Published — January 3, 2021
The following post does not create a lawyer-client relationship between Alburo Alburo and Associates Law Offices (or any of its lawyers) and the reader. It is still best for you to engage the services of your own lawyer to address your legal concerns, if any.
Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.
Read also: WHAT IS THE EFFECT ON THE CONTRACT WHEN THE THING SOLD HAS BEEN LOST?
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There is temporary or provisional absence as soon as a person disappears from his domicile and his whereabouts are unknown, leaving no administrator of his property.
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The absence of a person may be declared if two years have elapsed without any news from the absentee.
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The judicial declaration of absence cannot take effect immediately.
There is temporary or provisional absence as soon as a person disappears from his domicile and his whereabouts are unknown, leaving no administrator of his property.
In Ong v. Republic (G.R. No. L-20997 April 27, 1967) the Supreme Court took the concept of domicile to mean an individual’s “permanent home, a place to which, whenever absent for business or for pleasure, one intends to return, and depends on facts and circumstances in the sense that they disclose intent.”
When can one be declared an absentee?
Civil Code provides that:
ARTICLE 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.
ARTICLE 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.
ARTICLE 386. The judicial declaration of absence shall not take effect until six months after its publication in a newspaper of general circulation.
Thus, the absence of a person may be declared under the following circumstances:
- two years have elapsed without any news from the absentee;
- two years have elapsed since the receipt of the last news about the absentee;
- five years have elapsed in case the absentee left a person in charge of the administration of his property.
If a person is abroad and has communication with his family, his absence cannot be declared.
The judicial declaration of absence cannot take effect immediately. It has to be published in a newspaper of general circulation. Six months after the publication of the decision declaring a person absent, the decision shall then be effective.
Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/0917-5772207.
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