgardo Paras
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