Special Proceedings

Special Proceedings MIS Office Normal JOJO 2 10 2002-01-15T02:53:00Z 2002-01-15T02:53:00Z 1 190 1086 Supreme Court of the Philippines 9 2 1333 9.2720 110

9. ABSENTEES

1. Basic Concepts

1. Provisional representative

When a person disappears without leaving an agent behind, an interested party, relative or friend, may file a petition before the RTC (CFI) of the last place of residence of the person who disappeared to appoint provisionally a representative for him. 230

2. Trustee or Administrator

After two (2) years without any news or after five (5) years if an agent was left to administer his property, a petition for declaration of absence and appointment of a trustee or administrator may be filed. 231

3. Notice and publication is required. 232

4. Preferences

The court may appoint as trustee or administrator or provisional representative (1) the spouse of the missing person if they are not legally separated or if the spouse is not a minor or otherwise incompetent; or, in default of the spouse, (2) any competent person. 233

5. Termination

The appointment shall be terminated (1) if the absentee appears personally or by agent; (2) when death is proved and the heirs appear; or (3) when a third person acquires the property of the absentee.

6. A wife filed a petition to declare her missing husband absent and presumed dead. But he left no property. HELD: There is no need for the petition. 234 A declaration of presumption of death can never be final. 235

230 Rules of Court, Rule 107, Sec. 1.

231 Ibid, Sec. 2.

232 Ibid, Sec. 4.

233 Rules of Court, Rule 106, Sec. 7.

234 Reyes v. Alejandro, No. L-32026, January 16, 1986, 141 SCRA 65.

235 Jones v. Hortiguela, 64 Phil. 179 [1937].