Spec Pro Class 2020

FACTS:

          On October 25, 1969 Erlinda Reynoso filed a petition for the declaration of absence of her husband Roberto L. Reyes. She alleged that her husband had been absent from their conjugal dwelling since April 1962 and since then had not been heard from and his whereabouts unknown. The petition further alleged that her husband left no will nor any property in his name nor any debts. She also said that they have not acquired any properties during their marriage and that they have no outstanding obligation in favor of anyone and her only purpose in filing the petition is to establish the absence of her husband, invoking the provisions of Rule 107 of the New Rules of Court and Article 384 of the Civil Code.

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          The court dismissed the said petition.

         

 

ISSUE:

            Whether or not there is a need for the declaration of absence of Roberto Reyes

 

HELD:

          No.  The purpose of the declaration is to provide an administrator of the property.

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         In Rule 107 of the Rules of Court is based on the provisions of Title XIV of the New Civil Code on absence. The provision is concerned with the interest or property of the absentee. The purpose of the declaration is to provide an administrator of the property. The reason and purpose of the provisions of the New Civil Code on absence (Arts. 381 to 396) are: 1. The interest of the person himself who has disappeared; 2. The rights of third parties against the absentee, especially those who have rights which would depend upon the death of the absentee; and 3. The general interest of society which may require that property does not remain abandoned without someone representing it and without an owner. 

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          When to declare for absence:1. when he has properties which have to be taken cared of or administered by a representative appointed by the Court (Article 384, Civil Code); 2. the spouse of the absentee is asking for separation of property (Article 191, Civil Code) or 3. his wife is asking the Court that the administration of all classes of property in the marriage be transferred to her (Article. 196, Civil Code).

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          For civil marriage law-Necessary to judicially declare spouse an absentee only when (1) there are properties which have to be taken cared of or administered by a representative appointed by the Court (2) the spouse of the absentee is asking for separation of property (3) wife is asking the Court that the administration of property in the marriage be transferred to her. 

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          Otherwise law only requires that the former spouse has been absent for seven consecutive years at the time of the second marriage, that the spouse present does not know his or her former spouse to be living, that such former spouse is generally reputed to be dead and the spouse present so believes at the time of the celebration of the marriage.

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          In this case, since there were no properties to speak of, it was right for the court to dismiss the case.