SCRIPT

OGIE:

Good evening Sanchez Roman and Welcome to another episode of… are you smarter than a 5th grader.
In tonight’s episode, we have a special, where we have a group of law students who seek to win the
grand price which is…. Drum roll please…. To pass special proceedings.
our topic for tonight is all about Rule 107 of the Revised Rules of Court.

Before we get it to all of that let me first introduce to you our contestants.

*First we have Bea, then we have Trish. Say hi to K and last but not the least we have Sarah
*For Bea, trish, K and Sarah please film a clip with you waving, ogie will be introducing us as
contestants.

Editor’s note: just show a clip of all four of us waving

OGIE:

For our lovely audience who are not familiar with tonight’s topic let me give abit of a background

The purpose of Rule 107 is to enable the taking of the necessary precautions for the administration of
the estate of the absentee.

The Substantive Basis under the New Civil Code

A perusal of Rule 107 of the Rules of Court on absentees reveals that it is based on the provisions
of Title XIV of the New Civil Code on absence (Arts. 381 to 396), the reason and purpose for which 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.

It must be noted that said provisions of the New Civil Code are concerned with absence only with
reference to its effects on property.

The Substantive Basis under the Family Code

On the other hand, the enactment of the Family Code gave rise to the necessity of a declaration of
presumptive death for purposes of remarriage. Under Article 41 of the Family Code, For the purpose
of contracting the subsequent marriage under the preceding paragraph, the spouse present must
institute a summary proceeding as provided in this Court for the declaration of presumptive death
of the absentee, without prejudice to the effect of reappearance of the absent spouse.

Distinctions between Declaration of Presumptive Death under the Family Code and the Civil
Code vis-à-vis the Declaration of Absence under the Revised Rules of Court

The distinction between the Family code and the Civil Code in its treatment of declaration of
presumptive death is a subtopic of absence under Title XIV of the Civil Code.

Under Article 41 of the Family Code, the declaration of presumptive death is applicable for purposes of
contracting a valid subsequent marriage. Whereas, under Articles 391 and 392 of the Civil Code contain
the general rules regarding presumptions of death for any civil purpose except succession. Thus, if the
petition for the declaration of presumptive death was not filed for the purpose of remarriage, it clearly
relies on the presumption of death under either Article 390 or Article 391 of the Civil Code and not the
Family Code.
 Furthermore, under the Old Civil Code, if the purposes are for remarriage, there is no need for the
filing of a petition for a declaration of presumptive death. Under the old rules, such declaration, even if
judicially made, would not improve a petitioner’s situation, because the presumption of death is already
established by law when the required number of years has already lapsed. A judicial pronouncement to
that effect, even if final and executory, would still be a prima facie presumption only. It is still
disputable. However, under the Family Code, it is the law itself which mandates the filing of a petition for
the declaration of presumptive death in order that the spouse may contract a subsequent valid marriage.
Thus, for cases which are filed after the enactment of the Family Code, a judicial declaration of
presumptive death is required for purposes of remarriage regardless of when the previous marriage was
celebrated or of the property regime of the spouses.

The Declaration of Presumptive Death must also be distinguished from the Declaration of Absence
under the Revised Rules of Court. The latter us made in accordance with the provisions of the Civil Code
and has for its purpose to enable the taking of the necessary precautions for the administration of the
estate of the absentee, not for the purposes of contracting a subsequent marriage.

Ogie:
Now let’s start the show!

Ogie:
Okay bea your question, is when is a petition under Rule 107 proper?

Bea:
When the absentee left properties that needed to be administered by a representative

Ogie:
That is correct

Ogie:
Who may file a petition to be appointed representative of the
absentee?

Trish:
a) Any interested party
b) Relative
c) Friend

Ogie:
That is correct! Our next question is When and Where can a petition
to be appointed a representative of the absentee filed?

Sarah:
When can it be filed….. It can be filed When a person disappears
from his domicile or His whereabouts being unknown or when
without having left an agent to administer his property or the
power conferred upon the agent has expired.

And where….. It may be filed in the place where the absentee

resided before his disappearance

Ogie: Editor’s note:

That is correct! These are all provided under section 1 of the revised Flash section 1 of rule 107
rules of court

Ogie: Editor’s note:

It must be noted that Section is based on Artcile 381 and 382 of the Flash Article 381 and 382 of the
Civil Code Civil Code

Ogie:
our next question is when can you file a petition for a declaration of
absence?

K:
Ummmmm when the absentee dies?

Ogie Editor’s note: Sec. 2. Declaration of

Im sorry k but that is incorrect. Section 2 of rule 107 provides that absence; who may petition. - After
a petition may be filed after the lapse of two years from his the lapse of two (2) years from his
disappearance and without any news about the absentee or since disappearance and without any
the receipt of the last news, OR five (5) years in case the absentee news about the absentee or since
has left a person in charge of the administration of his property the receipt of the last news, or of
five (5) years in case the absentee
has left a person in charge of the
administration of his property

Ogie:
next question, Who may file for a declaration of absence?

