Text of the provision
Art. 385. The following may ask for the declaration of absence:
(1) The spouse present;
(2) The heirs instituted in a will, who may present an authentic copy of the same;
(3) The relatives who may succeed by the law of intestacy;
(4) Those who may have over the property of the absentee some right subordinated to the condition of his death.
(185)
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
The declaration of absence may be asked for by the spouse present; the heirs instituted in a will, on presenting an authentic copy of it; the relatives who would succeed by intestacy; and anyone holding a right over the absentee’s property that is subordinated to the condition of his death.
Related provisions
- Article 384 — When Absence May Be Declared.
- Article 386 — Declaration Effective After Six Months.
Cases interpreting this article
- Authorities on this article will be added here as each is verified against primary sources.