OUTLINE IN SPECIALPROCEEDINGS By Lhine Kiwalan

GENERAL PROVISION

RULE 72

Subject Matter andApplicability of General Rules

Section 1. Subject matter of specialproceedings. — Rules of specialproceedings are provided for in thefollowing cases:

TH2E SC3ARVDJ G

(a) Settlement of estate ofdeceased persons;

(b) Escheat;

(c) Guardianship and custodyof children;

(d) Trustees;

(e) Adoption;

(f) Rescission and revocationof adoption;

(g) Hospitalization of insanepersons;

(h) Habeas corpus;

(i) Change of name;

(j) Voluntary dissolution ofcorporations;

(k) Judicial approval ofvoluntary recognition of minornatural children;

(l) Constitution of familyhome;

(m) Declaration of absence anddeath;

(n) Cancellation of correctionof entries in the civilregistry.

Section 2. Applicability of rules of civilactions. — In the absence of specialprovisions, the rules provided forin ordinary actions shall be, asfar as practicable, applicable inspecial proceedings.

Settlement of Estate of DeceasedPersons

RULE 73

Venue and Process

Section 1. Where estate of deceasedpersons settled. —

Decedents - inhabitant of thePhilippines at the time of hisdeath, whether a citizen or analien, his will shall be proved, orletters of administration GRANTEDand HIS ESTATE SETTLED, in theCourt of First Instance (now RTC)in the province in which he residesat the time of his death;

Inhabitant of a foreign country -the Court of First Instance of anyprovince in which he had estate.

The court first taking cognizanceof the settlement of the estate ofa decedent, shall exercisejurisdiction to the exclusion ofall other courts.

The jurisdiction assumed by acourt, so far as it depends on theplace of residence of the decedent,or of the location of his estate,shall not be contested in a suit orproceeding, except in an appealfrom that court, in the originalcase, or when the want ofjurisdiction appears on the record.

Section 2. Where estate settled upondissolution of marriage.

Marriage is dissolved by the deathof the husband or wife, thecommunity property shall beinventoried, administered, andliquidated, and the debts thereofpaid, in the testate or intestateproceedings of the deceased spouse.If both spouses have died, theconjugal partnership shall beliquidated in the testate orintestate proceedings of either.

Section 3. Process.

In the exercise of probatejurisdiction, Courts of FirstInstance may issue warrants andprocess necessary to compel theattendance of witnesses or to carryinto effect theirs orders andjudgments, and all other powersgranted them by law. If a persondoes not perform an order or

judgment rendered by a court in theexercise of its probatejurisdiction, it may issue awarrant for the apprehension andimprisonment of such person untilhe performs such order or judgment,or is released.

Section 4. Presumption of death.

For purposes of settlement of hisestate, a person shall be presumeddead if absent and unheard from forthe periods fixed in the CivilCode. But if such person proves tobe alive, he shall be entitled tothe balance of his estate afterpayment of all his debts. Thebalance may be recovered by motionin the same proceeding.

CHAPTER 4 > PRESUMPTION OF DEATH

Art. 390. After an absence of sevenyears, it being unknown whether ornot the absentee still lives, heshall be presumed dead for allpurposes, except for those ofsuccession.

The absentee shall not be presumeddead for the purpose of opening hissuccession till after an absence often years. If he disappeared afterthe age of seventy-five years, anabsence of five years shall besufficient in order that hissuccession may be opened. (n)

Art. 391. The following shall bepresumed dead for all purposes,including the division of theestate among the heirs:

(1) A person on board a vessel lostduring a sea voyage, or anaeroplane which is missing, who hasnot been heard of for four yearssince the loss of the vessel oraeroplane;

(2) A person in the armed forceswho has taken part in war, and hasbeen missing for four years;

(3) A person who has been in dangerof death under other circumstancesand his existence has not beenknown for four years. (n)

Art. 392. If the absentee appears,or without appearing his existenceis proved, he shall recover hisproperty in the condition in whichit may be found, and the price ofany property that may have beenalienated or the property acquiredtherewith; but he cannot claimeither fruits or rents.

RULE 74

Summary Settlement of Estate

Section 1. Extrajudicial settlement byagreement between heirs.

DECEDENT LEFT NO WILL AND NO DEBTS- and that;

1. HEIRS ARE ALL OF AGE ANDMINORS are represented bytheir judicial or legalrepresentatives dulyauthorized for the purpose,the parties may withoutsecuring letters ofadministration, divide the

estate among themselves asthey see fit – BUT IT SHOOULDBE DONE BY MEANS OF A PUBLICINSTRUMENT FILED WITH THE ROD.

2. and if they DISAGREE, they maydo so in an ordinary action ofpartition.

3. If there is ONLY ONE HEIR- hemay adjudicate to himself theentire estate by means of anaffidavit filed in the officeof the register of deeds.

4. PARTIES TO AN EXTRAJUDICIALSETTLEMENT, whether by publicinstrument or by stipulationin a pending action forpartition, or the sole heirwho adjudicates the entireestate to himself by means ofan affidavit;

SHALL FILE simultaneously withand as a condition precedentto the filing of the publicinstrument, or stipulation inthe action for partition, orof the affidavit in the officeof the register of deeds, ABOND WITH THE ROD.

in an amount equivalent to the valueof the personal property involvedas certified to under oath bythe parties concerned andconditioned upon the paymentof any just claim that may befiled under section 4 of thisrule.

2 YEARS- It shall bepresumed that the decedent leftno debts if no creditor files a petitionfor letters of administration withintwo (2) years after the death of thedecedent.

The fact of the extrajudicialsettlement or administration shallbe published in a newspaper ofgeneral circulation in the mannerprovided in the nest succeedingsection; BUT NO extrajudicialsettlement shall be binding uponany person who has not participatedtherein or had no notice thereof.

Section 2. Summary settlement of estateof small value.

Whenever the gross value of theestate of a deceased person,whether he died testate orintestate, does not exceed Php10,000.00 ten thousand pesos, andthat fact is made to appear to theCourt of First Instance havingjurisdiction of the estate by thepetition of an interested personand upon hearing, which shall beheld not less than one (1) monthnor more than three (3) months fromthe date of the last publication of anotice

WHICH SHALL BE PUBLISHED ONCE AWEEK FOR THREE (3) CONSECUTIVEWEEKS IN A NEWSPAPER OF GENERALCIRCULATION

and after such other notice tointerest persons as the court maydirect, the court may proceed

summarily, without the appointmentof an executor or administrator,and without delay, to grant, ifproper, allowance of the will,

if any there be, to determine whoare the persons legally entitled toparticipate in the estate, and toapportion and divide it among themafter the payment of such debts ofthe estate as the court shall thenfind to be due; and such persons,in their own right, if they are oflawful age and legal capacity, orby their

guardians or trustees legallyappointed and qualified, ifotherwise, shall thereupon beentitled to receive and enter intothe possession of the portions ofthe estate so awarded to themrespectively.

The court shall make such order asmay be just respecting the costs ofthe proceedings, and all orders andjudgments made or rendered in thecourse thereof shall be RECORDED inthe office of the clerk, and the ;

order of partition or award, if itinvolves REAL ESTATES , shall beRECORDED in the proper register'soffice.

Section 3. Bond to be filed bydistributees.

The court, before allowing apartition in accordance with theprovisions of the precedingsection, my require thedistributes, if property other than

real is to be distributed, to filea bond in an amount to be fixed bycourt, conditioned for the paymentof any just claim which may befiled under the next succeedingsection.

Section 4. Liability of distributees andestate.

IF IT APPEARS AT ANY TIME WITHIN 2YEARS AFTER THE SETTLEMENT ANDDISTRIBUTION OF AN ESTATE THAT:

A) an heir or other person hasbeen unduly deprived of hislawful participation in theestate _ such heir or suchother person may compel thesettlement of the estate inthe courts in the mannerhereinafter provided for thepurpose of satisfying suchlawful participation.

B) And if within the same time oftwo (2) years, it shall appearthat there are debtsoutstanding against the estatewhich have not been paid;

C) or that an heir or otherperson has been undulydeprived of his lawfulparticipation payable in money–

“the COURT HAVING JURISDICTIONof the estate may;

1.by order for that purpose,after hearing, settle theamount of such debts or lawfulparticipation and order how

much and in what manner eachdistributee shall contributein the payment thereof, andmay

2. issue execution, ifcircumstances require, againstthe bond provided in thepreceding section or againstthe real estate belonging tothe deceased, or both.

SUCH BOND and such real estateshall remain charged with aliability to creditors, heirs,or other persons for the fullperiod of two (2) years aftersuch distribution,notwithstanding any transfersof real estate that may havebeen made.

Section 5. Period for claim of minor orincapacitated person.

If on the date of the expirationof the period of two (2) yearsprescribed in the preceding sectionthe person authorized to file aclaim ;

a) IS A MINOR

b) INCAPACITATED

c) IN PRISON

d) OUTSIDE THE PHILIPPINES

he may present his claim withinone (1) year after such disabilityis removed.

RULE 75

Production of Will. Allowanceof Will Necessary

Section 1. Allowancenecessary. Conclusive as to execution. —

No will shall pass either real orpersonal estate unless it is provedand allowed in the proper court.

Subject to the right of appeal,such allowance of the will shall beconclusive as to its due execution.

Section 2. Custodian of will to deliver.

The person who has custody of awill shall, within twenty (20) daysafter he knows of the death of thetestator, DELIVER THE WILL TO THECOURT having jurisdiction, or tothe executor named in the will.

Section 3. Executor to present will andaccept or refuse trust.

A person named as EXECUTOR in awill shall, within twenty (20) daysafter he knows of the death of thetestate, or within twenty (20) daysafter he knows that he is namedexecutor if he obtained suchknowledge after the death of thetestator, present such will to thecourt having jurisdiction, unlessthe will has reached the court inany other manner, and shall, withinsuch period, SIGNIFY TO THE COURTIN WRITING HIS ACCESPTANCE ANDTRUST OR HIS REFUSAL TO ACCEPT.

EXECUTOR AND ADMINISTRATOR SHOULDBE:

C A B which means

COMPETENT:

ACCEPT THE TRUST; and

FILES A BOND

Section 4. Custodian and executorsubject to fine for neglect.

A person who neglects any of theduties required in the two lastpreceding sections without excusedsatisfactory to the court shall befined not exceeding twothousand pesos.Section 5. Person retaining will may becommitted.

A person having custody of a willafter the death of the testator whoneglects without reasonable causeto deliver the same, when orderedso to do, to the court havingjurisdiction, may be committed toprison and there kept until hedelivers the will.

RULE 76

Allowance or Disallowance ofWill

Section 1. Who may petition for theallowance of will.

ANY EXECUTOR, DEVISEE (giftsreceived is a real property) OR ALEGATEE (gifts received is apersonal property) named in a will;

OR ANY OTHER INTERESTED PERSON inthe estate, MAY ;

at any time after the death ofthe testator, petition thecourt having jurisdiction :

to have the will allowed,whether the same be in hispossession or not, or is lost ordestroyed…..

The testator himself may, duringhis lifetime, petition the courtfor the allowance of his will.

Section 2. Contents of petition.

A petition for the allowance of awill must show, so far as known tothe petitioner:

(a) The jurisdictionalfacts;

(b) The names, ages, andresidences of the heirs,legatees, and devisees ofthe testator or decedent;

(c) The probable valueand character of theproperty of the estate;

(d) The name of theperson for whom lettersare prayed;

(e) If the will has notbeen delivered to thecourt, the name of theperson having custody ofit.

BUT NO DEFECT IN THE PETITION SHALLrender VOID the allowance of thewill, or the issuance of letterstestamentary or of administrationwith the will annexed.

Section 3. Court to appoint time forproving will. Notice thereof to bepublished.

When a will is delivered to, or apetition for the allowance of awill is filed in;

the court having jurisdiction,such court shall fix a time andplace for proving the will when allconcerned may appear to contest theallowance thereof, and shall causenotice of such time and place to bepublished three (3) weekssuccessively, previous to the timeappointed, in a newspaper ofgeneral circulation in theprovince.

But no newspaper publication shallbe made where the petition forprobate has been filed by thetestator himself.

Section 4. Heirs, devisees, legatees, andexecutors to be notified by mail orpersonally.

THE COURT SHALL:

a) cause copies of the notice ofthe time and place fixed forproving the will to be addressedto the designated or other knownheirs, legatees, and devisees ofthe testator resident in thePhilippines at their places of

residence, and deposited in thepost office with the postagethereon prepaid at least twenty(20) days before the hearing, ifsuch places of residence beknown.

b) A copy of the notice must inlike manner be mailed to theperson named as executor, if hebe not the petitioner; also, toany person named as executor notpetitioning, if their places ofresidence be known.

c) Personal service of copies ofthe notice at least (10) daysbefore the day of hearing shallbe EQUIVALENT TO MAILING.

If the testator asks for theallowance of his own will, noticeshall be sent only to hiscompulsory heirs.

Section 5. Proof at hearing. Whatsufficient in absence of contest.

a)At the hearing compliance withthe provisions of the last twopreceding sections must be shownbefore the introduction oftestimony in support of the will.

b) All such TESTIMONY shall betaken under oath and reduced towriting.

c) It no person appears to contestthe allowance of the will;

“the court may grant allowancethereof on the testimony of one ofthe subscribing witnesses only, if

such witness testify that the willwas executed as is required by law.

In the case of a holographic will,it shall be necessary that at leastone witness who :

…….knows the handwriting andsignature of the testatorexplicitly declare that the willand the signature are in thehandwriting of the testator.

In the absence of any suchcompetent witness, and if the courtdeem it necessary, expert testimonymay be resorted to.

Section 6. Proof of lost or destroyed will.Certificate thereupon.

No will shall be proved as a lostor destroyed will unless :

a) the execution and validity ofthe same be established, andthe will is proved to havebeen in existence at the timeof the death of the testator,or

b) is shown to have beenfraudulently or accidentallydestroyed in the lifetime ofthe testator without hisknowledge, nor

c) unless its provisions areclearly and distinctly provedby at least two (2) crediblewitnesses.

When a lost will is proved,the provisions thereof must bedistinctly stated andcertified by the judge, under

the seal of the court, and thecertificate must be filed and recordedas other wills are filed and recorded.

Section 7. Proof when witnesses donot reside in province.

If it appears THAT:

…… at the time fixed for thehearing that none of thesubscribing witnesses resides inthe province, but that thedeposition of one or more of themcan be taken elsewhere, the courtmay, on motion, direct it to betaken, and

….may authorize a photographic copyof the will to be made and to bepresented to the witness on hisexamination, who may be asked thesame questions with respect to it,and to the handwriting of thetestator and others, as would bepertinent and competent if theoriginal will were present.

Section 8. Proof when witnesses dead orinsane or do not reside in the Philippines.

If the appears at the time fixedfor the hearing that thesubscribing witnesses are dead orinsane, or that

..None of them resides in thePhilippines

… the COURT MAY ADMIT THE TESTIMONYof other witnesses to prove the

a) sanity of the testator, and

b) the due execution of the will;

…..and as evidence of the executionof the will, it may admit proof ofthe handwriting of the testator andof the subscribing witnesses, or ofany of them.

Section 9. Grounds for disallowing will.

