ABSENTEES (RULE 107)

SECTION 1. Appointment of representative. — When a person disappears from

his domicile, his whereabouts being unknown, and without having left an agent to
administer his property, or the power conferred upon the agent has expired, any
interested party, relative or friend, may petition the Court of First Instance of the
place where the absentee resided before his disappearance, for the appointment
of a person to represent him provisionally in all that may be necessary.   In the
City of Manila, the petition shall be filed in the Juvenile and Domestic Relations
Court.
Sec. 2. Declaration of absence; who may petition. — After the lapse of two (2)
years from his disappearance and without any news about the absentee or since
the receipt of the last news, or of five (5) years in case the absentee has left a
person in charge of the administration of his property, 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.
Sec. 3. Contents of petition.—The petition for the appointment of a
representative, or for the declaration of absence and the appointment of a trustee
or an administrator, must show the following:(a) The jurisdictional facts;(b) The
names, ages, and residences of the heirs instituted in the will, copy of which shall
be presented, and of the relatives who would succeed by the law of intestacy;(c)
The names and residences of creditors and others who may have any adverse
interest over the property of the absentee;(d) The probable value, location and
character of the Property belonging to the absentee.
Sec. 4. Time of hearing; notice and publication thereof. — When a petition for the
appointment of a representative, or for the declaration of absence and the
appointment of a trustee or administrator, is filed, the court shall fix a date and
place for the hearing thereof where all concerned may appear to contest the
petition. Copies of the notice of the time and place fixed for the hearing shall be
served upon the known heirs, legatees devisees, creditors and other interested
persons, at least ten (10) days before the day of the hearing, and shall be
published once a week for three (3) consecutive weeks prior to the time
designated for the hearing, in a newspaper of general circulation in the province
or city where the absentee resides, as the court shall deem best.
Sec. 5. Opposition.—Anyone appearing to contest the petition shall state in
writing his grounds therefor, and serve a copy thereof on the petitioner and other
interested parties on or before the date designated for the hearing.
Sec. 6. Proof at hearing; order.—At the hearing, compliance with the provisions
of section 4 of this rule must first be shown.   Upon satisfactory proof of the
allegations in the petition, the court shall issue an order granting the same and
appointing the representative, trustee or administrator for the absentee.   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, trustee or administrator, regulating them by the rules concerning
guardians.In case of declaration of absence, the same shall not take effect until
six (6) months after its publication in a newspaper of general circulation
designated by the court and in the Official Gazette.
Sec. 7. Who may be appointed. — 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 or otherwise
incompetent, any competent person may be appointed by the court.In case of
declaration of absence, the trustee or administrator of the absentee's property
shall be appointed in accordance with the preceding paragraph.
Sec. 8. Termination of administration.—The trusteeship or administration of the
property of the absentee shall cease upon order of the court in any of the
following cases:(a) When the absentee appears personally or by means of an
agent;(b) When the death of the absentee is proved and his testate or intestate
heirs appear;(c) 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 trustee or administrator shall cease in the performance of his office,
and the property shall be placed at the disposal of those who may have a right
thereto.