Text of the provision

Art. 384. Two years having elapsed without any news about the absentee or since the receipt of the last news, and five years in case the absentee has left a person in charge of the administration of his property, his absence may be declared.

(184)

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

Absence may be declared after two years without any news of the absentee, counted from the receipt of the last news — or after five years where the absentee left someone in charge of administering his property.

The two periods set different starting points depending on how exposed the absentee’s property already is. Where no one has been left in charge, only two years of silence need pass before absence may be declared, reflecting a more urgent need to appoint someone to protect the estate. Where the absentee already left a person managing the property, the estate is not left unprotected, so the law allows five years to elapse instead. Either period is counted from the same event — the last news received about the absentee — not from the date the absentee physically departed.

Questions about this provision

Related provisions

Cases citing this article

Compiled automatically from Supreme Court decisions published on LawPhil that expressly cite this article, most frequently cited first. A listing means the decision cites the provision — it is not a statement that the case is the leading authority, and it does not show whether a ruling has since been modified or abandoned. Always read the decision itself.

Note. The text of the provision above is reproduced in full from the official enactment (Republic Act No. 386), verified against the LawPhil and ChanRobles renderings. The annotation and commentary around it are the work of Vivas & Nobles Law Office and are general legal information, not legal advice. How a provision applies to a particular situation depends on facts that only a lawyer reviewing your case can assess.