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Reyes V Alejandro

Erlinda filed a petition to have her husband Roberto declared absent since he left their home in 1962 and had not been heard from since. Roberto did not leave any will, property, or outstanding debts. Erlinda presented evidence of their marriage and Roberto's disappearance but no property was involved. The Court ruled that a declaration of absence was unnecessary since Roberto left no property requiring administration, and such a declaration is only needed to handle the absentee's estate. The provisions on absence in the Civil Code concern property effects, not establishing absence for purposes of the civil marriage law.

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Miguel Luis Gayares
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420 views1 page

Reyes V Alejandro

Erlinda filed a petition to have her husband Roberto declared absent since he left their home in 1962 and had not been heard from since. Roberto did not leave any will, property, or outstanding debts. Erlinda presented evidence of their marriage and Roberto's disappearance but no property was involved. The Court ruled that a declaration of absence was unnecessary since Roberto left no property requiring administration, and such a declaration is only needed to handle the absentee's estate. The provisions on absence in the Civil Code concern property effects, not establishing absence for purposes of the civil marriage law.

Uploaded by

Miguel Luis Gayares
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
  • Case Information: Introduces the case by providing the title, case number, and the parties involved.
  • Holding: Summarizes the court's decision and reasoning.
  • Facts: Presents the factual background, including the events leading to the case.
  • Relevant Doctrine: Explains the legal doctrine applicable to the case, focusing on property rights following death.
  • Issue: Identifies the primary legal issue under consideration in the case.

55 absence from their dwelling since April 1962 and she had not heard

Reyes v. Alejandro from him and his whereabouts since then. Roberto did not leave any
January 16, 1986 | G.R. L-32026 | Rules Governing Persons who are Absent | will or property behind.
Patajo, J. 2. Erlinda presented evidence of their marriage and narrated that
sometime in April 1962 her husband left due to some
Petitioners: Erlinda Reynoso Reyes misunderstanding; that she has not received any news about the
Respondents: Hon. Jose P. Alejandro whereabouts of her husband; that they have not acquired any
properties; and that they have no outstanding obligation in favor of
RELEVANT DOCTRINE: The reason and purposes of the provisions of anyone. Erlinda also stated that her only purpose in filing the petition
the New Civil Code on absence (Arts. 381 to 396) are the following: is to establish the absence of Roberto pursuant to Rule 107 of the
The interest of the person himself who has disappeared; Rules of Court and Art. 384 of the Civil Code.

1. The rights of third parties against the absentee, especially those who have ISSUE: W/N a declaration of absence is necessary?
rights which would depend upon the death of the absentee; and
HELD: NO. Since Roberto Reyes left no properties, there was no necessity
2. The general interest of society which may require that property does not to declare him judicially an absentee.
remain abandoned without someone representing it and without an owner.
As explained by the Court, the provisions of the New Civil Code are
As explained by the Court, the provisions of the New Civil Code are concerned with absence only with reference to its effects on property. For the
concerned with absence only with reference to its effects on property. For purposes of the civil marriage law, it is not necessary to have the former
the purposes of the civil marriage law, it is not necessary to have the former spouse judicially declared an absentee since the declaration of absence has
spouse judicially declared an absentee since the declaration of absence has for its sole purpose to enable the taking of the necessary precautions for the
for its sole purpose to enable the taking of the necessary precautions for the administration of the estate of the absentee.
administration of the estate of the absentee.
In sum, the need to have a person judicially declared an absentee is when he
In sum, the need to have a person judicially declared an absentee is when he has properties which have to be taken cared of or administered by a
has properties which have to be taken cared of or administered by a representative appointed by the Court (Art. 384); when the spouse of the
representative appointed by the Court (Art. 384); when the spouse of the absentee is asking for separation of property (Art. 191); or the absentee’s
absentee is asking for separation of property (Art. 191); or the absentee’s wife is asking that the administration of all classes of property in the
wife is asking that the administration of all classes of property in the marriage be transferred to her (Art. 196).
marriage be transferred to her (Art. 196).

FACTS:
1. In October 1969, Erlinda prayed for the declaration of the absence
of her husband Roberto Reyes alleging that her husband had been

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