The will shall be disallowed in anyof the following cases:

(a) If not executed andattested as required bylaw;

(b) If the testator wasinsane, or otherwisementally incapable tomake a will, at the timeof its execution;

(c) If it was executedunder duress, or theinfluence of fear, orthreats;

(d) If it was procured byundue and improperpressure and influence,on the part of thebeneficiary, or of someother person for hisbenefit;

(e) If the signature ofthe testator was procuredby fraud or trick, and hedid not intend that theinstrument should be hiswill at the time offixing his signaturethereto.

Section 10. Contestant to file grounds ofcontest.

ANYONE appearing to CONTEST thewill must STATE IN WRITING hisgrounds for opposing its allowance,and

……serve a copy thereof on thepetitioner and other partiesinterested in the estate.

Section 11. Subscribing witnessesproduced or accounted for where willcontested.

If the WILL IS CONTESTED, ALL:

a) the subscribing witnesses;b) the notary in the case of

wills executed under the CivilCode of the Philippines

…. if present in the Philippinesand not insane, must be producedand examined..

and the death, absence, orinsanity of any of them must besatisfactorily shown to thecourt.

….If all or some of suchwitnesses are present in thePhilippines BUT OUTSIED theprovince where the will has beenfiled…. ….THEIR DEPOSITION MUSTBE TAKEN.

AND IF ANY OR ALL OF THEMTESTIFY AGAINST THE DUEEXECUTION OF THE WILL….OR DO NOTREMEMBER HAVING ATTESTED THERETO…

Are otherwise of doubtfulcredibility;

The will may nevertheless, BEALLOWED IF the COURT ISSATISFIED FROM:

a) the testimony of otherwitnesses ;and

b) from all the evidencepresented that the will wasexecuted and attested in themanner required by law.

..A HOLOGRAPHIC WILL CONTEST:

… the same shall be allowed if atleast three (3) witnesses whoknows the handwriting of the testatorexplicitly declare that the will and thesignature are in the handwriting of thetestator; in the absence of anycompetent witnesses, and if thecourt deem it necessary, experttestimony may be resorted to.

Section 12. Proof where testatorpetitions for allowance of holographic will.

Where the TESTATOR HIMSELFPETITIONS for the probate of hisholographic will and NO contest isfiled, the fact that the affirmsthat the holographic will and thesignature are in his ownhandwriting,

…shall be sufficient evidence ofthe genuineness and due executionthereof.

If the holographic will ISCONTESTED, the burden of disprovingthe genuineness and due executionthereof shall be on the CONTESTAN.The TESTATOR TO REBUT THE EVIDENCEfor the contestant.

Section 13. Certificate of allowanceattached to prove will. To be recorded in theOffice of Register of Deeds.

If the court is SATISTFIED , uponproof taken and filed, that thewill was

a) duly executed;b) that the testator at the time

of its execution was of soundand disposing mind;

c) not acting under duress,menace, and undue influence,or fraud.

A CERTIFICATE OF ITS ALLOWANCE, signed by the judge, andattested by the seal of thecourt shall be ATTACHED tothe will ..…and the will and certificatefiled and recorded by theclerk. Attested copies of the willdevising real estate and ofcertificate of allowancethereof, shall be recorded inthe register of deeds of theprovince in which the landslie.

RULE 77

Allowance of Will Proved Outside ofPhilippines and Administration of

Estate Thereunder

Section 1. Will proved outsidePhilippines may be allowed here.

Wills proved and allowed in aforeign country, according to thelaws of such country, may beallowed, filed, and recorded by theproper Court of First Instance inthe Philippines.

Section 2. Notice of hearing forallowance.

When a copy of such will and of theorder or decree of the allowancethereof, both duly authenticated,are filed with a petition forallowance in the Philippines, bythe executor or other personinterested, in the court havingjurisdiction, such court shall fixa time and place for the hearing,and cause notice thereof to begiven as in case of an originalwill presented for allowance.

Section 3. When will allowed, and effectthereof. 

If it appears at the hearing thatthe will should be allowed in thePhilippines,..

the shall so allow it, and acertificate of its allowance,signed by the judge, and attestedby the seal of the court, to which

shall be attached a copy of thewill, shall be filed and recordedby the clerk, and the will shallhave the same effect as iforiginally proves and allowed insuch court.

Section 4. Estate, how administered.

When a will is thus allowed, thecourt shall

a) grant letters testamentary orletters of administration withthe will annexed,

b) and such letters testamentaryor of administration, shallextend to all the estate ofthe testator in thePhilippines

c) . Such estate, after thepayment of just debts andexpenses of administration,shall be disposed of accordingto such will, so far as suchwill may operate upon it;

d) and the RESIDUE , if any shallbe disposed of as is providedby law in cases of estates inthe Philippines belonging topersons who are inhabitants ofanother state or country.

RULE 78

Letters Testamentary and ofAdministration, When and to Whom

Issued

Section 1. Who are incompetent to serveas executors or administrators?

No person in competent to serve asexecutor or administrator who:

(a) Is a minor;

(b) Is not a resident of thePhilippines; and

(c) Is in the opinion of thecourt unfit to execute theduties of the trust by reasonof drunkenness, improvidence,or want of understanding orintegrity, or by reason ofconviction of an offenseinvolving moral turpitude.

Section 2. Executor of executor not toadminister estate.

The executor of an executor shallnot, as such, administer the estateof the first testator.

Section 3. Married women may serve.

A married woman may serve asexecutrix or administratrix, andthe marriage of a single womanshall not affect her authority soto serve under a previousappointment.

Section 4. Letters testamentary issuedwhen will allowed.

When a WILL IS PROVED AND ALLOWED,the COURT SHALL..

…issue letters testamentary thereonto the person named as executortherein,

if he is competent, accepts thetrust, and gives bond as requiredby these rules.

Section 5. Where some coexecutorsdisqualified others may act.

When all of the executors named ina will cannot act because ofincompetency, refusal to accept thetrust, or failure to give bond, onthe part of one or more of them,letters testamentary may issue tosuch of them as are competent,accept and give bond, and they mayperform the duties and dischargethe trust required by the will.

Section 6. When and to whom letters ofadministration granted.

If NO EXECUTOR IS NAMED IN THEWILL, or the executor or executorsare incompetent, refuse the trust,or fail to give bond, or a persondies intestate, ADMINISTRATIONshall be granted:

(a) To the surviving husbandor wife, as the case may be,or next of kin, or both, inthe discretion of the court,or to such person as suchsurviving husband or wife, ornext of kin, requests to haveappointed, if competent andwilling to serve;

(b) If such surviving husbandor wife, as the case may be,or next of kin, or the personselected by them, beincompetent or unwilling, orif the husband or widow, or

next of kin, neglects forthirty (30) days after thedeath of the person to applyfor administration or torequest that administration begranted to some other person,it may be granted to one ormore of the principalcreditors, if may be grantedto one or more of theprincipal creditors, ifcompetent and willing toserve;

(c) If there is no suchcreditor competent and willingto serve, it may be granted tosuch other person as the courtmay select.

RULE 79

Opposing Issuance Of LettersTestamentary. Petition And Contest

For Letters Of Administration

Section 1. Opposition to issuance ofletters testamentary. Simultaneous petitionfor administration.

ANY PERSON INTERESTED in a willmay:

…..STATE IN WRITING THE GROUNDSWHY letters testamentary should notissue to the persons named thereinas executors, or any of them, andthe court, after hearing uponnotice, shall pass upon thesufficiency of such grounds.

….A petition may, at the time, befiled for letters of administrationwith the will annexed.

Section 2. Contents of petition forletters of administration.

A petition for letters ofadministration must be filed by aninterested person and must show, sofar as known to the petitioner:

(a) The jurisdictionalfacts;

(b) The names, ages, andresidences of the heirs,and the names andresidences of thecreditors, of thedecedent;

(c) The probable valueand character of theproperty of the estate;

(d) The name of theperson for whom lettersof administration areprayed.

…But no defect in the petitionshall render void the issuance ofletters of administration.

Section 3. Court to set time for hearing.Notice thereof. 

When a petition for letters ofadministration is filed in thecourt having jurisdiction, suchcourt shall fix a time and placefor hearing the petition, and shall

cause notice thereof to be given tothe known heirs and creditors ofthe decedent, and to any otherpersons believed to have aninterest in the estate, in themanner provided in sections 3 and 4of Rule 76.

Section 4. Opposition to petition foradministration.

Any interested person may, byfiling a written opposition,

CONTEST THE PETITION on the groundof the incompetency of the personfor whom letters are prayedtherein, or

on the ground of the contestant'sown right to the administration,

and may pray that letters issue tohimself, or to any competent personor person named in the opposition.

Section 5. Hearing and order for lettersto issue.

At the HEARING OF THE PETITION, itmust first be shown that:

……. notice has been given ashereinabove required, andthereafter the court shall hear theproofs of the parties in support oftheir respective allegations, andif satisfied that the decedent leftno will, or that there is nocompetent and willing executor, it.

shall order the issuance ofletters of administration to theparty best entitled thereto.

Section 6. When letters ofadministration granted to any applicant.

LETTERS OF ADMINISTRATIONMAY… ..be granted to any qualifiedapplicant, though it appears thatthere are other competent personshaving better right to theadministration, if such personsfail to appear when notified andclaim the issuance of letters tothemselves.

RULE 80

Special Administrator

Section 1. Appointment of specialadministrator.

When there is DELAY in grantingletters testamentary or ofadministration by any causeincluding an appeal from theallowance or disallowance of awill, the court may appoint aspecial administrator to takepossession and charge of the estateof the deceased until the questionscausing the delay are decided andexecutors or administratorsappointed.

Section 2. Powers and duties of specialadminsitrator.

Such special administrator shalltake possession and charge of thegoods, chattels, rights, credits,and estate of the deceased andPRESERVE the same for the executorsor administrator afterwardsappointed, and for that purpose maycommence and maintain suits asadministrator.

He may sell only such perishableand other property as the COURTORDERS SOLD.

A special administrator shall NOTBE LIABLE to pay any debts of thedeceased unless so ordered by thecourt.

Section 3. When powers of specialadministrator cease. Transfer ofeffects. Pending suits.

When letters testamentary or ofadministration are granted on theestate of the deceased, ..

..the powers of the specialadministrator shall CEASE , and heshall forthwith DELIVER to theexecutor or administrator thegoods, chattels, money, and estateof the deceased in his hands.

The executor or administrator mayprosecute to final judgment suitscommenced by such specialadministrator.

RULE 81

Bond of Executors andAdministrators

Section 1. Bond to be given issuance ofletters. Amount. Conditions.

BEFORE an executor oradministrator enters upon theexecution of his trust, and letterstestamentary or administrationissue, he shall GIVE A BOND, in

such sum as the court directs,conditioned as follows:

(a) To make and return to thecourt, within three (3) months, atrue and complete inventory of allgoods, chattels, rights, credits,and estate of the deceased whichshall come to his possession orknowledge or to the possession ofany other person for him;

(b) To administer according tothese rules, and, if an executor,according to the will of thetestator, all goods, chattels,rights, credits, and estate whichshall at any time come to hispossession or to the possession ofany other person for him, and fromthe proceeds to pay and dischargeall debts, legacies, and chargeson the same, or such dividendsthereon as shall be decreed by thecourt;

(c) To render a true and justaccount of his administration tothe court within one (1) years,and at any other time whenrequired by the court;

(d) To perform all orders of thecourt by him to be performed.

Section 2. Bond of executor wheredirected in will. When further bondrequired.

If the testator in his willdirects that the executors servewithout bond, or with only hisindividual bond,

he may be allowed by the court togive bond in such sum and with suchsurety as the court approvesconditioned only to pay the debtsof the testator; ..

…but the court may require of theexecutor a further bond in case ofa change in his circumstance, orfor other sufficient case, with theconditions named in the lastpreceding section.

Section 3. Bonds of joint executors andadministrators.

When TWO OR MORE PERSONS areappointed executors oradministrators the court may take aseparate bond from each, or a jointbond from all.

Section 4. Bond of specialadministrator.

A SPECIAL ADMINISTRATOR beforeentering upon the duties of histrust shall give a bond, in suchsum as the court directs,conditioned that :

a) he will make and return a trueinventory of the goods,chattels, rights, credits, andestate of the deceased whichcome to his possession orknowledge, and

b) that he will truly accountfor such as are received byhim when required by thecourt, and

c) will deliver the same to theperson appointed executor oradministrator, or to such

other person as may beauthorized to receive them.

RULE 82

Revocation of Administration,Death, Resignation, andRemoval of Executors or

Administrators

Section 1. Administration revoked if willdiscovered. Proceedings thereupon.

If after letters of administrationhave been GRANTED on the estate ofa decedent as if he had DIEDINTESTATE, his WILL IS PROVED ANDALLOWED BY THE COURT,

EFFECT: the letters ofadministration shall be revoked andall powers thereunder cease, andthe administrator shall forthwithsurrender the letters to the court,and render his account with suchtime as the court directs.

Proceeding for the issuance ofletters testamentary or ofadministration under the will shallbe as hereinbefore provided.

Section 2. Court may be remove oraccept resignation of executor oradministrator. Proceeding upon death,resignation, or removal.

If an executor or administrator:

a) neglects to render his accountand

b) settle the estate according tolaw, or

c) to perform an order orjudgment of the court, or

d) a duty expressly provided bythese rules, or

e) absconds, or f) becomes insane, or g) otherwise incapable or

insuitable to discharge thetrust, ….the COURT MAY REMOVE HIM, orIN ITS DISCRETION, may permithim to resign.

When an executor oradministrator dies, resign, oris removed; THE REMAININGexecutor or administrator mayadminister the trust alone, UNLESS the court grantsletters to someone to act withhim. If there is no remainingexecutor or administrator,administration may be to anysuitable person.

Section 3. Acts before revocation,resignation, or removal to be valid.

The LAWFUL ACTS of an executor oradministrator before the revocationof his letters testamentary or ofadministration, or before hisresignation or removal, shall havethe like validity as if there hadbeen no such revocation,resignation, or removal.

Section 4. Powers of new executor oradministrator. Renewal of license to sellreal estate.

The person to whom letterstestamentary or of administrationare granted after the revocation of

former letters, or the death,resignation, or removal of a formerexecutor or administrator…

SHALL HAVE :

a) the like powers to collect andsettle the estate notadministered that the formerexecutor or administrator had,and

b) may prosecute or defendactions commenced by oragainst the former executor oradministrator, and

c) have execution on judgmentsrecovered in the name of suchformer executor oradministrator.

…An authority granted by thecourt to the former executoror administrator for the saleor mortgage of real estate maybe RENEWED in favor of suchperson WITHOUT FURTHER NOTICEOF HEARING...

RULE 83

Inventory and Appraisal.Provision for Support of

Family

Section 1. Inventory and appraisal to bereturned within three months.

Within three (3) months AFTER hisappointment …

Every executor oradministrator shall ….return to the

court a TRUE INVENTORY andAPPRAISAL of all real and personalestate of the deceased which hascome into his possession orknowledge.

In the appraisement of suchestate, the court may order one ormore of the inheritance taxappraisers to give his or theirassistance.

Section 2. Certain article not to beinventoried.

The WEARING APPAREL of thesurviving husband or wife and minorchildren., the marriage bed andbedding, and such provisions andother articles as will necessarilybe consumed in the substinence ofthe family of the deceased,

….under the direction of the court,shall not be considered as assets,nor administered as such, and shallnot be included in the inventory.

Section 3. Allowance to widow andfamily.

