Tol-Noquera vs.

Villamor
211 SCRA 616
Facts:

December 1986, Daya Maria Tol (seekingadmistration of the estate) alleged that she wasthe
acknowledged natural child of Remigio Tol,who had been missing since 1984 and acertain Diosdado Tol
had fraudulently obtaineda title of Remigi
os property


Diosdado countered that Daya maria was notan acknowledged natural child of the absenteeand the title
was originally in his nameIssue: WON DAYA MARIA TOL can beappointed administratrix when Remigio
was notyet declared presumptively deadThe relevant laws on the matter are found inthe following
provisions of the Civil Code:Art. 381. When a person disappears from hisdomicile his whereabouts being
unknown, andwithout leaving an agent to administer hisproperty the judge, at the instance of
aninterested party, a relative, or a friend, mayappoint a person to represent him in all thatmay be
necessary.This same rule shall be observed when undersimilar circumstances the power conferred bythe
absentee has expired.Art. 382. The appointment referred to in thepreceding article having been made,
the judgeshall take the necessary measures tosafeguard the rights and interest of theabsentee and shall
specify the powers,obligations and remuneration of hisrepresentatives, regulating them according tothe
circumstances, by the rules concerningguardians.Art. 383. In the appointment of arepresentative, the
spouse present shall bepreferred when there is no legal separation.If the absentee left no spouse, or if
the spousepresent is a minor, any competent person maybe appointed by the court.Art. 384. Two years
having elapsed without anynews about the absentee or since the receipt ofthe last news, and five years
in case theabsentee has left a person in charge of theadministration of his property, his absence maybe
declared.Art. 385. The following may ask for thedeclaration of absence:(1) The spouse present;(2) The
heirs instituted in a will, who maypresent an authentic copy of the same;(3) The relatives who may
succeed by the lawof intestacy;(4) Those who may have over the property ofthe absentee some right
subordinated to thecondition of his death.Art. 386. The judicial declaration of absenceshall not take
effect until six months after itspublication in a newspaper of generalcirculation.Held:It is not necessary
that a declaration ofabsence be made in a proceeding separatefrom and prior to a petition for
administration.The purpose of the cited rules is the protectionof the interests and property of the
absentee,not of the administrator