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Reyes vs.

Alejandro
141 SCRA 65
Facts:
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 a misunderstanding over personal
matters. Since then she doesnt know his whereabouts. He left no will or debts.She said they acquired no
properties or debts during marriage. She said
her only purpose infiling the petition is to establish the absence of her husband
, invoking the provisions of Rule 107 of the New Rules of Court and Article 384 of the Civil Code.CFI
dismissed the case.
Issue: WON Roberto must be judiciallydeclared absent.
Held: No. The purpose of the declaration is to provide an administrator of the property.Ratio:Rule 107 of
the Rules of Court is based on the provisions 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 an administrator 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 who has disappeared; 2. The rights of third parties against the
absentee, especially those who have rights which would depend upon the death of the absentee; and
3. The general interest of society which may require that property does not remain abandoned without
someone representing it and 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 a representative appointed by the Court (Article384, Civil Code);
2. the spouse of the absentee is asking for separation of property (Article 191, CivilCode) or
3. his wife is asking the Court that the administration of all classes of property in the marriage be
transferred to her (Article. 196,Civil Code).For civil marriage law-Necessary to judicially declare spouse
an absentee only when (1) there are properties which have to be taken cared of or administered by a
representative appointed by the Court (2) the spouse of the absentee is asking for separation of property
(3) wife is asking the Court that the administration of property in the marriage be transferred to herOtherwise law only requires that the former spouse has been absent for seven consecutive years at the
time of the second marriage, that the spouse present does not know his or her former spouse to he living,
that such former spouse is generally reputed to be dead and thespouse present so believes at the time of
the celebration of the marriage
RESULT: in this case, since there were noproperties to speak of, it was right for the TC to dismiss the
case.