The widow and minor orincapacitated children of adeceased person, during thesettlement of the estate, shallreceive therefrom, under thedirection of the court, suchallowance as are provided by law.

RULE 84

General Powers and Duties ofExecutors and Administrators

Section 1. Executor or administrator tohave access to partnership books andproperty.

How right enforced:

The executor or administrator ofthe estate of a deceased partnershall :

a) at all times have access to,and may examine and takecopies of, books and papersrelating to the partnershipbusiness, and make examine andmake invoices of the propertybelonging to such partnership;

b) and the surviving partner orpartners, on request, shallexhibit to him all such books,papers, and property in theirhands or control.

….On the WRITTEN APPLICATION ofsuch executor or administrator, thecourt having jurisdiction of theestate may order any such survivingpartner or partners to freelypermit the exercise of the rights,and to exhibit the books, papers,and property, as in this sectionprovided, and may punish anypartner failing to do so forcontempt.

Section 2. Executor or administrator tokeep buildings in repair.

An executor or administrator shallmaintain in tenable repair the

houses and other structures andfences belonging to the estate, anddeliver the same in such repair tothe heirs or devisees when directedso to do by the court.

Section 3. Executor or administrator toretain whole estate to pay debts, and toadminister estate not willed.

An executor or administrator shallhave the RIGHT to the possessionand management of the real as wellas the personal estate of thedeceased so long as it is necessaryfor the payment of the debts andthe expenses of administration.

RULE 85

Accountability and Compensation ofExecutors and Administrators

Section 1. Executor or administratorchargeable with all estate and income.

Except as otherwise expresslyprovided in the following sections,every executor or administrator isCHARGEABLE in his account with thewhole of the estate of the deceasedwhich has come into his possession,at the VALUE of the APPRAISEMENTcontained in the inventory; ..withall the interest, profit, andincome of such estate; and with theproceeds of so much of the estateas is sold by him, at the price atwhich it was sold.

Section 2. Not to profit by increase orlose by decrease in value.

No EXECUTOR OR ADMINISTRATOR shallprofit by the increase, or sufferloss by the decrease ordestruction, without his fault, ofany part of the estate.

He must ACCOUNT FOR THE EXCESS whenhe SELLS any part of the estate formore than the appraisement, and ifany is SOLD IS LESS than theAPPRAISEMENT , he is NOTRESPONSIBLE for the loss, if thesale has justly made.

If he settles any claim againstthe estate for less than itsnominal value, he is entitled tocharge in his account only theamount he actually paid on thesettlement.

Section 3. When not accountable fordebts due estate.

No executor or administrator shallbe accountable for debts due thedeceased which remain uncollectedwithout his fault.

Section 4. Accountable for income fromrealty used by him.

If the executor or administratoruses or occupies any part of thereal estate himself, he shallaccount for it as may be agreedupon between him and the partiesinterested, or adjusted by thecourt with their assent; and if theparties do not agree upon the sumto be allowed, the same may beascertained by the court, whosedetermination in this respect shallbe final.

Section 5. Accountable if he neglects ordelays to raise or pay money.

When an executor or administratorneglects or unreasonably delays toraise money,

…by collecting the debts or

.. selling the real or personalestate of the deceased, or neglectsto pay over the money

….he has in his hands, and….

… the value of the estate isthereby lessened or unnecessarycost or interest accrues, or thepersons interested suffer loss, the sameshall be deemed waste and thedamage sustained may be charged andallowed against him in his account,and he shall be liable therefor onhis bond.

Section 6. When allowed money paid ascost.

The amount paid by an executor oradministrator for costs awardedagainst him shall be ALLOWED in hisadministration account, UNLESS itappears that the action orproceeding in which the costs aretaxed was prosecuted or resistedwithout just cause, and not in goodfaith.

Section 7. What expenses and feesallowed executor or administrator. Not tocharge for services asattorney. Compensation provided by willcontrols unless renounced.

An executor or administrator shall;

a) be allowed the necessaryexpenses the care, management,

b) and settlement of the estate,and for his services, fourpesos per day for the timeactually and necessarilyemployed,

c) or a commission upon the valueof so much of the estate ascomes into his possession and

d) is finally disposed of by himin the payment of debts,expenses, legacies, ordistributive shares, or bydelivery to heirs or devisees,of two per centum of the firstfive thousand pesos of suchvalue, one per centum of so muchof such value as exceeds fivethousand pesos and does notexceed thirty thousand pesos,one-half per centum of so muchof such value as exceed onehundred thousand pesos.

…But in any SPECIAL CASE ,where the estate is large, andthe settlement has beenattended with greatdifficulty, and has required ahigh degree of capacity on thepart of the executor oradministrator, ..A GREATER SUM MAY BE ALLOWED.

If objection to the feesallowed be taken, theallowance may be re-examinedon appeal.

If there are two or moreexecutors oradministrators, thecompensation shall beapportioned among them bythe court according tothe services actuallyrendered by themrespectively.

When the executors oradministrator is anattorney, he shall notcharge against the estateany professional fees forlegal services renderedby him.

When the deceased by willmakes some otherprovision for thecompensation of hisexecutor, that provisionshall be a fullsatisfaction for hisservices unless by awritten instrument filedin the court he renouncesall claim to thecompensation provided bythe will.

Section 8. When executor oradministrator to render account.

Every executor or administratorshall RENDER an account of hisadministration within ..one (1)year from the time of receivingletters testamentary or ofadministration, UNLESS..

the court otherwise directsbecause of extensions of time for

presenting claims against, orpaying the debts of, the estate, orfor disposing of the estate; and heshall render such further accountsas the court may require until theestate is wholly settled.

Section 9. Examinations on oath withrespect to account 

The court may EXAMINE the executoror administrator upon oath withrespect to every matter relating toany account rendered by him, andshall so examine him as to thecorrectness of his account beforethe same is allowed, except when noobjection is made to the allowanceof the account and its correctnessis satisfactorily established bycompetent proof.

..The heirs, legatees,distributees, and creditors of theestate shall have the sameprivilege as the executor oradministrator of being examined onoath on any matter relating to anadministration account.

Section 10. Account to be settled onnotice.

BEFORE the account of an executoror administrator IS ALLOWED….

NOTICE SHALL BE GIVEN to personsinterested of the time and place ofexamining and allowing the same;and such notice may be givenpersonally to such personsinterested or by advertisement in anewspaper or newspapers, or both,as the court directs.

Section 11. Surety on bond may be partyto accounting.

Upon the settlement of the accountof an executor or administrator, aperson liable as surety in respectto such account may, uponapplication, be admitted as partyto such accounting.

RULE 86

Claims Against Estate

Section 1. Notice to creditors to be issuedby court.

IMMEDIATELY AFTER granting letterstestamentary or of administration,THE COURT shall ISSUE A NOTICEREQUIRING all persons having moneyclaims against the decedent to filethem in the office of the clerk ofsaid court.

Section 2. Time within which claimsshall be filed.

In the notice provided in thepreceding section, the court shallestate the time for the filing ofclaims against the estate, whichshall ..

not be more than twelve (12) notless than six (6) months after thedate of the first publication ofthe notice.

However, at any time before anorder of distribution is entered,on application of a creditor whohas failed to file his claim within

the previously limited, the courtmay, for cause shown and on suchterms as are equitable, allow suchclaim to be filed within a time notexceeding one (1) month.

Section 3. Publication of notice tocreditors.

Every executor or administratorshall, immediately after the noticeto creditors is issued, cause thesame to be published three (3)weeks successively in a newspaperof general circulation in theprovince, ..

and to be posted for the sameperiod in four public places in theprovince and in two public placesin the municipality where thedecedent last resided.

Section 4. Filing of copy of printednotice.

Within ten (10) days after thenotice has been published andposted in accordance with thepreceding section, ..

the executor or administrator shallfile or cause to be filed in thecourt a printed copy of the noticeaccompanied with an affidavitsetting forth the dates of thefirst and last publication thereofand the name of the newspaper inwhich the same is printed.

Section 5. Claims which must be filedunder the notice. If notfiled, barred; exceptions.

ALL CLAIMS FIOR MONEY against thedecent, arising from contract,express or implied, whether thesame be due, not due, orcontingent, all claims for funeralexpenses and expense for the lastsickness of the decedent, andjudgment for money against thedecent, must be filed within thetime limited in the notice;

otherwise they are barred forever,

EXCEPT that they may be set forthas counterclaims in any action that theexecutor or administrator may bringagainst the claimants.

Where an executor or administratorcommences an action, or prosecutesan action already commenced by thedeceased in his lifetime, thedebtor may set forth by answer theclaims he has against the decedent,instead of presenting themindependently to the court asherein provided, and mutual claimsmay be set off against each otherin such action; and if finaljudgment is rendered in favor ofthe defendant, the amount sodetermined shall be considered thetrue balance against the estate, ..

as though the claim had beenpresented directly before the courtin the administration proceedings.

Claims not yet due, or contingent,may be approved at their presentvalue.

Section 6. Solidary obligation ofdecedent.

Where the obligation of thedecedent is SOLIDARY with anotherdebtor, ,,

the claim shall be filed againstthe decedent as if he were the onlydebtor, without prejudice to theright of the estate to recovercontribution from the debtor.

In a joint obligation of thedecedent, the claim shall beconfined to the portion belongingto him.

Section 7. Mortgage debt due fromestate.

A creditor holding a claim againstthe deceased secured by mortgage orother colateral security, mayABANDON the security and …

PROSECUTE his claim in the mannerprovided in this rule, and share inthe general distribution of theassets of the estate;

or he may foreclose his mortgage orrealize upon his security, byaction in court, making theexecutor or administrator a partydefendant,

…. and if there is a judgment for adeficiency, after the sale of themortgaged premises,

or the property pledged, in theforeclosure or other proceeding torealize upon the security,

he may claim his deficiencyjudgment in the manner provided inthe preceding section or he may

rely upon his mortgage or othersecurity alone, and

…foreclosure the same at any timewithin the period of the statute oflimitations, and in that event heshall not be admitted as acreditor, and shall receive noshare in the distribution of theother assets of estate;

….but nothing herein containedshall prohibit the executor oradministrator from redeeming theproperty mortgaged or pledged, bypaying the debt for which it isheld as security, under thedirection of the court, if thecourt shall adjudge it to be forthe best interest of the estatethat such redemption shall be made.

Section 8. Claim of executor oradministrator against an estate.

If the executor or administratorhas a CLAIM against the estate herepresents, he shall

“give notice thereof, in writing,to the court, and the court shallappoint a special administrator,who shall, in the adjustment ofsuch claim, have the same power andbe subject to the same liability asthe general administrator orexecutor in the settlement of otherclaims”

…The court may order the executoror administrator to pay to thespecial administrator necessaryfunds to defend such claim.

Section 9. How to file a claim. Contentsthereof. Notice to executor oradministrator.

A claim may be filed by ;

a) delivering the same with thenecessary vouchers to theclerk of court and by servinga copy thereof on the executoror administrator.

b) If the claim be founded on abond, bill, note, or any otherinstrument, the original neednot be filed, but a copythereof with all indorsementsshall be attached to the claimand filed therewith.

c) On demand, however, of theexecutor or administrator, orby order of the court orjudge, the original shall beexhibited, unless it be listor destroyed, in which casethe claimant must accompanyhis claim with affidavit oraffidavits containing a copyor particular description ofthe instrument and stating itsloss or destruction.

d) When the claim is due, it mustbe supported by affidavitstating the amount justly due,that no payments have beenmade thereon which are notcredited, and that there areno offsets to the same, to theknowledge of the affiant.

e) If the claim is not due, or iscontingent, when filed, itmust also be supported byaffidavits stating theparticulars thereof.

f) When the affidavit is made bya person other than theclaimant, he must set forththerein the reason why it isnot made by the claimant.

g) The claim once filed shall beattached to the record of thecase in which the letterstestamentary or ofadministration were issued,although the court, in itsdiscretion, and as a matter ofconvenience, may order all theclaims to be collected in aseparate folder.

Section 10. Answer of executor oradministrator. Offsets 

Within fifteen (15) days afterservice of a copy of the claim onthe executor or administrator..

, he shall file his answeradmitting or denying the claimspecifically, and setting forth theadmission or denial.

If he has no knowledge sufficientto enable him to admit or denyspecifically, he shall state suchwant of knowledge.

The executor or administrator inhis answer shall allege in offsetany claim which the decedent beforedeath had against the claimant, andhis failure to do so shall bar theclaim forever.

A copy of the answer shall beserved by the executor oradministrator on the claimant.

The court in its discretion mayextend the time for filing suchanswer.

Section 11. Disposition of admittedclaim.

Any claim admitted entirely by theexecutor or administrator shallimmediately be submitted by theclerk to the court who may approvethe same without hearing;

but the court, in its discretion,

before approving the claim,

may order that known heirs,legatees, or devisees be notifiedand heard.

If upon hearing, an heir, legatees,or devisee opposes the claim, thecourt may, in its discretion, allowhim fifteen (15) days to file ananswer to the claim in the mannerprescribed in the precedingsection.

Section 12. Trial of contested claim.

Upon the filing of an answer to aclaim, or upon the expiration ofthe time for such filing, the clerkof court shall set the claim fortrial with notice to both parties.The court may refer the claim to acommissioner.

Section 13. Judgment appealable.

The judgment of the court approvingor disapproving a claim, shall befiled with the record of theadministration proceedings with

notice to both parties, and isappealable as in ordinary cases.

A judgment against the executor oradministrator shall be that he pay,in due course of administration,the amount ascertained to be due,and it shall not create any lienupon the property of the estate, orgive to the judgment creditor anypriority of payment.

Section 14. Costs.

When the executor oradministrator, in his answer,admits and offers to pay part of aclaim, and the claimant refuses toaccept the amount offered insatisfaction of his claim, if hefails to obtain a more favorablejudgment, he cannot recover costs,but must pay to the executor oradministrator costs from the timeof the offer.

Where an action commenced againstthe deceased for money has beendiscontinued and the claim embracedtherein presented as in this ruleprovided, the prevailing partyshall be allowed the costs of hisaction up to the time of itsdiscontinuance.

RULE 87

Actions By and AgainstExecutors and Administrators

Section 1. Actions which may and whichmay not be brought against executor oradministrator.

No action upon a claim for therecovery of money or debt orinterest thereon shall be commencedagainst the executor oradministrator; ………but to recoverreal or personal property,

or an interest therein, from theestate, or to enforce a lienthereon, and

actions to recover damages for aninjury to person or property, realor personal, may be commencedagainst him.

Section 2. Executor or administratormay bring or defend actions which survive.

For the recovery or protection ofthe property or rights of thedeceased, an executor oradministrator may bring or defend,in the right of deceased, actionsfor causes which survive.

Section 3. Heir may not sue until shallassigned 

When an executor oradministrator ..is appointed andassumes the trust,

…no action to recover the title orpossession of lands or for damagesdone to such lands shall bemaintained against him by an heiror devisee until there is an orderof the court assigning such landsto such heir or devisee or until

the time allowed for paying debtshas expired.

Section 4. Executor or administrator maycompound with debtor.

Within the approval of the court,an executor or administrator maycompound with the debtor of thedeceased for a debt due, and

may give a discharge of such debton receiving a just dividend of theestate of the debtor.

Section 5. Mortgage due estate may beforeclosed.

A mortgage belonging to the estateof a deceased person, as mortgageeor assignee of the right or amortgage, may be foreclosed by theexecutor or administrator.

