Text of the provision
Art. 383. In the appointment of a representative, the spouse present shall be preferred when there is no legal separation. If the absentee left no spouse, or if the spouse present is a minor, any competent person may be appointed by the court.
(183a)
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
In appointing a representative, the spouse present is preferred where there is no legal separation. If the absentee left no spouse, or the spouse present is a minor, the court may appoint any competent person.
The preference for the present spouse applies only where the couple is not legally separated; a spouse who is legally separated from the absentee, even if otherwise available, loses that priority under this provision. The rule also covers two situations where the present spouse cannot serve: where the absentee left no spouse at all, and where the spouse who is present is a minor and therefore lacks capacity to administer property. In either case, the statute leaves the choice of a suitable representative to the court’s discretion, rather than naming a fixed next-in-line relative.
Questions about this provision
Related provisions
- Article 382 — Court Defines the Representative’s Powers.
- Article 384 — When Absence May Be Declared.
Cases interpreting this article
- Authorities on this article will be added here as each is verified against primary sources.