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    Rule 107

    Uploaded by

    Ron Gawat
    This document outlines the process for appointing a representative for an absentee person under Rule 107. It discusses who can petition for appointment of a representative after 2 years of absence [Section 2], the required contents of the petition [Section 3], setting a hearing date and notifying interested parties [Section 4], the opportunity for opposition [Section 5], required proofs and order appointing a representative at the hearing [Section 6], preferences in who can be appointed [Section 7], and situations where administration of the absentee's property would cease [Section 8].

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    © All Rights Reserved
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    Rule 107

    Uploaded by

    Ron Gawat
    20 views9 pages
    This document outlines the process for appointing a representative for an absentee person under Rule 107. It discusses who can petition for appointment of a representative after 2 years of absence [Section 2], the required contents of the petition [Section 3], setting a hearing date and notifying interested parties [Section 4], the opportunity for opposition [Section 5], required proofs and order appointing a representative at the hearing [Section 6], preferences in who can be appointed [Section 7], and situations where administration of the absentee's property would cease [Section 8].

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    RULE 107

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    This document outlines the process for appointing a representative for an absentee person under Rule 107. It discusses who can petition for appointment of a representative after 2 years of absence [Section 2], the required contents of the petition [Section 3], setting a hearing date and notifying interested parties [Section 4], the opportunity for opposition [Section 5], required proofs and order appointing a representative at the hearing [Section 6], preferences in who can be appointed [Section 7], and situations where administration of the absentee's property would cease [Section 8].

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    20 views9 pages

    Rule 107

    Uploaded by

    Ron Gawat
    This document outlines the process for appointing a representative for an absentee person under Rule 107. It discusses who can petition for appointment of a representative after 2 years of absence [Section 2], the required contents of the petition [Section 3], setting a hearing date and notifying interested parties [Section 4], the opportunity for opposition [Section 5], required proofs and order appointing a representative at the hearing [Section 6], preferences in who can be appointed [Section 7], and situations where administration of the absentee's property would cease [Section 8].

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    of 9

    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.

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