Section 6. Proceedings when propertyconcealed, embezzled, or fraudulentlyconveyed.

If an executor or administrator,heir, legatee, creditor or otherindividual interested in the estateof the deceased, complains to thecourt having jurisdiction of theestate ;

a) that a person is suspected ofhaving concealed, embezzled,or conveyed away any of themoney, goods, or chattels ofthe deceased, or

b) that such person has in hispossession or has knowledge ofany deed, conveyance, bond,contract, or other writingwhich contains evidence of or

tends or discloses the right,title, interest, or claim ofthe deceased, ….the court may cite suchsuspected person to appearbefore it any may examine himon oath on the matter of suchcomplaint; …and if the person so citedrefuses to appear, or toanswer on such examination orsuch interrogatories as areput to him, the court maypunish him for contempt, andmay commit him to prison untilhe submits to the order of thecourt. The interrogatories put anysuch person, and his answersthereto, shall be in writingand shall be filed in theclerk's office.

Section 7. Person entrusted with estatecompelled to render account.

The COURT on complaint of anexecutor or administrator, may CITEA PERSON entrusted by an executoror administrator with any part ofthe estate of the deceased toappear before it, and may requiresuch person to render a fullaccount, on oath, of the money,goods, chattels, bonds, account, orother papers belonging to suchestate as came to his possession intrust for such executor oradministrator, and of hisproceedings thereon; ..

and if the person so cited refusesto appear to render such account,

the court may punish him forcontempt as having disobeyed alawful order of the court.

Section 8. Embezzlement before lettersissued 

If a person, before the grantingof letters testamentary or ofadministration on the estate of thedeceased, embezzles or alienatesany of the money, goods, chattels,or effects of such deceased, suchperson shall be liable

…to an action in favor of theexecutor or administrator of theestate for double the value of theproperty sold, embezzled, oralienated, to be recovered for thebenefit of such estate.

Section 9. Property fraudulentlyconveyed by deceased may be recovered.When executor or administrator must bringaction.

When there is a deficiency ofassets in the hands of an executoror administrator for the ..paymentof debts and

expenses of administration,

and the deceased in his lifetimehad conveyed real or personalproperty, or a right or interesttherein, or an debt or credit, withintent to defraud his creditors orto avoid any right, debt, or duty;or had so conveyed such property,right, interest, debt or creditthat by law the conveyance would bevoid as against his creditors,

and the subject of the attemptedconveyance would be liable toattachment by any of them in hislifetime,

the executor or administrator maycommence and prosecute to finaljudgment an action for the recoveryof such property, right, interest,debt, or credit for the benefit ofthe creditors;

but he shall not be bound tocommence the action unless onapplication of the creditors of thedeceased,

not unless the creditors making theapplication pay such part of thecosts and expenses, or givesecurity therefor to the executoror administrator, as the courtdeems equitable.

Section 10. When creditor may bringaction. Lien for costs.

When there is such a deficiency ofassets, and the deceased in hislifetime had made or attempted sucha conveyance, as is stated in thelast preceding section,

and the executor or administratorhas not commenced the action thereinprovided for, any creditor of the estate may,

with the permission of the court,commence and prosecute to finaljudgment, in the name of theexecutor or administrator,

a like action for the recovery ofthe subject of the conveyance or

attempted conveyance for thebenefit of the creditors.

But the action shall not becommenced until the creditor hasfiled in a court a bond executed tothe executor or administrator, inan amount approved by the judge,conditioned to indemnify theexecutor or administrator againstthe costs and expenses incurred byreason of such action.

Such creditor shall have a lienupon any judgment recovered by himin the action for such costs andother expenses incurred therein asthe court deems equitable.

………Where the conveyance orattempted conveyance had been madeby the deceased in his lifetime infavor of the executor oradministrator, the action which acredit may bring shall be in thename of all the creditors, andpermission of the court and filingof bond as above prescribed, arenot necessary.

RULE 88

Payment of the Debts of theEstate

Section 1. Debts paid in full if estatesufficient.

If, after hearing all the moneyclaims against the estate, andafter ascertaining the amount ofsuch claims, it appears that there

are sufficient assets to pay thedebts, the executor oradministrator pay the same withinthe time limited for that purpose.

Section 2. Part of estate from which debtpaid when provision made by will.

If the testator ;

a) makes provision by his will,b) or designates the estate to

be appropriated for thepayment of his debts, theexpenses of administration, orthe family expenses, theyshall be paid according to theprovisions of the will;

c) but if the provision made bythe will or the estateappropriated, is notsufficient for thatpurpose, ..…such part of the estate ofthe testator, real orpersonal, as is not disposedof by will, if any shall beappropriated for that purpose.

Section 3. Personalty first chargeablefor debts, then realty.

The personal estate of thedeceased not disposed of by willshall be

…first chargeable with the paymentof debts and expenses;

and if said personal estate is notsufficient for tax purpose, or itssale would redound to the detriment

of the participants for the estate,the whole of the real estate notdispose of by will, or so muchthereof as is necessary, may besold, mortgaged, or otherwiseencumbered for that purpose by theexecutor or administrator, afterobtaining the authority of thecourt therefor.

Any deficiency shall be met bycontributions in accordance withthe provisions of section 6 of thisrule.

Section 4. Estate to be retained to meetcontingent claims.

If the court is satisfied that acontingent claim duly filed isvalid, it may order the executor oradministrator to retain in hishands sufficient estate to pay suchcontingent claim when the samebecomes absolute, or if the estateis insolvent, sufficient to pay aportion equal to the dividend ofthe other creditors.

Section 5. How contingent claimbecoming absolute in two years allowedand paid. Action against distributeeslater.

If such contingent claim becomesabsolute and is presented to thecourt, or to the executor oradministrator, within two (2) yearsfrom the time limited for othercreditors to present their claims,

it may be allowed by the court ifnot disputed by the executor oradministrator and,

if disputed, it may be proved andallowed or disallowed by the courtas the facts may warrant.

If the contingent claim is allowed,

the creditor shall receive paymentto the same extent as the othercreditors if the estate retained bythe executor or administrator issufficient.

But if the claim is not sopresented, after having becomeabsolute, within said two (2)years, and allowed,

the assets retained in the hands ofthe executor or administrator, notexhausted in the payment of claims,shall be disturbed by the order ofthe court to the persons entitledto the same;

but the assets so distributed maystill be applied to the payment ofthe claim when established, and thecreditor may maintain an actionagainst the distributees to recoverthe debt, and such distributees andtheir estates shall be liable forthe debt in proportion to theestate they have respectivelyreceived from the property of thedeceased.

Section 6. Court to fix contributiveshares where devisees, legalitees, or heirshave been possession.

Where devisees, legalitees, orheirs have entered into possessionof portions of the estate beforethe debts and expenses have beensettled and paid, and have become

liable to contribute for thepayment of such debts and expenses,

the court having jurisdiction ofthe estate may, by order for thatpurpose, after hearing, settle theamount of their severalliabilities, and order how much andin what manner each person shallcontribute, and may issue executionas circumstances require.

Section 7. Order of payment if estateinsolvent 

If the assets which can beappropriated for the payment ofdebts are not sufficient for thatpurpose,

….the executor or administratorshall pay the debts against theestate, observing the provisions ofArticles 1059 and 2239 to 2251 ofthe Civil Code.

Section 8. Dividends to be paid inproportion to claims.

If there are no assets sufficientto pay the credits of any onceclass of creditors after paying thecredits entitled to preference overit,…each creditor within such classshall be paid a dividend in proportion tohis claim.

No creditor of any one class shallreceive any payment until those ofthe preceding class are paid.

Section 9. Estate of insolvent non-resident, how disposed of. 

In case administration is taken inthe Philippine of the estate of aperson who was at the time of hisdeath an inhabitant of anothercountry, and who died insolvent,

his estate found in the Philippinesshall,

as far as practicable,

be so disposed of that hiscreditors here and elsewhere mayreceive each an equal share, inproportion to their respectivecredits.

Section 10. When and how claim provedoutside the Philippines against insolventresident's estate paid.

If it appears to the court

a) having jurisdiction thatclaims have been duly provenin another country against theestate of an insolvent who wasat the time of his death aninhabitant of the Philippines,

b) and that the executor oradministrator in thePhilippines had knowledge ofthe presentation of suchclaims in such country and anopportunity to contest theirallowance, ….the court shall receive acertified list of such claims,when perfected in suchcountry, and add the same tothe list of claims provedagainst the deceased person inthe Philippines…

……. so that a justdistribution of the wholeestate may be made equallyamong all its creditorsaccording to their respectiveclaims; but the benefit of this andthe preceding sections shallnot be extended to thecreditors in another countryif the property of suchdeceased person there found isnot equally apportioned to thecreditors residing in thePhilippines and the othercreditor, according to theirrespective claims.

Section 11. Order for payment of debts.

BEFORE the expiration of the timelimited for the payment of thedebts,

….the court shall

order the payment thereof,

and the distribution of the assetsreceived by the executor oradministrator for that purposeamong the creditors,

…as the circumstances of the estaterequire and in accordance with theprovisions of this rule.

Section 12. Orders relating to paymentof debts where appeal is taken.

If an appeal has been taken from adecision of the court concerning aclaim,

…the court may ;

a) suspend the order for thepayment of the debts or;

b) may order the distributionsamong the creditors whose claimsare definitely allowed, leaving inthe hands of the executor

c) or administrator sufficientassets to pay the claim disputedand appealed.

When a disputed claim is finallysettled the court havingjurisdiction of the estate

… shall order the same to be paidout of the assets retained to thesame extent and in the sameproportion with the claims of othercreditors.

Section 13. When subsequentdistribution of assets ordered.

If the whole of the debts are notpaid on the first distribution, andif the whole assets are notdistributed, or other assetsafterwards come to the hands of theexecutor or administrator, thecourt may from time to time makefurther orders for thedistributions of assets.

Section 14. Creditors to be paid inaccordance with terms of order.

When an order is made for thedistribution of assets among thecreditors, the executor oradministration shall, as soon asthe time of payment arrives, paythe creditors the amounts of their

claims, or the dividend thereon, inaccordance with the terms of suchorder.

Section 15. Time for paying debts andlegacies fixed, or extended afternotice, within what periods.

On granting letters testamentary oradministration the court shall ;

a)allow to the executor oradministrator a time for disposingof the estate and paying the debtsand legacies of the deceased, whichshall not, in the first instance,exceed one (1) year; but the courtmay, on application of the executoror administrator and after hearingon such notice of the time andplace therefor given to all personsinterested as it shall direct,extend the time as thecircumstances of the estate requirenot exceeding six (6) months for a singleextension not so that the whole periodallowed to the original executor oradministrator shall exceed two (2) years.

Section 16. Successor of dead executoror administrator may have time extendedon notice within certain period.

When an executor or administratordies, and a new administrator ofthe same estate is appointed, thecourt may extend the time allowedfor the payment of the debts orlegacies beyond the time allowed tothe original executor oradministrator, not exceeding six(6) months at a time and notexceeding six (6) months beyond thetime which the court might have

allowed to such original executoror administrator; and notice shallbe given of the time and place forhearing such application, asrequired in the last precedingsection.

RULE 89

Sales, Mortgages, andOther Encumbrances ofProperty of Decedent

Section 1. Order of sale of personalty.

Upon the application of theexecutor or administrator, and onwritten notice to the heirs andother persons interested, the courtmay order the whole or a part ofthe personal estate to be sold, ifit appears necessary for thepurpose of paying debts, expensesof administration, or legacies, orfor the preservation of theproperty.

Section 2. When court may authorizesale, mortgage, or other encumbrance ofrealty to pay debts and legacies throughpersonalty not exhausted.

When the personal estate of thedeceased is not sufficient to paythe debts, expenses ofadministration, and legacies, orwhere the sale of such personalestate may injure the business orother interests of those interestedin the estate, and where a testatorhas not otherwise made sufficientprovision for the payment of suchdebts, expenses, and legacies,

the court, on the application ofthe executor or administrator andon written notice of the heirs,devisees, and legatees residing inthe Philippines, may authorize theexecutor or administrator to sell,mortgage, or otherwise encumber somuch as may be necessary of thereal estate, in lieu of personalestate, for the purpose of payingsuch debts, expenses, and legacies,if it clearly appears that suchsale, mortgage, or encumbrancewould be beneficial to the personsinterested; and if a part cannot besold, mortgaged, or otherwiseencumbered without injury to thoseinterested in the remainder, theauthority may be for the sale,mortgage, or other encumbrance ofthe whole of such real estate, orso much thereof as is necessary orbeneficial under the circumstances.

Section 3. Persons interested mayprevent such sale, etc., by givingbond.

No such authority to sell,mortgage, or otherwise encumberreal or personal estate shall begranted if any person interested inthe estate gives a bond, in a sumto be fixed by the court,conditioned to pay the debts,expenses of administration, andlegacies within such time as thecourt directs; and

such bond shall be for thesecurity of the creditors, as wellas of the executor oradministrator, and may be

prosecuted for the benefit ofeither.

Section 4. When court may authorizesale of estate as beneficial to interestedpersons. Disposal of proceeds.

When it appears that the sale ofthe whole or a part of the real orpersonal estate, will be beneficialto the heirs, devisees, legatees,and other interested persons, thecourt may,

upon application of the executor oradministrator and on written noticeto the heirs, devisees, andlegatees who are interested in theestate to be sold, authorize theexecutor or administrator to sellthe whole or a part of said estate,although not necessary to paydebts, legacies, or expenses ofadministration; but such authorityshall

not be granted if inconsistentwith the provisions of a will. Incase of such sale, the proceedsshall be assigned to the personsentitled to the estate in theproper proportions.

Section 5. When court may authorizesale, mortgage, or other encumbrance ofestate to pay debts and legacies in othercountries.

When the sale of personal estate,or the sale, mortgage, or otherencumbrance of real estate is notnecessary to pay the debts,expenses of administration, orlegacies in the Philippines,

but it appears from records andproceedings of a probate court inanother country that the estate ofthe deceased in such other country

…. is not sufficient to pay thedebts, expenses of administration,and legacies there,

the court here may authorize theexecutor or administrator to sellthe personal estate or to sell,mortgage, or otherwise encumber thereal estate for the payment ofdebts or legacies in the othercountry, in same manner as for thepayment of debts or legacies in thePhilippines.

Section 6. When court may authorizesale, mortgage, or other encumbrance ofrealty acquired on execution orforeclosure.

The court may authorize an executoror administrator to sell mortgage,or otherwise encumber real estateacquired by him on execution orforeclosure sale, under the samecircumstances and under the sameregulations as prescribed in thisrule for the sale, mortgage, orother encumbrance of other realestate.

Section 7. Regulation for grantingauthority to sell, mortgage, or otherwiseencumber estate.

The court having jurisdiction ofthe estate of the deceased mayauthorize the executor oradministrator to sell personalestate, or to sell, mortgage, or

otherwise encumber real estate, incases provided by these rules andwhen it appears necessary orbeneficial under the followingregulations.

(a) The executor oradministrator shall file awritten petition setting forththe debts due from thedeceased, the expenses ofadministration, the legacies,the value of the personalestate, the situation of theestate to be sold, mortgaged,or otherwise encumbered, andsuch other facts as show thatthe sale, mortgage, or otherencumbrance is necessary orbeneficial.