BEA:
The following may file:
a) The spouse present;
b) The heirs instituted in a will, who may present an authentic
copy of the same;
c) The relatives who would succeed by the law of intestacy;
and
d) Those who have over the property of the absentee some
right subordinated to the condition of his death.

Ogie: Editor’s note:

That is correct, this can also be found on Section 2 of rule 107 Pleas flash

Section 2.
Xxx
…the declaration of his absence and
appointment of a trustee or
administrator may be applied for by
any of the following:

a) The spouse present;

b) The heirs instituted in a will,
who may present an
authentic copy of the same;

Ogie: Next Question, what are the content requirement for a

petition provided in sec 3 of Rule 107?

TRISH:
UMMMM… the petition must show:
(a) The jurisdictional facts;
(b) The names, ages, and residences of the heirs instituted in
the will, copy of which shall be presented, and of the relatives
who would succeed by the law of intestacy;
 (c) The names and residences of creditors and others who may
have any adverse interest over the property of the absentee;
(d) The probable value, location and character of the property
belonging to the absentee.

Ogie Editor’s Note:

that is correct! Flash Section 3
These contents must found when a filing a petition for:

1. Appointment of a Representative
2. Declaration of absence and the appointment of a trustee or
an administrator

A petition for the appointment of a representative may be filed

before the Regional Trial Court of the place where the absentee
resided before his disappearance. And also It is not necessary that
a declaration of absence be made in a proceeding separate from and
prior to a petition for administration.

Ogie:

what does Rule 107 require regarding notice and publication?

Sarah:

 Notice must be served personally.

 Service of notice and publication must be proven in court.

Copies of the notice of the time and place fixed for the hearing shall
be served at least ten (10) days before the day of the hearing, upon
the:
a. known heirs,
b. legatees,
c. devisees,
d. creditors and
e. other interested person

It shall be published once a week for three (3) consecutive weeks

prior to the time designated for the hearing, in a newspaper of
general circulation in the province or city where the absentee
resides, as the court shall deem best.

Ogie: Editor’s note:

That is correct and this can be found in Section 4 Flash Section 4

Ogie:
our Next question, What is the requirement for opposing a petition?

K:
Oh I know this,
Section 5 provides that Anyone who shall contest the petition
must:
1. state in writing his grounds for opposing and
2. served a copy to the petitioner and other interested parties
3. on or before the date designated for the hearing.

Ogie: Editor’s Note:

yes! That correct K! Section 5 provides for the requirements to Flash Section 5
oppose a petition.

Ogie: okay bea your question is… What must be shown and proven
before the court may issue an order granting the petition?

Bea:
Ummmm Section 6 which states that At the hearing, compliance
with the provisions of section 4 of this rule must first be shown.
Upon satisfactory proof of the allegations in the petition, the court
shall issue an order granting the same and appointing the
representative, trustee or administrator for the absentee. The judge
shall take the necessary measures to safeguard the rights and
interests of the absentee and shall specify the powers, obligations
and remuneration of his representative, trustee or administrator,
regulating them by the rules concerning guardians.

Ogie: Editor’s Note:

That is correct! Flash Section 6
Ogie:
Okay Trish your up, your question is, In a declaration of absence
how long before it will take effect?

Trish:
Ohh nooo ummmmm Upon publication?

Ogie: Editor’s note flash second

That is incorrect! This is found in the second paragraph of Section 6 paragraph of Section 6 and Article
which states that In case of declaration of absence, it shall not take 386 of the civil code
effect until six (6) months after its publication in a newspaper of
general circulation designated by the court and in the Official
Gazette.

It must be noted that this is based on Article 386 of the Civil Code

Ogie: okay sarah, Who may be appointed as a representative in

Rule 107?
Sarah:
Sec. 7 provides that:
In the appointment of a representative
1. the spouse present shall be preferred when there is no legal
separation.
2. If the absentee left no spouse, or if the spouse present is a
minor or otherwise incompetent, any competent person may
be appointed by the court.

Declaration of absence
the trustee or administrator of the absentee's property shall be
appointed
Ogie: that is correct! Editor’s Note
Flash Section 7
Ogie: okay second to the last question before we go to our bonus
round, WHAT are the grounds for termination of administration?

K:
Sec. 8. Provides that The trusteeship or administration of the
property of the absentee shall cease upon order of the court in any
of the following cases:

(a) When the absentee appears personally or by means of an

agent;
(b) When the death of the absentee is proved and his testate or
intestate heirs appear;
(c) When a third person appears, showing by a proper document
that he has acquired the absentee's property by purchase or
other title.

Ogie: that is correct! it must be noted that In these cases the Editors note:
trustee or administrator shall cease in the performance of his office, Flash SEC 8
and the property shall be placed at the disposal of those who may
have a right thereto

Also Section 8 is based on Article 389 of the Civil Code.

Ogie: okay this our last question before we go to our bonus round!
What are the effect of reappearance?

