Chapter 3: Administration of the Property of the Absentee (Title XIV, Book I, Civil Code)

Article 387. An administrator of the absentee's property shall be appointed in accordance with article 383. (187a)

Notes:

1) Spouse present preferred, if no legal separation. The rule on preferring the spouse present to be the administrator of an absentee’s property is adopted for purpose of administration of property.

a. Same; Article 383, Civil Code: “[Par. 1] In the appointment of a representative, the spouse present shall be preferred when there is no legal separation… [Par. 2] If the absentee left no spouse, or if the spouse present is a minor, any competent person may be appointed by the court.”

Article 388. The wife who is appointed as an administratrix of the husband's property cannot alienate or encumber the husband's property, or that of the conjugal partnership, without judicial authority. (188a)

Notes:

1) Rule on wife as administratrix.

a. Limitation on wife as administratrix. The wife-administratrix will require judicial authority in these cases:

(1) Alienation or encumbrance of the husband’s property; and

(2) Alienation or encumbrance of the property of the conjugal partnership.

b. No limitation on husband as administrator. There is no similar rule applying to a husband-administrator. Based on this article, it is thus possible for a husband-administrator to alienate/encumber the wife’s property and/or that of the conjugal partnership.

Article 389. The administration shall cease in any of the following cases:

(1) When the abse...