(b) The court shall thereuponfix a time and place forhearing such petition, andcause notice stating thenature of the petition, thereasons for the same, and thetime and place of hearing, tobe given personally or by mailto the persons interested, andmay cause such further noticeto be given, by publication orotherwise, as it shall deemproper;

(c) If the court requires it,the executor or administratorshall give an additional bond,in such sum as the courtdirects, conditioned that suchexecutor or administrator willaccount for the proceeds ofthe sale, mortgage, or otherencumbrance;

(d) If the requirements in thepreceding subdivisions of thissection have been compliedwith, the court, by orderstating such compliance, mayauthorize the executor oradministrator to sell,mortgage, or otherwiseencumber, in proper cases,such part of the estate as isdeemed necessary, and in caseof sale the court mayauthorize it to be public orprivate, as would be mostbeneficial to all partiesconcerned. The executor oradministrator shall befurnished with a certifiedcopy of such order;

(e) If the estate is to besold at auction, the mode ofgiving notice of the time andplace of the sale shall begoverned by the provisionsconcerning notice of executionsale;

(f) There shall be recorded inthe registry of deeds of theprovince in which the realestate thus sold, mortgage, orotherwise encumbered issituated, a certified copy ofthe order of the court,together with the deed of theexecutor or administrator forsuch real estate, which shallbe as valid as if the deed hadbeen executed by the deceasedin his lifetime.

Section 8. When court may authorizeconveyance of realty which deceasedcontracted to convey. Notice. Effect ofdeed.

Where the deceased was in hislifetime under contract, binding inlaw, to deed real property, or aninterest therein, ..

the court having jurisdiction ofthe estate may, on application forthat purpose,

authorize the executor oradministrator to convey suchproperty according to suchcontract, or

with such modifications as areagreed upon by the parties andapproved by the court;

and if the contract is to conveyreal property to the executor oradministrator, the clerk of courtshall execute the deed.

The deed executed by such executor,administrator, or clerk of courtshall be as affectual to convey theproperty as if executed by thedeceased in his lifetime;

but no such conveyance shall beauthorized until notice of theapplication for that purpose hasbeen given personally or by mail toall persons interested, and suchfurther notice has been given, bypublication or otherwise, as thecourt deems proper; nor if theassets in the hands of the executor

or administrator will thereby bereduced so as to prevent a creditorfrom receiving his full debt ordiminish his dividend.

Section 9. When court may authorizeconveyance of lands which deceased held intrust.

Where the deceased in his lifetime;

………held real property in trust foranother person, the court may

a)after notice given as required inthe last preceding section,authorize the executor oradministrator to deed such propertyto the person, or his executor oradministrator, for whose use andbenefit it was so held;

b) and the court may order theexecution of such trust, whethercreated by deed or by law.

RULE 90

Distribution and Partitionof the Estate

Section 1. When order for distribution ofreside made.

When the

a)debts, b)

funeral charges, and

c)expenses of administration,

d)the allowance to the widow, and

e)inheritance tax, if any,chargeable to the estate inaccordance with law, have beenpaid, the court, on the applicationof the executor or administrator,or of a person interested in theestate, and after hearing uponnotice,

…shall assign the residue of theestate to the persons entitled tothe same, naming them and theproportions, or parts, to whicheach is entitled, and such personsmay demand and recover theirrespective shares from the executoror administrator, or any otherperson having the same in hispossession.

…If there is a controversy beforethe court as to who are the lawfulheirs of the deceased person or asthe distributive shares to whicheach person is entitled under thelaw, the controversy shall be heardand decided as in ordinary cases.

No distribution shall be alloweduntil the payment of theobligations above mentioned hasbeen made or provided for, UNLESSthe distributees, or any of them,give a bond, in a sum to be fixedby the court, conditioned for thepayment of said obligations withinsuch time as the court directs.

Section 2. Questions as to advancementto be determined.

Questions as to advancement made,or alleged to have been made, bythe deceased to any heir may beheard and determined by the courthaving jurisdiction of the estateproceedings; and the final order ofthe court thereon shall be bindingon the person raising the questionsand on the heir.

Section 3. By whom expenses ofpartition paid.

If at the time of distribution theexecutor or administrator has :

…retained sufficient effects in hishands which may lawfully be appliedfor the expenses of partition ofthe properties distributed, suchexpenses of partition may be paidby such executor or administratorwhen it appears equitable to thecourt and not inconsistent with theintention of the testator;

….otherwise, they shall be paid bythe parties in proportion to theirrespective shares or interest inthe premises, and the apportionmentshall be settled and allowed by thecourt, and,

if any person interested in thepartition does not pay hisproportion or share, the court mayissue an execution in the name ofthe executor or administratoragainst the party not paying thesum assessed.

Section 4. Recording the order ofpartition of estate.

Certified copies of final ordersand judgments of the court relatingto the real estate or the partitionthereof shall be

….recorded in the registry of deedsof the province where the propertyis situated.

RULE 91

EscheatsSection 1. When an by whom petitionfiled.

When a person dies intestate, seized ofreal property in the Philippines,leaving no heir or person by lawentitled to the same, the SolicitorGeneral or his representative inbehalf of the Republic of thePhilippines,

….may file a petition in the Courtof First Instance of the provincewhere the deceased last resided orin which he had estate, if heresided out of the Philippines,setting forth the facts, andpraying that the estate of thedeceased be declared escheated.

Section 2. Order for hearing.

If the petition is sufficientin form and substance, thecourt, by an order reciting thepurpose of the petition, shall fixa date and place for the hearingthereof, which date shall be notmore than six (6) months after the

entry of the order, and shalldirect that a copy of the order bepublished before the hearing atleast once a week for six (6)successive weeks in some newspaperof general circulation published inthe province, as the court shall bedeem best.

Section 3. Hearing and judgment.

Upon satisfactory proof in opencourt on the date fixed in theorder that such order has beenpublished as directed and that

a) the person died intestate,seized of real or personalproperty in the Philippines,leaving no heir or personentitled to the same, and nosufficient cause being shown to thecontrary.,.. the courtshall adjudge that theestate of the estateof the deceased in thePhilippines, after thepayment of just debts andcharges, shall escheat; andshall, pursuant to law, assignthe personal estate to themunicipality or city where helast resided in thePhilippines, and the realestate to the municipalitiesor cities, respectively, in which thesame is situated.

b) If the deceased never residedin the Philippines, thewhole estate may be

assigned to therespective municipalitiesor cities where the sameis located.

c) Shall estate shall be for thebenefit of public schools, andpublic charitable institutionsand centers in saidmunicipalities or cities.

The court, at the instance of aninterested party, or on its ownmotion, may order the establishmentof a permanent trust, so that theonly income from the property shallbe used.

Section 4. When and by whom claim toestate filed.

If a devisee, legatee, heir, widow,widower, or other person entitledto such estate appears and files aclaim thereto with the court

…within five (5) yearsfrom the date of suchjudgment, such person shall havepossession of and title to thesame, or if sold, the municipalityor city shall be accountable to himfor the proceeds after deductingreasonable charges for the care ofthe estate; but a claim not madewithin the said time shall beforever barred.

Section 5. Other actions for escheat.

Until otherwise provided by law,actions reversion or escheat ofproperties alienated in violation

of the Constitution or of anystatute shall be governed by thisrule, except that the action shallbe instituted in the province wherethe land lies in whole or in part.

 

General Guardians andGuardianship

RULE 92

Venue

Section 1. Where to instituteproceedings.

Guardianship of a person or estateof a minor or incompetent may beinstituted in the Court of FirstInstance of the province, or

………in the justice of the peacecourt of the municipality, or inthe municipal court chartered citywhere the minor or incompetentpersons resides, and if he residesin a foreign country, in the Courtof First Instance of the provincewherein his property or the partythereof is situated; provided,however, that where the value ofthe property of such minor orincompetent exceeds thatjurisdiction of the justice of thepeace or municipal court, theproceedings shall be instituted inthe Court of First Instance.

In the City of Manila theproceedings shall be instituted inthe Juvenile and Domestic RelationsCourt.

Section 2. Meaning of word"incompetent." 

Under this rule, the word"incompetent" includes personssuffering the penalty of civilinterdiction or

who are hospitalized lepers,

prodigals,

deaf and dumb

who are unable to read and write,those who are of unsound mind,

even though they havelucid intervals, and personsnot being of

unsound mind, but by reason ofage,

disease, weak

mind, and other similar causes,cannot, without outside aid, takecare of themselves and manage theirproperty, becoming thereby an easyprey for deceit and exploitation.

Section 3. Transfer of venue.

The court taking cognizance of aguardianship proceeding, maytransfer the same to the court ofanother province or municipalitywherein the ward has acquired realproperty, if he has transferredthereto his bona-fide residence, andthe latter court shall have fulljurisdiction to continue the

proceedings, without requiringpayment of additional court fees.

RULE 93

Appointment of Guardians

Section 1. Who may petition forappointment of guardian for resident.

Any relative, friend, or otherperson on behalf of a residentminor or incompetent who has noparent or lawful guardian, or theminor himself if fourteen years of ageor over, may petition the court havingjurisdiction for the appointment of ageneral guardian for the person or estate,or both, of such minor or incompetent.

An officer of the FederalAdministration of the United Statesin the Philippines may also file apetition in favor of a wardthereof, and the Director ofHealth, in favor of an insaneperson who should be hospitalized,or in favor of an isolated leper.

Section 2. Contents of petition.

A petition for the appointment of ageneral guardian must show, so faras known to the petitioner:

(a) The jurisdiction facts;

(b) The minority orincompetency rendering theappointment necessary orconvenient;

(c) The names, ages, andresidence of the relatives ofthe minor or incompetent, andof the person having him intheir care;

(d) The probable value andcharacter of his estate;

(e) The name of the person forwhom letters of guardianship.

The petition shall be verified; butno defect in the petition orverification shall render void theissuance of letters ofguardianship.

Section 3. Court to set time for hearing.Notice thereof. 

When a petition for theappointment of a general guardianis filed, the court shall fix atime and place for hearing thesame, and shall cause reasonablenotice thereof to be given to thepersons mentioned in the petitionresiding in the province, includingthe minor if above 14 years ofage or the incompetenthimself, and may direct other

general or special noticethereof to be given.

Section 4. Opposition to petition.

Any interested person may, byfiling a written opposition,contest the petition on the groundof majority of the alleged minor,competency of the allegedincompetent,

or the insuitability of the personfor whom letters are prayed, and

may pray that the petition bedismissed, or that letters ofguardianship issue to himself, orto any suitable person named in theopposition.

Section 5. Hearing and order for lettersto issue.

At the hearing of the petition thealleged in competent must bepresent if able to attend, and itmust be shown that the requirednotice has been given.

Thereupon the courts shall hear theevidence of the parties in supportof their respective allegations,and, if the person in question is aminor, or incompetent it shall beappoint a suitable guardian of hisperson or estate, or both, with thepowers and duties hereinafterspecified.

Section 6. When and how guardian fornon-resident appointed. Notice.

When a person liable to be putunder guardianship resides without

the Philippines but the estatetherein, any relative or friend ofsuch person, or any one interestedin his estate, in expectancy orotherwise,

… may petition a court havingjurisdiction for the appointment ofa guardian for the estate, and if,after notice given to such personand in such manner as the courtdeems proper, by publication orotherwise, and hearing,

….the court is satisfied that suchnon-resident is a minor orincompetent rendering a guardiannecessary or convenient, it mayappoint a guardian for such estate.

Section 7. Parents as guardians.

When the property of the childunder parental authority is worthtwo thousand pesos or less, thefather of the mother,

……… without the necessity of courtappointment, shall be his legalguardian.

When the property of the child isworth more than two thousand pesos,the father or the mother shall beconsidered guardian of the child'sproperty, with the duties andobligations of guardians under thisrules, and shall file the petitionrequired by section 2 hereof. Forgood reasons the court may,however, appoint another suitableperson.

Section 8. Service of judgment.

Final orders or judgments underthis rule shall be served upon thecivil registrar of the municipalityor city where the minor orincompetent person resides or wherehis property or part thereof issituated.

RULE 94

Bonds of Guardians

Section 1. Bond to be given beforeissuance of letters. Amount. Condition.

Before a guardian appointed entersupon the execution of his trust, orletters of guardianship issue, heshall give a bond, in such sum asthe court directs, conditioned asfollows:

(a) To make and return tothe court, within three(3) months, a true andcomplete inventory of allthe estate, real andpersonal, of his wardwhich shall come to hispossession or knowledgeof any other person forhim;

(b) To faithfully executethe duties of his trust,to manage and dispose ofthe estate according tothese rules for the bestinterests of the ward,and to provide for theproper care, custody, andeducation of the ward;

(c) To render a true andjust account of all theestate of the ward in hishands, and of allproceeds or interestderived therefrom, and ofthe management anddisposition of the same,at the time designated bythese rules and suchother times as the courtsdirects, and at theexpiration of his trustto settle his accountswith the court anddeliver and pay over allthe estate, effects, andmoneys remaining in hishands, or due from him onsuch settlement, to theperson lawfully entitledthereto;

(d) To perform all ordersof the court by him to beperformed.

Section 2. When new bond may berequired and old sureties discharged.

Whenever it is deemed necessary,the court may require a new bond tobe given by the guardian, and maydischarge the sureties on the oldbond from further liability, afterdue notice to interested persons,when no injury can result therefromto those interested in the estate.

Section 3. Bonds to be filed. Actionsthereon.

Every bond given by a guardianshall be filed in the office of the

clerk of the court, and, in case ofthe breach of a condition thereof,may be prosecuted in the sameproceeding or in a separate actionfor the use and benefit of the wardor of any other person legallyinterested in the estate.

RULE 95

Selling and EncumberingProperty of Ward

Section 1. Petition of guardian for leaveto sell or encumber estate.

When the income of the estate underguardianship is insufficient

to maintain the ward and hisfamily, or

to maintain and educate the wardwhen a minor, or

when it appears that it is for thebenefit of the ward that his realestate or some part thereof besold, or mortgaged or otherwiseencumbered,

and the proceeds thereof put outat interest, or invested in someproductive security, or

in the improvement or security or

other real estate of the ward, theguardian may present a verifiedpetition to the court by which hewas appointed setting forth suchfacts, and praying that an order

issue authorizing the sale orencumbrance.

Section 2. Order to show causethereupon.

If it seems probable that suchsale or encumbrance is necessary,or would be beneficial to the ward,..the court shall make an orderdirecting the next of kin of theward, and all persons interested inthe estate, to appear at areasonable time and place thereinspecified to show cause why theprayer of the petition should notbe granted.

Section 3. Hearing on return of order.Costs.

At the time and place designatedin the order to show cause, thecourt shall hear the proofs andallegations of the petitioner andnext of kin, and other personsinterested, together with theirwitnesses, and grant and refuse theprayer of the petition as the bestinterest of the ward require.

The court shall make such order asto cost of the hearing as may bejust.

Section 4. Contents of order for sale orencumbrance, and how long effective.Bond.

If, after full examination, itappears that it is necessary, orwould be beneficial to the ward, tosell or encumber the estate, orsome portion of it,

the court shall order

such sale or encumbrance and

that the proceeds thereof be

expended for the maintenance ofthe ward and his family, or theeducation of the ward, if a minor,or for the putting of the sameinterest, or the investment of thesame as the circumstances mayrequire.

