Title XIV - ABSENCE

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. (181a)
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. (182)
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. (183a)
 COURT
APPOINTMENT
 Representative of Absentee
It is necessary that his/her appointment be made by
way of a court order.

 Spouse
Must file an application for appointment with the
courts with respect to the properties of his or her
very own absent spouse.

If there is NO Legal Separation, the spouse present

shall be PREFERRED.
Title XIV - ABSENCE
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. (184)
 ABSENCE
ABSENCE is the legal status of a person who has
absented himself from his domicile and whose
whereabouts and fate are unknown, it not being
known with certainty whether he is still living or not.
Without Administrator With Administrator
2 years from the lapse of 5 years, if the absentee
time without news about left an administrator to
the absentee or since the his property from the
receipt of the last news lapse of time without
news about absentee or
since the receipt of the
last news.
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. (185)
JUDICIAL DECLARATION OF
ABSENCE

A judicial declaration of absence is

necessary for interested persons to
be able to protect their rights,
interests and benefits in
connection with the person who
has disappeared. It is also
necessary to protect the interest of
the absentee.
 JUDICIAL DECLARATION OF
ABSENCE
 Spouse
A judicial declaration of absence can be a sufficient
cause for an involuntary judicial separation of
property between spouses, therefore:
a. A basis for the termination of the absolute
community property or the conjugal partnership
of gains.
b. A ground for the transfer of all classes of exclusive
properties of a spouse to his or her other spouse.
c. A basis that can be used for the termination of
parental authority
 JUDICIAL DECLARATION OF
ABSENCE
 Testamentary Heirs
If a person executes a will and he institutes another
person as the one who will succeed him or her in his
or her property, such person can seek for the judicial
declaration of absence of the testator.

 Intestate Heirs
As a general rule and in proper cases provided in the
said Title IV of the Civil Code, the legitimate and
illegitimate relatives of the deceased, the spouse, and
the collateral relatives are the intestate heirs.
 JUDICIAL DECLARATION OF
ABSENCE
 Interested Party
The law also provides that those who may have over
the property of the absentee some right
subordinated to the condition of the absentee’s death
may seek the judicial declaration of absence.
Art. 386. The judicial declaration of
absence shall not take effect until six
months after its publication in a newspaper
of general circulation. (186a)
 EFFECTIVITY OF JUDICIAL
DECLARATION

NOTE: the absence of the

absentee shall be counted NOT
from the effectivity of the
judicial decree but from the
date on which the last news of
the absentee was received.
Title XIV - ABSENCE
Chapter 3
Administration of the
Property of the
Absentee
Article 387. An administrator of the
absentee’s property shall be appointed in
accordance with Article 383. (187a).

Article 388. The wife who is

appointed as an administratrix of the
husband’s property cannot alienate or
encumber the husband’s property, or that of
the conjugal partnership, without judicial
authority. (188a)
 PROHIBITION ON
ALIENATION
 While Article 388 refers only to the wife, a
husband likewise is prohibited from alienating the
properties of the wife without her consent.

 Any of the spouses cannot alienate the properties

of the other spouse without the consent of the
latter.
Article 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.
Article 389. (cont.)
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. (190)
 APPEARANCE OF THE
ABSENTEE
The purpose of appointing an
administrator is to protect the
properties of the owner during his
or her absence.

If the owner appears, the very

reason for the administrator’s
appointment ceases.
 DEATH
 Upon the death of a person, the executor
mentioned in his or her will shall usually be
appointed as the administrator of his or her
estate in accordance with the said decedent’s
wishes which must be pursuant to law.

