RULE 107

ABSENTEES
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 dis-appearance, 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.
Section 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 administrative 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.
Section 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.
Section 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.
Section 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.
Section 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.
Section 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.
Section 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 whose may have a right
thereto.