The order shall specify the causeswhy the sale or encumbrance isnecessary or beneficial, and maydirect that estate ordered sold bedisposed of at either public orprivate sale, subject to suchconditions as to the time andmanner of payment, and securitywhere a part of the payment isdeferred as in the discretion ofthe court are deemed mostbeneficial to the ward. Theoriginal bond of the guardian shallstand as security for the properappropriation of the proceeds ofthe sale, but the judge may, ifdeemed expedient, require anadditional bond as a condition forthe granting of the order of sale.No order of sale granted inpursuance of this section shallcontinue in force more than one (1)year after granting the same,without a sale being had.

Section 5. Court may order investment ofproceeds and direct management of estate. —The court may authorize and requirethe guardian to invest the proceedsof sales or encumbrances, and any

other of his ward's money in hishands, in real estate or otherwise,as shall be for the best interestof all concerned, and may make suchother orders for the management,investment, and disposition of theestate and effects, ascircumstances may require.

RULE 96

General Powers and Duties ofGuardians

Section 1. To what guardianship shallextend.

A guardian appointed shall havethe care and custody of the personof his ward, and the management ofhis estate, or the management ofthe estate only, as the case maybe.

The guardian of the estate of anon-resident shall have themanagement of all the estate of theward within the Philippines, and

no court other than that in whichsuch guardian was appointed shallhave jurisdiction over theguardianship.

Section 2. Guardian to pay debts ofward.

Every guardian must pay the ward'sjust debts out of his personalestate and the income of his realestate, if sufficient;

if not,

then out of his real estate uponobtaining an order for the sale orencumbrance thereof.

Section 3. Guardian to settle accounts,collect debts, and appear in actions for ward.

A guardian must settle allaccounts of his ward, and

demand,

sue for, and

receive all debts due him,

or may, with the approval of thecourt, compound for the same andgive discharges to the debtor, onreceiving a fair and just dividendof the estate and effects; and

….. he shall appear for andrepresent his ward in all actionsand special proceedings, unlessanother person be appointed forthat purpose.

Section 4. Estate to be managedfrugally, and proceeds applied tomaintenance of ward.

A guardian must manage the estateof his ward frugally and withoutthe waste, and apply the income andprofits thereof, so far as may benecessary, to the comfortable andsuitable maintenance of the wardand his family, if there be any;and

if such income and profits beinsufficient for that purpose, the

guardian may sell or encumber thereal estate, upon being authorizedby order so to do, and apply tosuch of the proceeds as may benecessary to such maintenance.

Section 5. Guardian may be authorizedto join in partition proceedings afterhearing.

The court may authorized theguardian to join in an assent to a partition of real or personalestate held by the ward jointly orin common with others, but suchauthority shall only be grantedafter hearing, upon such notice torelatives of the ward as the courtmay direct, and a carefulinvestigation as to the necessityand propriety of the proposedaction.

Section 6. Proceedings when the personsuspected of embezzling or concealingproperty of ward.

Upon complaint of the guardian orward, or of any person havingactual or prospective interest inthe estate of the ward as creditor,heir, or otherwise,

… that anyone is suspected ofhaving embezzled, concealed, orconveyed away any money, goods, orinterest, or a written instrument,belonging to the ward or hisestate, the court may cite thesuspected person to appear forexamination touching such money,goods, interest, or instrument, andmake such orders as will secure the

estate against such embezzlement,concealment or conveyance.

Section 7. Inventories and accounts ofguardians, and appraisement of estates.

A guardian must render to thecourt an inventory of the estate ofhis ward within three (3) monthsafter his appointment

, and annually after suchappointment an inventory andaccount, the rendition of any ofwhich may be compelled upon theapplication of an interestedperson. Such inventories andaccounts shall be sworn to by theguardian.

All the estate of the warddescribed in the first inventoryshall be appraised. I

n the appraisement the court mayrequest the assistance of one ormore of the inheritance taxappraisers.

And whenever any property of theward not included in an inventoryalready rendered is discovered, orsuceeded to, or acquired by theward, like proceedings shall be hadfor securing an inventory andappraisement thereof within three(3) months after such discovery,succession, or acquisition.

Section 8. When guardian's accountspresented for settlement. Expenses andcompensation allowed.

Upon the expiration of a yearfrom the time of his appointment,and

as often thereafter as may berequired, a guardian must presenthis account to the court forsettlement and allowance.

In the settlement of the account,the guardian, other than a parent,shall be allowed the amount of hisreasonable expenses incurred in theexecution of his trust and alsosuch compensation for his servicesas the court deems just, notexceeding fifteen per centum of thenet income of the ward.

RULE 97

Termination of Guardianship

Section 1. Petition that competency ofward be adjudged, and proceedingsthereupon.

A person who has been declaredincompetent for any reason, or hisguardian, relative, or friend,

… may petition the court to havehis present competency judiciallydetermined.

The petition shall be verified byoath, and shall state that suchperson is then competent.

Upon receiving the petition, thecourt shall fix a time for hearingthe questions raised thereby, andcause reasonable notice thereof tobe given to the guardian of theperson so declared incompetent, andto the ward.

On the trial, the guardian orrelatives of the ward, and, in thediscretion of the court, any otherperson, may contest the right tothe relief demanded, and witnessesmay be called and examined by theparties or by the court on its ownmotion.

If it be found that the person isno longer incompetent, hiscompetency shall be adjudged andthe guardianship shall cease.

Section 2. When the guardian removedor allowed to resign. New appointment.

When a guardian becomes insane orotherwise incapable of discharginghis trust or unsuitable therefor,or has wasted or mismanaged theestate, or failed for thirty (30)days after it is due to render anaccount or make a return, the courtmay, upon reasonable notice to the

guardian, remove him, and compelhim to surrender the estate of theward to the person found to belawfully entitled thereto. Aguardian may resign when it appearsproper to allow the same; and uponhis resignation or removal thecourt may appoint another in hisplace.

Section 3. Other termination ofguardianship.

The marriage or voluntaryemancipation of a minor ward

terminates the guardianship of theperson of the ward, and

shall enable the minor toadminister his property as thoughhe were of age,

but he cannot borrow the money oralienate or encumber real propertywithout the consent of his fatheror mother, or guardian.

He can sue and be sued in courtonly with the assistance of hisfather, mother or guardian.

The guardian of any person may bedischarged by the court when itappears, upon the application ofthe ward or otherwise, that theguardianship is no longernecessary.

Section 4. Record to be kept by thejustice of the peace or municipal judge.

When a justice of the peace ormunicipal court takes cognizance ofthe proceedings in pursuance of the

provisions of these rules, therecord of the proceedings shall bekept as in the Court of FirstInstance.

Section 5. Service of judgment.

Final orders of judgments underthis rule shall be served upon thecivil registrar of the municipalityor city where the minor orincompetent person resides or wherehis property or part thereof issituated.

RULE 98

Trustees

Section 1. Where trustee appointed.

A trustee necessary to carry intoeffect the provisions of a will onwritten instrument shall beappointed by the Court of FirstInstance in which the will wasallowed,

if it be a will allowed in thePhilippines, otherwise by the Courtof First Instance of the provincein which the property, or some

portion thereof, affected by thetrust is situated.

Section 2. Appointment and powers oftrustees under will. Executor of formertrustee need not administer trust.

If a testator has omitted in hiswill to appoint a trustee in thePhilippines, and if suchappointment is necessary to carryinto effect the provisions of thewill,

the proper Court of First Instancemay,

after notice to all personsinterested,

appoint a trustee who shall havethe same rights, powers, andduties, and in whom the estateshall vest, as if he had beenappointed by the testator.

No person succeeding to a trust asexecutor or administrator of aformer trustee shall be required toaccept such trust.

Section 3. Appointment and powers ofnew trustee under written instrument.

When a trustee under a writteninstrument declines,

resigns, dies or

removed before t

he objects of the trust areaccomplished, and no adequateprovision is made in suchinstrument for supplying the

vacancy, the proper Court of FirstInstance may, after due notice toall persons interested, appoint anew trustee to act alone or jointlywith the others, as the case maybe.

Such new trustee shall have andexercise the same powers, right,and duties as if he had beenoriginally appointed, and the trustestate shall vest in him in likemanner as it had vested or wouldhave vested, in the trustee inwhose place he is substituted andthe court may order such conveyanceto be made by the former trustee orhis representatives, or by theother remaining trustees, as may benecessary or proper to vest thetrust estate in the new trustee,either or jointly with the others.

Section 4. Proceedings where trusteeappointed abroad.

When land in the Philippines isheld in trust for persons residenthere by a trustee who derives hisauthority from without thePhilippines,

such trustee shall,

on petition filed in the Court ofFirst Instance of the provincewhere the land is situated, andafter due notice to all personsinterested,

be ordered to apply to the courtfor appointment as trustee; andupon his neglect or refusal tocomply with such order, the court

shall declare such trust vacant,and

shall appoint a new trustee inwhom the trust estate shall vest inlike manner as if he had beenoriginally appointed by such court.

Section 5. Trustee must file bond.

Before entering on the duties ofhis trust,

a trustee shall file with the clerkof the court having jurisdiction ofthe trust a bond in the amountfixed by the judge of said court,payable to the Government of thePhilippines and

sufficient and available for theprotection of any party ininterest, and a

trustee who neglects to file suchbond shall be considered to havedeclined or resigned the trust; butthe court may until further orderexempt a trustee under a will fromgiving a bond when the testator hasdirected or requested suchexemption and may so exempt anytrustee when all personsbeneficially interested in thetrust, being of full age, requestthe exemption.

Such exemption may be cancelled bythe court at any time and thetrustee required to forthwith filea bond.

Section 6. Conditions included in bond.

The following conditions shall bedeemed to be part of the bondwhether written therein or not;

(a) That the trustee willmake and return to thecourt, at such time as itmay order, a trueinventory of all the realand personal estatebelonging to him astrustee, which at thetime of the making ofsuch inventory shall havecome to his possession orknowledge;

(b) That he will manageand dispose of all suchestate, and faithfullydischarge his trust inrelation thereto,according to law and thewill of the testator orthe provisions of theinstrument or order underwhich he is appointed;

(c) That he will renderupon oath at least once ayear until his trust isfulfilled, unless he isexcused therefrom in anyyear by the court, a trueaccount of the propertyin his hands and themanagement anddisposition thereof, andwill render such otheraccounts as the court mayorder;

(d) That at theexpiration of his trust

he will settle hisaccount in court and payover and deliver all theestate remaining in hishands, or due from him onsuch settlement, to theperson or personsentitled to thereto.

But when the trustee is appointedas a successor to a prior trustee,the court may dispense with themaking and return of an inventory,if one has already been filed, andin such case the condition of thebond shall be deemed to be alteredaccordingly.

Section 7. Appraisal. Compensation oftrustee.

When an inventory is required tobe returned by a trustee,

……….the estate and effectsbelonging to the trust shall beappraised and the court may orderone or more inheritance taxappraisers to assist in theappraisement.

The compensation of the trusteeshall be fixed by the court, if itbe not determined in the instrumentcreating the trust.

Section 8. Removal or resignation oftrustee.

The proper Court of First Instancemay, upon petition of the parties

beneficially interested and afterdue notice to the trustee andhearing,

remove a trustee if

such removal appears essential inthe interest of the petitioner.

The court may also, after duenotice to all persons interested,remove a trustee who is insane orotherwise incapable of discharginghis trust or evidently unsuitabletherefor.

A trustee, whether appointed by thecourt or under a writteninstrument, may resign his trust ifit appears to the court proper toallow such resignation.

Section 9. Proceedings for sale orencumbrance of trust estate.

When the sale or encumbrance ofany real or personal estate held intrust is necessary or expedient,

the court having jurisdiction ofthe trust may, on petition andafter due notice and hearing, ordersuch sale or encumbrance to bemade, and the re-investment andapplication of the proceeds thereofin such manner as will best effectthe objects of the trust.

The petition, notice, hearing,order of sale or encumbrance, andrecord of proceedings, shallconform as nearly as may be to theprovisions concerning the sale orencumbrance by guardians of theproperty of minors or other wards.

RULE 99

Adoption and Custody of Minors

New Rule on Adoption, effectiveAugust 22, 2002

Section 1. Venue.

A person desiring to adopt anotheror have the custody of a minorshall present his petition to theCourt of First Instance of theprovince, or the municipal or

justice of the peace court of thecity or municipality in which heresides.

In the City of Manila, theproceedings shall be instituted inthe Juvenile and Domestic RelationsCourt.

Section 2. Contents of petition.

The petition for adoption shallcontain the same allegationsrequired in a petition forguardianship, to wit:

(a) The jurisdictionalfacts;

(b) The qualification ofthe adopter;

(c) That the adopter isnot disqualified by law;

(d) The name, age, andresidence of the personto be adopted and of hisrelatives of the personswho have him under theircare;

(e) The probable valueand character of theestate of the person tobe adopted.

Section 3. Consent of adoption.

There shall be filed with thepetition a written consent to theadoption signed by the child, if

fourteen years of age or over andnot incompetent,

and by the child's spouse, if any,and by each of its known livingparents who is not insane orhopelessly intemperate or has notabandoned such child, or

if there is no such parents by thegeneral guardian or guardian adlitem of the child, or

if the child is in the custody ofan orphan asylum, children's home,or

benevolent society or person, bythe proper officer of such asylum,home, or

society, or by such person; but ifthe child is illegitimate and hasnot been recognized, the consent ofits father to the adoption shallnot be required.

If the person to be adopted is ofage, only his or her consent andthat of the spouse, if any, shallbe required.

Section 4. Order for hearing.

If the petition and consent filedare sufficient in form andsubstance,

the court,

by an order reciting the purpose ofthe petition, shall fix a date andplace for the hearing thereof,which shall not be more than six

(6) months after the entry of theorder,

and shall direct that a copy of theorder be published before thehearing at least once a week forthree (3) successive weeks in somenewspaper of general circulationpublished in the province, as thecourt shall deem best.

Section 5. Hearing and judgment.

Upon satisfactory proof in opencourt on the date fixed in theorder that such order has beenpublished as directed,

that the allegations of petitionare true, and

that it is a proper case foradoption and the petitioner orpetitioners are

able to bring up and educate thechild properly, the court shalladjudge that thenceforth the childis free from all legal obligationsof obedience and maintenance withrespect to its natural parents,except the mother when the child isadopted by her husband, and is, toall legal intents and purposes, thechild of the petitioner orpetitioners, and that its surnameis changed to that the petitioneror petitioners.

The adopted person or child shallthereupon become the legal heir of

his parents by adoption and shallalso remain the legal heir of hisnatural parents. In case of thedeath of the adopted person orchild, his parents and relatives bynature, and not by adoption, shallbe his legal heirs.

Section 6. Proceedings as to the child whoseparents are separated. Appeal.

When husband and wife are divorceor living separately and apart fromeach other, and the question as tothe care, custody, and control of achild or children of their marriageis brought before a Court of FirstInstance by petition or as anincident to any other proceeding,

the court, upon hearing thetestimony as may be pertinent,shall award the care, custody, andcontrol of each such child as willbe for its best interest,permitting the child to choosewhich parent it prefers to livewith if it be over ten years ofage,

unless

the parent so chosen be unfit totake charge of the child by thereason of moral depravity, habitualdrunkenness, incapacity, orpoverty.

If, upon such hearing,

it appears that both parents areimproper persons to have the care,custody, and control of the child,the court may either designate thepaternal or maternal grandparent of

the child, or his oldest brother orsister, or some reputable anddiscreet person to take charge ofsuch child, or commit it to anysuitable asylum, children's home,or benevolent society.