 If he or she dies without a will, intestate

proceedings will be instituted where a new
administrator of his or her estate shall be
appointed.
 SUPERIOR INTEREST

An administrator has no right to

administer property which does not
belong to the owner. Hence, if somebody
presents any valid or authentic
document showing that the property
being administered really belongs to
somebody else, the administration over
such property shall and must
necessarily cease.
Title XIV - ABSENCE
Chapter 4
Presumption of Death
Article 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 seventy-five years, an absence of five
years shall be sufficient in order that his
succession may be opened. (n)
Article 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;
Article 391. (cont.)
3. A person who has been in danger of death
under other circumstances and his
existence has not been known for four
years.
Article 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. (194)
PRESUMPTION OF DEATH
ORDINARY ABSENCE

a. After absence of 7 YEARS, person presumed dead

for all purposes except for those of opening
succession.
b.Absence of 10 YEARS, person presumed dead for
purposes of opening succession EXCEPT if he
disappeared after the age of 75, in which case, a
period of 5 years is sufficient.
c. Absence of 4 YEARS, person presumed dead for
purposes of remarriage of the spouse present
PRESUMPTION OF DEATH
EXTRAORDINARY/QUALIFIED ABSENCE

For all purposes including those of opening

succession, a period of 4 YEARS, and for purposes of
remarriage of the spouse present, a period of 2
YEARS, are sufficient under the following
circumstances:

a. Person on board a vessel lost during a sea voyage

or an airplane which is missing; period is counted
from the loss of the vessel or airplane.
PRESUMPTION OF DEATH
EXTRAORDINARY/QUALIFIED ABSENCE

b. Person in the armed forces who had taken part in

war.

c. Person in danger of death under other

circumstances and his existence has not been
known.
Title XIV - ABSENCE
Chapter 5
Effect of Absence upon the
Contingent Rights of the
Absentee
Article 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. (195)
PROOF OF EXISTENCE

If a person is known to be dead and there

is a controversy as to the validity of a
transaction or contract allegedly entered
into by him, the person claiming the
validity of the transaction, contract or
obligation must prove that, at the time it
was entered into, the person who entered
the contract or incurred the obligation
was alive.
Article 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 a
representative. They shall all, as the case may
be, make an inventory of the property. (196a)
 ACCRETION
The disposition of the
inheritance of an absentee
shall benefit either his or
her co-heirs or his or her
own heirs, assigns or
representatives.
Article 395. The provisions of the
preceding article are understood to be without
prejudice to the action or petition for
inheritance or other rights which are vested in
the absentee, his representatives or successors
in interest. This right shall not be extinguished
save by lapse of time fi xed 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. (197)
 CLAIM
 In the event that the property supposed to be
inherited by the absentee accrues to the co-heirs, the
title or record of the said property in the proper
registry of property shall have an annotation stating
that, within the prescriptive period provided by law,
the property can be subject to the claim of any person
having an interest in the said property especially the
absentee, or his or her representative or successors.

 If the said absentee reappears, he or she has the right

to file a petition to be able to get his or her rightful
inheritance from the said co-heirs.
Article 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 do not bring the
proper actions. (198)
 APPROPRIATION OF
FRUITS
 Anyone who obtains the inheritance of the
absentee in accordance with law can make use or
appropriate the fruits of the inheritance as long as
they are in good faith.

 However, if the absentee appears or his or her

representatives or successors already filed a claim
in court, those who may have entered upon the
inheritance cannot anymore make such
appropriation.
 Title XVI
CIVIL REGISTRY
Article 407. Acts, events and judicial
decrees concerning the civil status of persons
shall be recorded in the civil register. (325a)
 DUTIES OF THE LOCAL CIVIL
REGISTRAR

The Local Civil Registrar in each city or municipality

shall:
a) File registerable certificates and documents
presented to them for entry;
b) Compile the same monthly and prepare and send any
information required of them by the Civil Registrar
General;
c) Issue certified transcripts or copies of any certificate
or document registered, upon payment of the proper
fees;
d) Order the binding, properly classified, of all
certificates or documents registered during the year;
DUTIES OF THE LOCAL CIVIL REGISTRAR

