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Reyes vs.

Alejandro
141 SCRA 65Facts: In October 1969, Erlinda ReynosoReyes prayed for the declaration of absence ofher
husband Roberto L. Reyes who have beenabsent in their house since April 1962 due to
amisunderstanding over personal matters. Since
then she doesnt know his whereabouts. He left
no will or debts.She said they acquired no properties or debtsduring marriage. She said
her only purpose infiling the petition is to establish theabsence of her husband
, invoking theprovisions of Rule 107 of the New Rules ofCourt and Article 384 of the Civil Code.CFI
dismissed the caseIssue: WON Roberto must be judiciallydeclared absent.Held: No. The purpose of the
declaration is toprovide an administrator of the property.Ratio:Rule 107 of the Rules of Court is based
on theprovisions of Title XIV of the New Civil Code onabsence. The provision is concerned with
theinterest or property of the absentee. The
purpose of the declaration is to provide anadministrator of the property.
The reason and purpose of the provisions ofthe New Civil Code on absence (Arts. 381 to396)
are:1. The interest of the person himself whohas
disappeared;2. The rights of third parties against theabsentee, especially those who have rightswhich
would depend upon the death of theabsentee; and3. The general interest of society whichmay require
that property does not remainabandoned without someone representing itand without an owner (Civil
Code by Francisco,Vol. 2, pp. 930-931, 1953 Ed.).When to declare for
absence:1. when he has properties which have tobe taken cared of or administered by arepresentative
appointed by the Court (Article384, Civil Code);2. the spouse of the absentee is askingfor separation of
property (Article 191, CivilCode) or3. his wife is asking the Court that theadministration of all classes of
property in themarriage be transferred to her (Article. 196,Civil Code).For civil marriage law
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Necessary to judicially declare spouse anabsentee only when (1) there are propertieswhich have to be
taken cared of oradministered by a representative appointed bythe Court (2) the spouse of the absentee
isasking for separation of property (3) wife isasking the Court that the administration ofproperty in the
marriage be transferred to her
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Otherwise law only requires that the formerspouse has been absent for seven consecutiveyears at the
time of the second marriage, thatthe spouse present does not know his or herformer spouse to he
living, that such formerspouse is generally reputed to be dead and thespouse present so believes at the
time of thecelebration of the marriageRESULT: in this case, since there were noproperties to speak of, it
was right for the TC todismiss the case.