The court may in conformity withthe provisions of the Civil Codeorder either or both parents tosupport or help support said child,irrespective of who may be itscustodian, and may make any orderthat is just and reasonablepermitting the parent who isdeprived of its care and custody tovisit the child or have temporarycustody thereof.

Either parent may appeal from anorder made in accordance with theprovisions of this section.

No child under seven years of ageshall be separated from its mother,unless the court finds there arecompelling reasons thereof.

Section 7. Proceedings as to vagrant orabused child.

When the parents of any minor childare dead, or by reason of longabsence or legal or physicaldisability have abandoned it,

or cannot support it throughvagrancy, negligence, ormisconduct, or neglect or refuse tosupport it, or treat it withexcessive harshness or give itcorrupting orders, counsels, orexamples,

or cause or allow it to engage inbegging, or to commit offensesagainst the law,

the proper Court of First Instance,upon petition filed by somereputable resident of the provincesetting forth the facts,

may issue an order requiring suchparents to show cause, or, if theparents are dead or cannot befound, requiring the fiscal of theprovince to show cause, at a timeand place fixed in the order, whythe child should not be taken fromits parents, if living;

and if upon the hearing it appearsthat the allegations of thepetition are true, and that it isorder taking it from its parents,if living; and committing it to anysuitable orphan asylum, children'shome, or benevolent society orperson to be ultimately placed, byadoption or otherwise, in a homefound for it by such asylum,children's home, society, orperson.

Section 8. Service of judgment.

Final orders or judgments underthis rule shall be served by theclerk upon the civil registrar ofthe city or municipality whereinthe court issuing the same issituated.

RULE 100

Rescission and Revocation ofAdoption

Section 1. Who may file petition;grounds.

A minor or other incapacitatedperson may, through a guardian orguardian ad litem, petition for therescission or revocation of his orher adoption for the same causesthat authorize the deprivation ofparental authority.

The adopter may, likewise, petitionthe court for the rescission ofrevocation of the adoption in anyof these cases:

(a) If the adopted personhas attempted against thefile of the adopter;

(b) When the adoptedminor has abandoned thehome of the adopter formore than three (3)years;

(c) When by other actsthe adopted person hasrepudiated the adoption.

Section 2. Order to answer.

The court in which the petition isfiled shall

issue an order requiring theadverse party to answer thepetition within fifteen (15) daysfrom receipt of a copy thereof.

The order and a copy of thepetition shall be served on the

adverse party in such manner as thecourt may direct

Section 3. Judgment.

If upon trial, on the day settherefor, the court finds that theallegations of the petition aretrue, it shall render judgmentordering the rescission orrevocation of the adoption, with orwithout costs, as justice requires.

Section 4. Service of Judgment.

A certified copy of the judgmentrendered in accordance with thenext preceding section shall beserved upon the civil registrarconcerned, within thirty (30) daysfrom rendition thereof, who shallforthwith enter the action taken bythe court in the register.

Section 5. Time within which to filepetition.

A minor or other incapacitatedperson must file the petition forrescission or revocation ofadoption within the five (5) yearsfollowing his majority, or if hewas incompetent at the time of theadoption, within the five (5) yearsfollowing the recovery from suchincompetency.

The adopter must also file thepetition to set aside the adoptionwithin five (5) years from the timethe cause or causes giving rise tothe rescission or revocation of thesame took place.

RULE 101

Proceedings forHospitalization of Insane

Persons

Section 1. Venue, Petition forcommitment.

A petition for the commitment of aperson to a hospital or other placefor the insane may be filed withthe Court of First Instance of theprovince where the person allegedto be insane is found.

The petition shall be filed by theDirector of Health in all caseswhere, in his opinion, suchcommitment is for the publicwelfare, or for the welfare of saidperson who, in his judgment, isinsane and such person or the onehaving charge of him is opposed tohis being taken to a hospital orother place for the insane.

Section 2. Order for hearing.

If the petition filed issufficient in form and substance,

the court, by an order reciting thepurpose of the petition, shall fixa date for the hearing thereof, andcopy of such order shall be servedon the person alleged to be insane,and to the one having charge him,or on such of his relativesresiding in the province or city asthe judge may deem proper. Thecourt shall furthermore order thesheriff to produce the allegedinsane person, if possible, on thedate of the hearing.

Section 3. Hearing and judgment.

Upon satisfactory proof, in opencourt on the date fixed in theorder,

that the commitment applied for isfor the public welfare or for thewelfare of the insane person, andthat his relatives are unable forany reason to take proper custodyand care of him,

the court shall order hiscommitment to such hospital orother place for the insane as maybe recommended by the Director ofHealth.

The court shall make properprovisions for the custody ofproperty or money belonging to theinsane until a guardian be properlyappointed.

Section 4. Discharge of insane.

When, in the opinion of theDirector of Health, the personordered to be committed to ahospital or other place for the

insane is temporarily orpermanently cured, or may bereleased without danger he may filethe proper petition with the Courtof First Instance which ordered thecommitment.

Section 5. Assistance of fiscal in theproceeding.

It shall be the duty of theprovincial fiscal or in the City ofManila the fiscal of the city, toprepare the petition for theDirector of Health and representhim in court in all proceedingsarising under the provisions ofthis rule.

RULE 102

Habeas Corpus

Section 1. To what habeas corpusextends. —

Except as otherwise expresslyprovided by law, the writ of habeascorpus shall extend to all cases ofillegal confinement or detention bywhich any person is deprived of hisliberty, or by which the rightfulcustody of any person is withheldfrom the person entitled thereto.

Section 2. Who may grant the writ.

The writ of habeas corpus may begranted by the Supreme Court, or

any member thereof in theinstances authorized by law, and ifso granted it shall be enforceable

anywhere in the Philippines, andmay be made returnable before thecourt or any member thereof, orbefore a Court of First Instance,or any judge thereof for thehearing and decision on the merits.

It may also be granted by a Courtof First Instance, or a judgethereof, on any day and at anytime, and returnable beforehimself, enforceable only withinhis judicial district.

Section 3. Requisites of applicationtherefor.

Application for the writ shall beby petition signed and verifiedeither by the party for whoserelief it is intended, or by someperson on his behalf, and shall setforth:

(a) That the person in whosebehalf the application is madeis imprisoned or restrained onhis liberty;

(b) The officer or name of theperson by whom he is soimprisoned or restrained; or,if both are unknown oruncertain, such officer orperson may be described by anassumed appellation, and theperson who is served with thewrit shall be deemed theperson intended;

(c) The place where he is soimprisoned or restrained, ifknown;

(d) A copy of the commitmentor cause of detention of suchperson, if it can be procuredwithout impairing theefficiency of the remedy; or,if the imprisonment orrestraint is without any legalauthority, such fact shallappear.

Section 4. When writ not allowed ordischarge authorized.

If it appears that the person

alleged to be restrained of hisliberty is in the custody of anofficer under process issued by acourt or judge or by virtue of ajudgment or order of a court ofrecord,

and that the court or judge hadjurisdiction to issue the process,render the judgment, or

make the order, the writ shall notbe allowed;

or if the jurisdiction appearsafter the writ is allowed,

the person shall not be dischargedby reason of any informality ordefect in the process, judgment, ororder.

Not shall anything in this rule beheld to authorize the discharge ofa person charged with or convictedof an offense in the Philippines,or of a person sufferingimprisonment under lawful judgment.

Section 5. When the writ must begranted and issued.

A court or judge authorized togrant the writ must, when apetition therefor is presented andit appears that the writ ought toissue, grant the same forthwith,and immediately thereupon the clerkof the court shall issue the writunder the seal of the court; or incase of emergency, the judge mayissue the writ under his own hand,and may depute any officer orperson to serve it.

Section 6. To whom writ directed, andwhat to require.

In case of imprisonment orrestraint by an officer, the writshall

be directed to him, and

shall command him to have the bodyof the person restrained of hisliberty before the court or judgedesignated in the writ at the timeand place therein specified.

In case of imprisonment orrestraint by a person not anofficer, the writ shall be directedto an officer, and shall commandhim to take and have the body ofthe person restrained of hisliberty before the court or judgedesignated in the writ at the timeand place therein specified, and tosummon the person by whom he isrestrained then and there to appearbefore said court or judge to show

the cause of the imprisonment orrestraint.

Section 7. How prisoner designated andwrit served.

The person to be produced shouldbe designated in the writ by hisname, if known,

but if his name is not known

he may be otherwise described oridentified.

The writ may be served in anyprovince by the sheriff or otherproper officer, or by a persondeputed by the court or judge.

Service of the writ shall be madeby leaving the original with theperson to whom it is directed andpreserving a copy on which to makereturn or service.

If that person cannot be found, orhas not the prisoner in hiscustody, then the service shall bemade on any other person having orexercising such custody.

Section 8. How writ executed andreturned.

The officer to whom the writ isdirected

shall convey the person soimprisoned or restrained, and

named in the writ,

before the judge allowing the writ,or

in case of his absence ordisability,

before some other judge of the samecourt, on the day specified in thewrit, unless, from sickness orinfirmity of the person directed tobe produced, such person cannot,without danger, be bought beforethe court or judge; and the officershall make due return of the writ,together with the day and the causeof the caption and restraint ofsuch person according to thecommand thereof.

Section 9. Defect of form.

No writ of habeas corpus can bedisobeyed for defect of form, if itsufficiently appears therefrom inwhose custody or under whoserestraint the party imprisoned orrestrained is held and the court orjudge before whom he is to bebought.

Section 10. Contents of return.

When the person to be produced isimprisoned or restrained by anofficer,

the person who makes the returnshall state therein, and in othercases the person in whose custodythe prisoner is found shall state,in writing to the court or judgebefore whom the writ is returnable,plainly and unequivocably:

(a) Whether he has or has notthe party in his custody orpower, or under restraint;

(b) If he has the party in hiscustody or power, or underrestraint, the authority andthe true and whole causethereof, set forth at large,with a copy of the writ, orderexecution, or other process,if any, upon which the partyis held;

(c) If the party is in hiscustody or power or isrestrained by him, and is notproduced, particularly thenature and gravity of thesickness or infirmity of suchparty by reason of which hecannot, without danger, bebought before the court orjudge;

(d) If he has had the party inhis custody or power, or underrestraint, and has transferredsuch custody or restraint toanother, particularly to whom,at what time, for what cause,and by what authority suchtransfer was made.

Section 11. Return to be signed andsworn to.

The return or statement shall besigned by the person who makes it;and shall also be sworn by him ifthe prisoner is not produced, andin all other cases unless thereturn is made and signed by a

sworn public officer in hisofficial capacity.

Section 12. Hearing onreturn. Adjournments.

When the writ is returned beforeone judge, at a time when the courtis in session, he may forthwithadjourn the case into the court,there to be heard and determined.

The court or judge before whom thewrit is returned or adjourned mustimmediately proceed to hear andexamine the return, and such othermatters as are properly submittedfor consideration, unless for goodcause shown the hearing isadjourned, in which event the courtor judge shall make such order forthe safekeeping of the personimprisoned or restrained as thenature of the case requires.

If the person imprisoned orrestrained is not produced becauseof his alleged sickness orinfirmity, the court or judge mustbe satisfied that it is so gravethat such person cannot be producedwithout danger, before proceedingto hear and dispose of the matter.

On the hearing the court or judgeshall disregard matters of form andtechnicalities in respect to anywarrant or order of commitment of acourt or officer authorized tocommit by law.

Section 13. When the return evidence,and when only a plea.

If it appears that the prisoner isin custody under a warrant ofcommitment in pursuance of law, thereturn shall be

considered prima facie evidence of thecause of restraint,

but if he is restrained of hisliberty by any alleged privateauthority, the return shall beconsidered only as a plea of thefacts therein set forth, and theparty claiming the custody mustprove such facts.

Section 14. When person lawfullyimprisoned recommitted, and when let tobail. 

If it appears that the prisonerwas lawfully committed, and isplainly and specifically charged inthe warrant of commitment with anoffense punishable by death,

he shall not be released,

discharged, or bailed.

If he is lawfully imprisoned orrestrained on a charge of havingcommitted an offense not sopunishable, he may be recommittedto imprisonment or admitted to bailin the discretion of the court orjudge.

If he be admitted to bail

… he shall forthwith file a bond insuch sum as the court or judgedeems reasonable, considering thecircumstances of the prisoner andthe nature of the offense charged,

conditioned for his appearancebefore the court where the offenseis properly cognizable to abide itsorder of judgment; and the court orjudge shall certify theproceedings, together with thebond, forthwith to the propercourt. If such bond is not sofiled, the prisoner shall berecommitted to confinement.

Section 15. When prisoner discharged ifno appeal.

When the court or judge hasexamined into the cause of captionand restraint of the prisoner,

and is satisfied that he isunlawfully imprisoned orrestrained, he shall forthwithorder his discharge fromconfinement,

but such discharge shall not beeffective until a copy of the orderhas been served on the officer orperson detaining the prisoner.

If the officer or person detainingthe prisoner does not desire toappeal, the prisoner shall beforthwith released.

Section 16. Penalty for refusing to issuewrit, or for disobeying the same.

A clerk of a court who refuses toissue the writ after allowancethereof and demand therefor, or aperson to whom a writ is directed,who neglects or refuses to obey ormake return of the same accordingto the command thereof, or makesfalse return thereof, or who, upon

demand made by or on behalf of theprisoner, refuses to deliver to theperson demanding, within six (6)hours after the demand therefor, atrue copy of the warrant or orderof commitment, shall forfeit to theparty aggrieved the sum of onethousand pesos, to be recorded in aproper action, and may also bepunished by the court or judge asfor contempt.

Section 17. Person discharged not to beagain imprisoned.

A person who is set at libertyupon a writ of habeas corpus shall

not be again imprisoned for thesame offense unless by the lawfulorder or process of a court havingjurisdiction of the cause oroffense;

and a person who knowingly,contrary to the provisions of thisrule, recommits or imprisons, orcauses to be committed orimprisoned, for the same offense,or pretended offense,

any person so set at liberty, orknowingly aids or assists therein,shall forfeit to the partyaggrieved the sum of one thousandpesos, to be recovered in a properaction, notwithstanding anycolorable pretense or variation inthe warrant of commitment, and mayalso be punished by the court orjudge granting the writ as forcontempt.

Section 18. When prisoner may beremoved from one custody to another.

A person committed to prison, orin custody of an officer, for anycriminal matter,

shall not be removed therefrom intothe custody of another unless bylegal process, or

the prisoner be delivered to aninferior officer to carry to jail,or, by order of the proper court orjudge, be removed from one place toanother within the Philippines fortrial, or in case of fire epidemic,insurrection, or other necessity orpublic calamity; and

a person who, after suchcommitment,

makes signs, or counter-signs anyorder for such removal contrary tothis section,

shall forfeit to the partyaggrieved the sum of one thousandpesos, to be recovered in a properaction.

Section 19. Record of writ, fees andcosts.

The proceedings upon a writof habeas corpus shall be

recorded by the clerk of thecourt,

and upon the final disposition ofsuch proceedings the court or judgeshall make such order as to costsas the case requires.

The fees of officers and witnessesshall be included in the coststaxed, but no officer or personshall have the right to demandpayment in advance of any fees towhich he is entitled by virtue ofthe proceedings.

