This document summarizes the process for declaring someone an absentee under Philippine law and appointing a representative to manage their affairs. It discusses where to file a petition, who can file, required contents of the petition, notice and hearing procedures, grounds for opposition, and circumstances for terminating administration. The key points are that a petition can be filed if a person disappears and leaves no agent to manage their property, the petition must establish jurisdictional facts and details about the absentee's heirs and property, and notice must be provided to interested parties. It also notes that a declaration of absence is unnecessary if the absentee left no property.

2. SECTION 1. Appointment of Representative
Absentee- A person disappears from his domicile, his
whereabouts unknown, and without having left an agent
to administer his property, or the power conferred upon
the agent has expired.
Where to file?
 RTC of the place where the absentee resided before
his disappearance
 Juvenile and domestic relations Court- for the city of
Manila
What to file?
 Petition for Declaration of absence and Appointment of
a Trustee/administrator
 Petition for Appointment of Representative

3. SECTION 2. Declaration of absence; Who
may petition
a. Spouse
b. Heirs instituted in a will
c. Relatives who would succeed by the law
of intestacy
d. Those who have right over property of
absentee.

4. Section 3. Contents of petition
1. Petition for appointment of represenstative
2. Petition for declaration of absence and
appointment of trustee or administrator
Contents are as follows:
a. Jurisdictional facts
b. names, age, residence, of heir instituted
c. Name, residences of creditors having
adverse interest over the property of
absentee
d. Probable value, location and character of
property.

5. Section 4. Time of hearing; notice and publication
thereof
When petition is filed:
 Date of hearing shall be fixed
 Notice shall be served to known heirs, legatees,
devisees, creditors, and other interested persons
When notice be served?
 At least 10 days before the day of hearing.
 Published once a week for 3 consecutive weeks
prior to hearing

6. Section 5. Opposition
State in writing, his grounds and serve copy to
petitioner and interested parties
Section 6: Proof of hearing; order
Satisfactory proof of allegation shall effect the
order granting the petition
Declaration when shall take effect?
 6 months after publication

7. Section 7. who may be appointed
For appointment of representative:
Spouse-if spouse incompetent minor,/ no spouse
then; Court may appoint Other competent person
How appointment made? Refer to Section 6 of this
rule

8. Section 8. termination of administration
When?
1. Absentee appears personally by agent
2. Death of absentee is proved and testate or
intestate heirs apper.
3. When third person appears

9. Notes:
1. Declaration of Absence is unnecessary
where there are no properties.
2. For purposes of subsequent marriage
declaration of absentee is not necessary
where there is danger of death - 2 yrs
absent sufficient (art 391 civil code, Jones
vs. Hortiguela)

10. Reyes vs Alejandro GR. L-32026 Jan 16, 1986
By: Vinzin Savando
Facts: Erlinda Reynoso filed a petition for declaration of
absence of Roberto Reyes her husband. In April 1962 her
husband left due to some misunderstanding over personal
matters. Since then petitioner did hear any news about
her husband. Spouses did not acquired properties during
their marriage and have no outstanding obligation over
anyone.
The court dismissed the petition on the ground that
Roberto Reyes left no properties hence there was no
necessity to declare him judicially an absentee.
Issue: W/N petition for declaration of absentee under rule
107 shall apply to absentee having no property.

11. Rule: No. The primordial purpose of this declaration is to provide for an
administrator of the property of an absentee. The reason for the different
periods is because in one (2 years) the absentee has not left a person in
charge of the administration of property. In the other case (5 years) the
absentee has provided for his absence an appointed administrator for his
property. Considering that neither the petition alleges, nor the evidence
shows, that Roberto L. Reyes has any rights, interest or property in the
Philippines, there is no point in judicially declaring him an absentee.
The need to have a person judicially declared an absentee is when he has
properties which have to be taken cared of or administered by a
representative appointed by the Court (Article 384, Civil Code); the
spouse of the absentee is asking for separation of property (Article 191,
Civil Code) or his wife is asking the Court that the administration of an
classes of property in the marriage be transferred to her (Article 196,
Civil Code). The petition to declare the husband an absentee and the
petition to place the management of the conjugal properties in the hands
of the wife may be combined and adjudicated in the same proceedings,
Peyer vs. Martinez, 88 Phil. 72, 80).