Short answer. Three other groups may petition: heirs instituted in a will who can present an authentic copy of it, relatives who would succeed by intestacy, and anyone holding a right over the absentee's property that is conditioned on the absentee's death.
What the law says
the declaration of his absence and appointment of a trustee or administrator may be applied for by any of the following: (a) The spouse present; (b) The heirs instituted in a will, who may present an authentic copy of the same; (c) The relatives who would succeed by the law of intestacy; and (d) Those who have over the property of the absentee some right subordinated to the condition of his death.
Rule 107, Section 2 — Declaration of absence; who may petition. Read the full provision →
The full list goes beyond the spouse
Section 2 names four categories of people who may petition, and the spouse present is only the first. The other three are: heirs instituted in a will, who can back their standing by presenting an authentic copy of that will; relatives who would succeed by the law of intestacy — meaning those who would inherit if the absentee died without a will; and anyone holding a right over the absentee's property that is subordinated to the condition of the absentee's death.
Instituted heirs need to show the will
For heirs named in a will to petition, the rule requires them to be able to present an authentic copy of that will. This ties their standing directly to documentary proof — they are not petitioning merely because they expect or hope to inherit, but because a will actually names them, and they can produce it. Without that authentic copy, this particular basis for petitioning is not established.
Intestate heirs and conditional property rights
Relatives who would succeed under the rules of intestacy — the default succession rules that apply when there is no will, or as to property a will does not cover — have standing in their own right, separate from any instituted heir. The fourth category is narrower and more specific: someone who holds a right over the absentee's property that only becomes operative if the absentee dies — a right subordinated to the condition of his death — also qualifies to petition.
Why the waiting period still applies to everyone
Whoever petitions, the same waiting period governs when the petition may be filed: two years from the disappearance without any news, or from the last news received, or five years if the absentee left someone in charge of administering their property. Being an heir, an intestate relative, or a holder of a death-conditioned right over the property does not shorten this period — it only establishes who, once the period has run, is entitled to bring the petition.