When a person confined under colorof proceedings in a criminal caseis discharged, the costs shall betaxed against the Republic of thePhilippines, and paid out of itsTreasury;

when a person in custody by virtueor under color of proceedings in acivil case is discharged, the costsshall be taxed against him, oragainst the person who signed theapplication for the writ, or both,as the court shall direct.

RULE 103

Change of Name

Section 1. Venue.

A person desiring to change hisname shall present the petition tothe Court of First Instance of theprovince in which he resides, or,in the City of Manila, to theJuvenile and Domestic RelationsCourt.

Section 2. Contents of petition.

A petition for change of nameshall be signed and verified by theperson desiring his name changed,

or some other person on his behalf,and shall set forth:

(a) That the petitioner hasbeen a bona fide resident ofthe province where thepetition is filed for at leastthree (3) years prior to thedate of such filing;

(b) The cause for which thechange of the petitioner'sname is sought;

(c) The name asked for.

Section 3. Order for hearing.

If the petition filed issufficient in form and substance,the court,

by an order reciting the purpose ofthe petition, shall fix a date andplace for the hearing thereof, andshall direct that a copy of theorder be published before thehearing at least once a week forthree (3) successive weeks in somenewspaper of general circulationpublished in the province, as thecourt shall deem best.

The date set for the hearing shallnot be within thirty (30) daysprior to an election nor withinfour (4) month after the lastpublication of the notice.

Section 4. Hearing.

Any interested person may appearat the hearing and oppose thepetition. The Solicitor General orthe proper provincial or city

fiscal shall appear on behalf ofthe Government of the Republic.

Section 5. Judgment.

Upon satisfactory proof in opencourt on the date fixed in theorder that such order has beenpublished as directed and that theallegations of the petition aretrue, t

he court shall, if proper andreasonable cause appears forchanging the name of thepetitioner, adjudge that such namebe changed in accordance with theprayer of the petition.

Section 6. Service of judgment.

Judgments or orders rendered inconnection with this rule shall befurnished the civil registrar ofthe municipality or city where thecourt issuing the same is situated,who shall forthwith enter the samein the civil register.

RULE 104

Voluntary Dissolution ofCorporations

Section 1. Where, by whom and on whatshowing application made.

A petition for dissolution of acorporation

shall be filed in the Court ofFirst Instance of the province

where the principal office of acorporation is situated.

The petition shall be signed by amajority of its board of directorsor other officers having themanagement of its affairs,

verified ..

by its president or secretary orone of its directors, and

shall set forth all claims anddemands against it, and that itsdissolution was resolved upon by amajority of the members, or, if astock corporation, by theaffirmative vote of thestockholders holding andrepresenting two-thirds of allshares of stock issued orsubscribed, at a meeting of itsmembers or stockholders called forthat purpose.

Section 2. Order thereupon for filingobjections.

If the petition is sufficient inform and substance, the

court by an order reciting thepurpose of the petition, shall fixa date on or before whichobjections thereto may be filed byany person, which date shall not beless that thirty (30) nor more thansixty (60) days after the entry ofthe order.

Before such date a copy of theorder shall be published at leastonce a week for four (4) successiveweeks in some newspaper of general

circulation published in themunicipality or city where theprincipal office of the corporationis situated, or,

if there be no such newspaper, thenin some newspaper of generalcirculation in the Philippines, anda similar copy shall be posted forfour (4) weeks in three publicplaces in such municipality orcity.

Section 3. Hearing, dissolution, anddisposition of assets. Receiver.

Upon five (5) days notice givenafter the date on which the rightto file objections as fixed in theorder expired, the court

shall proceed to hear the petitionand try any issue made byobjections filed;

and if no such objection issufficient, and the materialallegations of the petition aretrue, it shall render judgmentdissolving the corporation anddirecting such disposition of itsassets as justice requires, and mayappoint a receiver to collect suchassets and pay the debts of thecorporation.

Section 4. What shall constitute record.

The petition, orders, proof ofpublication and posting, objectionsfiled, declaration of dissolution,and any evidence taken, shallconstitute the record in the case.

RULE 105

Judicial Approval of VoluntaryRecognition of Minor Natural

Children

Section 1. Venue.

 Where judicial approval of avoluntary recognition of a minornatural child is required,

such child or his parents shallobtain the same by filing apetition to that effect with theCourt of First Instance of theprovince in which the childresides. In the City of Manila, thepetition shall be filed in theJuvenile and Domestic RelationsCourt.

Section 2. Contents of petition.

 The petition for judicial approvalof a voluntary recognition of aminor natural child shall containthe following allegations:

(a) The jurisdictional facts;

(b) The names and residencesof the parents whoacknowledged the child, or ofeither of them, and theircompulsory heirs, and theperson or persons with whomthe child lives;

(c) The fact that therecognition made by the parentor parents took place in astatement before a court ofrecord or in an authenticwriting, copy of the statementor writing being attached tothe petition.

Section 3. Order for hearing.

Upon the filing of the petition,the court,

by an order reciting the purpose ofthe same, shall fix the date andplace for the hearing thereof,which date shall not be more thansix (6) months after the entry ofthe order,

and shall, moreover, cause a copyof the order to be servedpersonally or by mail upon theinterested parties, and

published once a week for three(3) consecutive weeks, in anewspaper or newspaper of generalcirculation in the province.

Section 4. Opposition.

Any interested party must, withinfifteen (15) days from the service,or from the last date of

publication, of the order referredto in the next preceding section,

file his opposition to thepetition, stating the grounds orreasons therefor.

Section 5. Judgment.

If, from the evidence presentedduring the hearing, the court issatisfied that the recognition ofthe minor natural child waswillingly and voluntarily made byhe parent or parents concerned, andthat the recognition is for thebest interest of the child, itshall render judgment grantingjudicial approval of suchrecognition.

Section 6. Service of judgment upon civilregistrar.

A copy of the judgment rendered inaccordance with the precedingsection shall be served upon thecivil registrar whose duty it shallbe to enter the same in theregister.

RULE 106

Constitution of Family Home

Section 1. Who may constitute.

The head of a family owning a houseand the land on which it issituated may constitute the sameinto a family home

by filing a verified petition tothat effect with the Court of FirstInstance of the province or citywhere the property is located.

In the City of Manila, thepetition shall be filed in theJuvenile and Domestic RelationsCourt.

When there is danger that a personobliged to give support may losehis or her fortune because of gravemismanagement or on account ofriotous living, his or her spouse,if any, and a majority of thoseentitled to be supported by him orby her may petition the Court ofFirst Instance for the creation ofthe family home.

Section 2. Contents of petition.

The petition shall contain thefollowing particulars:

(a) Description of theproperty;

(b) An estimate of its actualvalue;

(c) A statement that thepetitioner is actuallyresiding in the premises;

(d) The encumbrances thereon;

(e) The names and addresses ofall the creditors of thepetitioner or head of thefamily and of all mortgagesand other persons who have aninterest in the property;

(f) The names of all thebeneficiaries of the familyhome.

Section 3. Notice and publication.

The court shall notify thecreditors, mortgagees and all otherpersons who have an interest in theestate, of the filing of thepetition, causing copies thereof tobe served upon them, and publishedonce a week for three (3)consecutive weeks in a newspaper ofgeneral circulation.

The petition shall, moreover, becaused to be posted in aconspicuous place in the parcel ofland mentioned therein, and also ina conspicuous place of themunicipal building of themunicipality or city in which theland is situated, for at leastfourteen (14) days prior to the dayof the hearing.

Section 4. Objection and date ofhearing.

In the notice and publicationrequired in the preceding section,the court

shall require the interestedparties to file their objection tothe petition within a period of notless than thirty (30) days fromreceipt of notice or from the dateof last publication, and shall fixthe date and time of the hearing ofthe petition.

Section 5. Order.

After hearing, if the court findsthat the actual value of theproposed family home does notexceed twenty thousand pesos, orthirty thousand pesos in charteredcities, and that no third person isprejudiced thereby, or thatcreditors have given sufficientsecurity for their credits, thepetition shall be approved.

Section 6. Registration of order.

A certified copy of the order ofthe court approving theestablishment of the family homeshall be furnished the register ofdeeds who shall record the same inthe registry of property.

RULE 107

Absentees

Section 1. Appointment ofrepresentative.

When a person disappears from hisdomicile,

his whereabouts being unknown, and

without having left an agent toadminister his property, or thepower conferred upon the agent hasexpired,

any interested party, relative orfriend may

……petition the Court of FirstInstance of the place where theabsentee resided before his dis-appearance, for the appointment ofa person to represent himprovisionally in all that may benecessary. In the City of Manila,the petition shall be filed in theJuvenile and Domestic RelationsCourt.

Section 2. Declaration of absence; whomay petition.

After the lapse of two (2) yearsfrom his disappearance and

without any news about the absenteeor since the receipt of the lastnews, or of five (5) years in casethe absentee has left a person incharge of the administration of hisproperty,

the declaration of his absence andappointment of a trustee oradministrative may be applied forby any of the following:

(a) The spouse present;

(b) The heirs institutedin a will, who maypresent an authentic copyof the same.

(c) The relatives whowould succeed by the lawof intestacy; and

(d) Those who have overthe property of theabsentee some rightsubordinated to thecondition of his death.

Section 3. Contents of petition.

The petition for the appointmentof a representative, or for thedeclaration of absence and theappointment of a trustee or anadministrator, must show thefollowing:

(a) The jurisdictionalfacts;

(b) The names, ages, andresidences of the heirsinstituted in the will,copy of which shall bepresented, and of therelatives who wouldsucceed by the law ofintestacy;

(c) The names andresidences of creditorsand others who may haveany adverse interest overthe property of theabsentee;

(d) The probable value,location and character ofthe property belonging tothe absentee.

Section 4. Time of hearing; notice andpublication thereof. 

When a petition for theappointment of a representative, orfor the declaration of absence andthe appointment of a trustee oradministrator, is filed, the courtshall fix a date and place for thehearing thereof where all concernedmay appear to contest the petition.

Copies of the notice of the timeand place fixed for the hearingshall be served upon the knownheirs, legatees, devisees,creditors and other interestedpersons, at least ten (10) daysbefore the day of the hearing, andshall be published once a week forthree (3) consecutive weeks priorto the time designated for thehearing, in a newspaper of generalcirculation in the province or citywhere the absentee resides, as thecourt shall deem best.

Section 5. Opposition.

Anyone appearing to contest thepetition shall state in writing hisgrounds therefor, and serve a copythereof on the petitioner and otherinterested parties on or before thedate designated for the hearing.

Section 6. Proof at hearing; order.

At the hearing, compliance withthe provisions of section 4 of thisrule must first be shown.

Upon satisfactory proof of theallegations in the petition, thecourt shall issue an order grantingthe same and appointing therepresentative, trustee oradministrator for the absentee.

The judge shall take the necessarymeasures to safeguard the rightsand interests of the absentee andshall specify the powers,obligations and remuneration of hisrepresentative, trustee oradministrator, regulating them bythe rules concerning guardians.

In case of declaration of absence,the same shall not take effectuntil six (6) months after itspublication in a newspaper ofgeneral circulation designated bythe court and in the OfficialGazette.

Section 7. Who may be appointed.

In the appointment of arepresentative, the spouse presentshall be preferred when there is nolegal separation. If the absenteeleft no spouse, or if the spousepresent is a minor or otherwiseincompetent, any competent personmay be appointed by the court.

In case of declaration of absence,the trustee or administrator of theabsentee's property shall beappointed in accordance with thepreceding paragraph.

Section 8. Termination ofadministration.

The trusteeship or administrationof the property of the absenteeshall cease upon order of the courtin any of the following cases:

(a) When the absenteeappears personally or bymeans of an agent;

(b) When the death of theabsentee is proved andhis testate or intestateheirs appear;

(c) When a third personappears, showing by aproper document that hehas acquired theabsentee's property bypurchase or other title.

In these cases the trustee oradministrator shall cease in theperformance of his office, and theproperty shall be placed at thedisposal of whose may have a rightthereto.

RULE 108

Cancellation Or Correction OfEntries In The Civil Registry

Section 1. Who may file petition.

Any person interested in any

act,

event,

order or decree concerning thecivil status of persons which hasbeen recorded in the civilregister,

may file a verified petition forthe cancellation or correction ofany entry relating thereto, withthe Court of First Instance of theprovince where the correspondingcivil registry is located.

Section 2. Entries subject to cancellationor correction.

Upon good and valid grounds, thefollowing entries in the civilregister may be cancelled orcorrected:

(a) births:

(b) marriage

; (c) deaths;

(d) legal separations;

(e) judgments of annulments ofmarriage;

(f) judgments declaring marriagesvoid from the beginning;

(g) legitimations;

(h) adoptions;

(i) acknowledgments of naturalchildren;

(j) naturalization;

(k) election, loss or recovery ofcitizenship;

(l) civil interdiction;

(m) judicial determination offiliation;

(n) voluntary emancipation of aminor; and

(o) changes of name.

Section 3. Parties.

When cancellation or correction ofan entry in the civil register issought, the civil registrar and allpersons who have or claim anyinterest which would be affectedthereby shall be made parties tothe proceeding.

Section 4. Notice and publication.

Upon the filing of the petition,the court shall, by an order,

fix the time and place for thehearing of the same, and causereasonable notice thereof to begiven to the persons named in thepetition.

The court shall also cause theorder to be published once a weekfor three (3) consecutive weeks ina newspaper of general circulationin the province.

Section 5. Opposition.

The civil registrar and any personhaving or claiming any interestunder the entry whose cancellationor correction is sought may, withinfifteen (15) days from notice ofthe petition, or from the last date

of publication of such notice, filehis opposition thereto.

Section 6. Expediting proceedings.

The court in which the proceedingis brought may make ordersexpediting the proceedings, and mayalso grant preliminary injunctionfor the preservation of the rightsof the parties pending suchproceedings.

Section 7. Order.

After hearing, the court mayeither dismiss the petition orissue an order granting thecancellation or correction prayedfor. In either case, a certifiedcopy of the judgment shall beserved upon the civil registrarconcerned who shall annotated thesame in his record.

RULE 109

Appeals in Special Proceedings

Section 1. Orders or judgments fromwhich appeals may be taken.

An interested person may appeal inspecial proceedings from an orderor judgment rendered by a Court ofFirst Instance or a Juvenile andDomestic Relations Court, wheresuch order or judgment:

(a) Allows or disallows awill;

(b) Determines who are thelawful heirs of a deceasedperson, or the distributiveshare of the estate to whichsuch person is entitled;

(c) Allows or disallows, inwhole or in part, any claimagainst the estate of adeceased person, or any claimpresented on behalf of theestate in offset to a claimagainst it;

(d) Settles the account of anexecutor, administrator,trustee or guardian;

(e) Constitutes, inproceedings relating to thesettlement of the estate of adeceased person, or theadministration of a trustee orguardian, a finaldetermination in the lowercourt of the rights of theparty appealing, except thatno appeal shall be allowedfrom the appointment of aspecial administrator; and

(f) Is the final order orjudgment rendered in the case,and affects the substantialrights of the person appealingunless it be an order grantingor denying a motion for a newtrial or for reconsideration.

Section 2. Advance distribution inspecial proceedings.

Notwithstanding a pendingcontroversy or appeal in

proceedings to settle the estate ofa decedent, the court may,

n its discretion and upon suchterms as it may deem proper andjust, permit that such part of theestate may not be affected by thecontroversy or appeal bedistributed among the heirs orlegatees, upon compliance with theconditions set forth in Rule 90 ofthis rules