Text of the provision
Art. 382. The appointment referred to in the preceding article having been made, 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, regulating them, according to the circumstances, by the rules concerning guardians.
(182)
Civil Code of the Philippines, Republic Act No. 386, approved June 18, 1949, effective August 30, 1950. Reproduced in full; verified verbatim against the LawPhil and ChanRobles official-text renderings.
What this article means
Once that appointment is made, the judge must take the measures needed to safeguard the absentee’s rights and interests and specify the representative’s powers, obligations and remuneration, regulating them according to the circumstances by the rules concerning guardians.
The phrase “regulating them… by the rules concerning guardians” means the judge does not draft the representative’s powers from scratch, but adapts the framework already used for guardianship — the general approach used to define what a guardian may and may not do without separate court approval. This does not make the representative a guardian in the technical sense, since the absentee has not been declared incompetent, but it borrows a ready-made structure for supervision, accounting, and compensation so the absentee’s estate is managed under a familiar standard of care rather than an unregulated arrangement.
Questions about this provision
Related provisions
- Article 381 — Provisional Representative for Absentee.
- Article 383 — Spouse Preferred as Representative.
Cases interpreting this article
- Authorities on this article will be added here as each is verified against primary sources.