file:spcpro_part9.htm

9.  ABSENTEES

1.  Basic Concepts

1. Provisional representative

When a person disappears without leaving an agent
behind, an interested party, relative or friend, may file a petition before the
RTC (CFI) of the last place of residence of the person who disappeared to
appoint provisionally a representative for him. 230

2. Trustee or Administrator

After two (2) years without any news or after
five (5) years if an agent was left to administer his property, a petition for
declaration of absence and appointment of a trustee or administrator may be
filed. 231

3. Notice and publication is required. 232

4. Preferences

The court may appoint as trustee or administrator
or provisional representative (1) the spouse of the missing person if they are
not legally separated or if the spouse is not a minor or otherwise incompetent;
or, in default of the spouse, (2) any competent person. 233

5. Termination

The appointment shall be terminated (1) if the
absentee appears personally or by agent; (2) when death is proved and the heirs
appear; or (3) when a third person acquires the property of the absentee.

6. A wife filed a petition to declare her missing
husband absent and presumed dead. But he left no property. HELD: There is no
need for the petition. 234A
declaration of presumption of death can never be final. 235