1. Title XIV. - ABSCENCE
Article 381 to 396 of the Civil Code of the Philippines
2. Chapter 1
PROVISIONAL MEASURES IN CASE OF ABSENCE
Art. 381. When a person disappears from his domicile, his
whereabouts being unknown, and without leaving an agent to
administer his property, the judge, at the instance of an
interested party, a relative, or a friend, may appoint a person to
represent him in all that may be necessary.
This same rule shall be observed when under similar
circumstances the power conferred by the absentee has expired.
3. Art. 382. The appointment referred to in the preceding article
having been made, the judge shall take the necessary measures
to safeguard the rights and interests of the absentee and shall
specify the powers, obligations and remuneration of his
representative, regulating them, according to the circumstances,
by the rules concerning guardians.
Art. 383. In the appointment of a representative, the spouse
present shall be preferred when there is no legal separation.
If the absentee left no spouse, or if the spouse present is a minor,
any competent person may be appointed by the court.
4. Chapter 2
DECLARATION OF ABSENCE
Art. 384. Two years having elapsed without any news about the absentee
or since the receipt of the last news, and five years in case the absentee
has left a person in charge of the administration of his property, his
absence may be declared.
Art. 385. The following may ask for the declaration of absence:
(1) The spouse present;
(2) The heirs instituted in a will, who may present an authentic copy of
the same;
(3) The relatives who may succeed by the law of intestacy;
(4) Those who may have over the property of the absentee some right
subordinated to the condition of his death.
5. Art. 386. The judicial declaration of absence shall not take effect
until six months after its publication in a newspaper of general
circulation.
Chapter 3
ADMINISTRATION OF THE PROPERTY OF THE ABSENTEE
Art. 387. An administrator of the absentee’s property shall be
appointed in accordance with Article 383.
Art. 388. The wife who is appointed as an administratix of the
husband’s property cannot alienate or encumber the husband’s
property, or that of the conjugal partnership, without judicial
authority.
6. Art. 389. The administration shall cease in any of the following
cases:
(1) When the absentee appears personally or by means of an agent;
(2) When the death of the absentee is proved and his testate or
intestate heirs appear;
(3) When a third person appears, showing by a proper document
that he has acquired the absentee’s property by purchase or other
title.
In these cases, the administrator shall cease in the performance of
his office, and the property shall be at the disposal of those who
may have a right thereto.
7. Chapter 4
PRESUMPTION OF DEATH
Art. 390. After an absence of seven years, it being unknown whether
or not the absentee still lives, he shall be presumed dead for all
purposes, except for those of succession.
The absentee shall not be presumed dead for the purpose of
opening his succession till after an absence of ten years. If he
disappeared after the age of twenty-five years, an absence of five
years shall be sufficient in order that his succession may be opened.
8. Art. 391. The following shall be presumed dead for all purposes,
including the division of the estate among the heirs:
(1) A person on board a vessel lost during a sea voyage, or an
aeroplane which is missing, who has not been heard of for four
years since the loss of the vessel or aeroplane;
(2) A person in the armed forces who has taken part in war, and has
been missing for four years;
(3) A person who has been in danger of death under other
circumstances and his existence has not been known for four years.
9. Art. 392. If the absentee appears, or without appearing his existence
is proved, he shall recover his property in the condition in which it
may be found, and the price of any property that may have been
alienated or the property acquired therewith; but he cannot claim
either fruits or rents.
Chapter 5
EFFECT OF ABSENCE UPON THE CONTINGENT RIGHTS OF THE
ABSENTEE
Art. 393. Whoever claims a right pertaining to a person whose
existence is not recognized must prove that he was living at the time
his existence was necessary in order to acquire said right.
10. Art. 394. Without prejudice to the provisions of the preceding
article, upon the opening of a succession to which an absentee is
called, his share shall accrue to his co-heirs, unless he has heirs,
assigns, or representative. They shall all, as the case may be, make
an inventory of the property.
Art. 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
circumstance of its being subject to the provisions of this article
shall be stated.
11. Art. 396. Those who may have entered upon the inheritance shall
appropriate the fruits received in good faith so long as the absentee
does not appear, or while his representatives or successors in
interest do not bring the proper actions.