The Local Civil Registrar in each city or municipality

shall:
e) Send to the Civil Registrar-General during the first
ten days of each month, a copy of the entries
made during the preceding month, for filing;
f) Index the same to facilitate search and
identification in case any information is required;
and
g) Administer oaths, free of charge, for civil register
purposes (Section 12 of the Civil Registry Law, Act
No. 3753).
Article 408. The following shall be
entered in the civil register:
1) Births;
2) marriages;
3) deaths;
4) legal separations;
5) annulment of marriages;
6) judgments declaring marriages void from
the beginning;
7) legitimations;
8) adoptions;
Article 408. (cont.)
9) acknowledgments of natural children;
10) naturalization;
11) loss;
12) recovery of citizenship;
13) civil interdiction;
14) judicial determination of filiation;
15) voluntary emancipation of a minor; and
16) changes of name. (326a)
Article 409. In cases of legal
separation, adoption, naturalization and other
judicial orders mentioned in the preceding
article, it shall be the duty of the clerk of court
which issued the decree to ascertain whether
the same has been registered, and if this has
not been done, to send a copy of said decree to
the civil registry of the city or municipality
where the court is functioning.
 PUBLIC
DOCUMENTS
 The books making up the civil register and all
documents relating thereto shall be considered
public document.
 They shall be open to the public during office
hours .
 Unlike the filing of documents in the Registry of
Deeds where the law expressly provides that such
filing is constructive notice to all of the documents
filed therein, the Civil Register Law does not
provide for constructive notice to all persons of
any document filed in the Office of the Local Civil
Registrar or Office of the Civil Registrar General.
 PUBLIC
DOCUMENTS
Birth records, including a birth certificate, are strictly
CONFIDENTIAL and the contents therein cannot be
revealed except when obtained by those interested
therein, namely:
1. The person himself, or any person authorized by
him or her;

2. his or her spouse, his or her parent or parents, his

or her direct descendants, or the guardian or
institution legally in charge of him or her if he or
she is a minor;
 PUBLIC
DOCUMENTS
(Cont.)
3. the court or proper public official whenever
absolutely necessary in administrative, judicial or
other official proceedings to determine the
identity of the child’s parents or other
circumstances surrounding his birth; and

4. in case of the person’s death, the nearest of kin.

Article 410. The books making up
the civil register and all documents relating
thereto shall be considered public documents
and shall be prima facie evidence of the facts
therein contained.
 PRIMA FACIE
EVIDENCE
By prima facie evidence is
meant such proofs which, if
remaining unrebutted or
uncontradicted, is sufficient to
maintain the fact such evidence
seeks to substantiate. It creates
a presumption of fact.
Article 411. Every civil registrar shall
be civilly responsible for any unauthorized
alteration made in any civil register, to any
person suffering damage thereby. However, the
civil registrar may exempt himself from such
liability if he proves that he has taken every
reasonable precaution to prevent the unlawful
alteration.
Article 412. No entry in a civil
register shall be changed or corrected, without
judicial order.
RA NUMBERED 9048
Article 412 has been amended by Republic
Act 9048. The complete text of the said act
is set out in the discussion under Article
376. Nevertheless, Republic Act Number
9048, among others, also deals with
corrections in the civil registry which
involve merely typographical or clerical
errors just like the concept in Article 412.
ADMINISTRATIVE OR JUDICIAL
PROCEEDING

 Except for clerical or typographical errors or

change in the name or nickname of a person, a
change in the entries in the civil register must
always pass through a judicial proceeding.

 Typographical and/or clerical errors can be

corrected administratively through the office of
the local civil registrar by filing the necessary
verified petition by any person having direct and
personal interest in the correction.
ADMINISTRATIVE OR JUDICIAL
PROCEEDING

 The proceeding must be judicial and should be

adversarial if the changes involve substantial or
controversial matters such as those which involve
a person’s civil status, nationality or citizenship,
and filiation of the offsprings of parents.

 With respect to a change which will, in effect, alter

the status of a person, for example from legitimate
to illegitimate filiation, the general rule, as
previously stated, is that such change cannot be
effectuated under Article 412 of the Civil Code.
Article 413. All other matters
pertaining to the registration of civil status
shall be governed by special laws.
 CIVIL REGISTRY
LAW
Act Numbered 3753, otherwise known
as the Civil Registry Law, provides for
the registration of documents
evidencing the acquisition or
termination of a particular civil status
such as legitimation, adoption, change
of name, marriage, termination of
such marriage and others.
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