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To: Mr. Leonardo P.

Draman
Dear Sir:
Re: Legal Opinion in respect of transferring of the property share of your wife to
your two children.
The subject of my query springs from

Mr. Leonardo Draman was married to Wilgemenia R. Draman on June 8 1993.


However, Wilgemenia, was not comfortable of living with him. She oftentimes goes
home to her parents. Wilgemenia, decided to go to Hongkong for two years despite
of the fact that his husband wanted to put up a store and want her to manage it, so
she doesnt need to leave. When she came back to the Philippines, they had two
children namely, Jacquilin R. Draman, and Leonardo Draman, Jr. Mr. Draman. He
noticed that before and even after their marriage, her wife used to hang out with his
female and male friends and she also loves having boyfriends. He came to know
that his wife had a boyfriend in Hongkong so he strongly opposed to Wilgemenias
plan of returning to. Nevertheless, Wilgemenia still secretly applied to go back in
Hongkong, and Leonardo, cant do something to stop her, because she was already
leaving when he came to know it. He learned that his wife had a boyfriend in
Hongkong and had no more communication with her. When she returned to the
country, she did not went home to where her children are living, but choose to went
home to the house of her parents. Mr. Draman, heard that her wife had a boyfriend
even at their place. Since 2005, she is no longer coming to our house. He never
seen her again, and they dont have any more communication, and even her
location is unknown to him. That he wanted to transfer the ownership of his wife in
favor of their two children.
The question on this matter is can Mr. Draman transfer the share of his wife in favor
of their two children?
In summary, we believe that you can successfully transfer the rights of your wife to
your two children. Even though the properties involved are conjugal properties and
cannot be transferred without the consent of your wife the Civil Code of the
Philippines provides instances when a spouse can be the sole administrator of the
properties. Since your wife already abandoned you and your children for more than
one year, and her existence is also unknown to you. We advise you therefore to file
before the court for the declaration of the absent of your wife.

Since its been 10 years that your wife has abandoned you and her existence is unknown. The Article 384
shall be applied, which provides that 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. Article 385(1) grants you authority for the
application of declaration of absence:

In case the court granted your application, you will be appointed as the representative (Article 383).
However in case your wife appeared. The administration shall cease.
Art. 101. Provides If a spouse without just cause abandons the other or fails to comply with his or her obligations to
the family, the aggrieved spouse may petition the court for receivership, for judicial separation of property or for
authority to be the sole administrator of the absolute community, subject to such precautionary conditions as the
court may impose.
The obligations to the family mentioned in the preceding paragraph refer to marital, parental or property relations. A
spouse is deemed to have abandoned the other when her or she has left the conjugal dwelling without intention of
returning. The spouse who has left the conjugal dwelling for a period of three months or has failed within the same
period to give any information as to his or her whereabouts shall be prima facie presumed to have no intention of
returning to the conjugal dwelling. (178a)

Article 394. Without prejudice to the provision of the preceding article, upon the opening of a
succession to which an absentee is called, his share shall accrue to his coheirs, unless he has heirs,
assigns, or a representative. They shall all, as the case may be, make an inventory of the property.
(196a)
Art. 196. With the conjugal partnership subsisting, the administration of all classes of property in
the marriage may be transferred by the courts to the wife:
(1) When she becomes the guardian of her husband;
(2) When she asks for the declaration of his absence;
(3) In case of civil interdiction of the husband.

Article 389. provides that the administration shall ceas in any of the following cases:(1) When the absentee
appears personally or by means of an agent;
Article 381. When a person disappears from his domicile, his whereabouts being unknown, and without
leaving an agent to administer his property, the judge, at the instance of an interested party, a relative, or a
friend, may appoint a person to represent him in all that may be necessary.
Article 383. In the appointment of a representative, the spouse present shall be preferred when there is no
legal separation.

After . If a spouse without just cause abandons the other or fails to comply with his or her obligation
to the family (referring to marital, parental or property relations), the aggrieved spouse may petition
the court for receivership, for judicial separation of property, or for authority to be the sole
administrator of the conjugal partnership property, subject to such precautionary conditions as the
court may impose.
A spouse is deemed to have abandoned the other when he or she has left the conjugal dwelling
without intention of returning. The spouse who has left the conjugal dwelling for a period of three
months or has failed within the same period to give any information as to his or her whereabouts shall
be prima facie presumed to have no intention of returning to the conjugal dwelling.

we would advise

that Mr. Draman

We hope that we were able to address your concern. However, please be reminded that our opinion
is based on your narration of facts and our appreciation of the same. The opinion may vary if other
facts are added or elaborated.