Bea:
ummm If the absentee appears, or without appearing his existence
is proved, he shall recover his property in the condition in which it
may be found, and the price of any property that may have been
alienated or the property acquired therewith; but he cannot claim
either fruits or rents.

and

The subsequent marriage shall be automatically terminated by the

recording of the affidavit of reappearance of the absent spouse,
unless there is a judgment annulling the previous marriage or
declaring it void ab initio
Ogie:
That is correct these effects can be found in Article 392 of the new
civil code and Article 42 of the family code.

BONUS ROUND: JURISPRUDENCE

Ogie:
that ends our first round now let’s start the bonus round.
In this round, as a group try to name as many cases as much
possible. Lets begin!

Ogie: Editor’s note:

Which case did the Supreme Court ruled that “The decision of the trial Flash
court in a petition for the declaration of presumptive death is immediately “The decision of the trial court in a
final and executory and is not subject to an ordinary appeal. The aggrieved petition for the declaration of
party may resort to Certiorari under Rule 65 to question the decision of the presumptive death is immediately final
trial court.” and executory and is not subject to an
ordinary appeal. The aggrieved party
Trish: may resort to Certiorari under Rule 65
(I don’t know look) to question the decision of the trial
court.”
Bea:
(thinking face)

K:
I KNOW THIS (SNAPPING FINGERS)

Sarah:
AHHHH!! REPUBLIC vs. GRANADA

Ogie:
That is correct! Now give me three cases that had similar rulings.

BEA: HMMM… REPUBLIC VS. CANTOR

K: REPUBLIC VS. Sareñogon, Jr. and Republic vs. Catubag

Ogie: okay next case, which case did the Supreme Court rule The
court has no jurisdiction to pass upon a petition for the declaration of the
presumptive death of the absent spouse if in an action or proceeding in
which it is the sole objective. The law merely created a disputable
presumption which cannot be rendered conclusive by a judgment of the trial
court. Thus, the court has no jurisdiction since no rights are affected and
the proceeding is a waste.

Bea: (head scratch)

K: (face palm)

Trish: this I know! Petition for the presumption of death of Nicolai

szatraw

Ogie:
That is correct!

Ogie: next case, the Supreme Court rule that “It is not necessary that a Editor’s note:
declaration of absence be made in a proceeding separate from and prior to a petition
for administration. This was the ruling in Reyes v. Alejandro, reiterating Pejer v. “It is not necessary that a declaration
Martinez. In the latter case, the court declared that the petition to declare the of absence be made in a proceeding
husband an absentee and the petition to place the management of the conjugal separate from and prior to a petition for
properties in the hands of the wife could be combined and adjudicated in the same administration. This was the ruling in
Reyes v. Alejandro, reiterating Pejer v.
proceeding.
Martinez. In the latter case, the court
declared that the petition to declare the
sarah: (thinking face) husband an absentee and the petition
to place the management of the
K: ummm conjugal properties in the hands of the
wife could be combined and
Bea:it’s the case of Daya Maria Tol-Noquera vs Hon. Adriano Villamor adjudicated in the same proceeding.

Ogie:
That is correct! For our final question lets make it abit challenging!
What was the ruling in the case Re: Petition for Declaration of
Absence of Roberto L. Reyes, Erlinda Reynoso Reyes vs Hon. Jose
P. Alejandro?

Trish: Editor’s note:

The need to have a person judicially declared an absentee is when he has The need to have a person judicially
properties which have to be taken cared of or administered by a declared an absentee is when he has
representative appointed by the Court; the spouse of the absentee is asking properties which have to be taken cared
for separation of property or his wife is asking the Court that the of or administered by a representative
administration of an classes of property in the marriage be transferred to appointed by the Court (Article 384,
her. The petition to declare the husband an absentee and the petition to Civil Code); the spouse of the absentee
place the management of the conjugal properties in the hands of the wife is asking for separation of property
may be combined and adjudicated in the same proceedings (Article 191, Civil Code) or his wife is
 asking the Court that the
administration of an classes of property
in the marriage be transferred to her
(Article 196, Civil Code). The petition to
declare the husband an absentee and
the petition to place the management
of the conjugal properties in the hands
of the wife may be combined and
adjudicated in the same proceedings
(Peyer vs. Martinez, 88 Phil. 72, 80).
OGIE:
CONGRATULATIONS LADIES! YOU ARE SMARTER THAN A 5TH
GRADER… (lol ogs ikaw na bahala sa closing speech mo hahaha)

Note/ reminder:
1. kaya na bahala mag drama drama sa parts niyo haha
2. don’t forget to use the green screen
3. sorry I had to limit the “wrong answers” to minus the explanation of ogie
4. don’t forget to film short clips of the following:
a)shock
b)face palm
c)kamot ulo
d)thinking
e)cheering
f) sad face
5. when filing each clip leave space in between para maclean cut ni k. :)
6. DUE DATE: SAT MARCH 7
7. download in google drive

THANK YOU K FOR EDITING!!!

THANK YOU OGS FOR AGREEING TO HOST!!! 