Case Digest (G.R. No. L-32026)
Facts:
Re: Petition for Declaration of Absence of Roberto L. Reyes, G.R. No. L-32026, January 16, 1986, Supreme Court First Division, Patajo, J., writing for the Court.Petitioner Erlinda Reynoso Reyes filed on October 25, 1969 a petition to have her husband Roberto L. Reyes judicially declared an absentee. The petition alleged that Roberto left the conjugal dwelling in April 1962 following personal misunderstandings, that his whereabouts had been unknown since then, that he had left no will, no properties in his name, and no debts. Petitioner invoked Rule 107 of the Rules of Court and Article 384 of the Civil Code as grounds for the declaration.
The evidence admitted at the hearing established that the spouses were married on March 20, 1960; Roberto left in April 1962; petitioner received no news thereafter; the couple had acquired no properties during the marriage; and petitioner sought the declaration solely to establish her husband's absence. The Court of First Instance of Cavite dismissed the petition, reasoning that the statutory scheme on absence (Arts. 381–396, Rule 107) is designed primarily to protect and administer the absentee’s property and therefore a judicial declaration is unnecessary where the absentee has no property or rights requiring administration.
...(Subscriber-Only)Issues:
- Whether a petition to judicially declare a person an absentee may be sustained where the alleged absentee has no property, rights or interests requiring administration.
- Whether a judicial declaration of absence is necessary for purposes such as remarriage, or when it becomes necessary in family-property proceedings (e.g., separation of property or transfer of admini...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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