PART II SPECIAL PROCEEDINGS GENERAL PROVISION RULE 72 Subject Matter and Applicability of General Rules SECTION 1.

Subject matter of special proceedings. Rules of special proceedings are provided for in the following cases:
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a! Settle"ent of estate of deceased persons# $! Escheat# c! %uardianship and custod& of children# d! Trustees# e! 'doption# f! Rescission and revocation of adoption# g! (ospitali)ation of insane persons# h! (a$eas corpus# i! Change of na"e# *! +oluntar& dissolution of corporations# ,! -udicial approval of voluntar& recognition of "inor natural children# l! Constitution of fa"il& ho"e# "! .eclaration of a$sence and death# n! Cancellation or correction of entries in the civil registr&. SECTION /. Applicability of rules of civil actions. In the a$sence of special provisions0 the rules provided for in ordinar& actions shall $e0 as far as practica$le0 applica$le in special proceedings. SETTLEMENT OF ESTATE OF DECEASED PERSONS

RULE 73 Venue and Process SECTION 1. Where estate of deceased persons settled. If the decedent is an inha$itant of the 1hilippines at the ti"e of his death0 whether a citi)en or an alien0 his will shall $e proved0 or letters of ad"inistration granted0 and his estate settled0 in the Court of 2irst Instance in the province in which he resides at the ti"e of his death0 and if he is an inha$itant of a foreign countr&0 the Court of 2irst Instance of an& province in which he had estate. The court first ta,ing cogni)ance of the settle"ent of the estate of a decedent0 shall e3ercise *urisdiction to the e3clusion of all other courts. The *urisdiction assu"ed $& a court0 so far as it depends on the place of residence of the decedent0 or of the location of his estate0 shall not $e contested in a suit or proceeding0 e3cept in an appeal fro" that court0 in the original case0 or when the want of *urisdiction appears on the record. SECTION /. Where estate settled upon dissolution of marriage. 4hen the "arriage is dissolved $& the death of the hus$and or wife0 the co""unit& propert& shall $e inventoried0 ad"inistered0 and li5uidated0 and the de$ts thereof paid0 in the testate or intestate proceedings of the deceased spouse. If $oth spouses have died0 the con*ugal partnership shall $e li5uidated in the testate or intestate proceedings of either. SECTION 6. Process. In the e3ercise of pro$ate *urisdiction0 Court of 2irst Instance "a& issue warrants and process necessar& to co"pel the attendance of witnesses or to carr& into effect their orders and *udg"ents0 and all other powers granted the" $& law. If a person does not perfor" an order or *udg"ent rendered $& a court in the e3ercise of its pro$ate *urisdiction0 it "a& issue a warrant for the apprehension and i"prison"ent of such person until he perfor"s such order or *udg"ent0 or is released. SECTION 7. Presumption of death. 2or purposes of settle"ent of his estate0 a person shall $e presu"ed dead if a$sent and unheard fro" for the periods fi3ed in the Civil Code. 8ut if such person proves to $e alive0 he shall $e entitled to the $alance of his estate after pa&"ent of all his de$ts. The $alance "a& $e recovered $& "otion in the sa"e proceeding. RULE 74 Summary Settlement of Estates SECTION 1. E trajudicial settlement by agreement bet!een heirs. If the decedent left no will and no de$ts and the heirs are all of age0 or the "inors are represented $& their *udicial or legal representatives dul& authori)ed for the purpose0 the parties "a&0 without securing letters of ad"inistration0 divide the estate a"ong the"selves as the& see fit $& "eans of a pu$lic instru"ent filed in the office of the register of deeds0 and should the& disagree0 the& "a& do so in an ordinar& action of partition. If there is onl& one heir0 he "a& ad*udicate to hi"self the entire estate $& "eans of an affidavit filed in the office of the register of deeds. The parties to an

e3tra*udicial settle"ent0 whether $& pu$lic instru"ent or $& stipulation in a pending action for partition0 or the sole heir who ad*udicates the entire estate to hi"self $& "eans of an affidavit shall file0 si"ultaneousl& with and as a condition precedent to the filing of the pu$lic instru"ent0 or stipulation in the action for partition0 or of the affidavit in the office of the register of deeds0 a $ond with the said register of deeds0 in an a"ount e5uivalent to the value of the personal propert& involved as certified to under oath $& the parties concerned and conditioned upon the pa&"ent of an& *ust clai" that "a& $e filed under section 7 of this rule. It shall $e presu"ed that the decedent left no de$ts if no creditor files a petition for letters of ad"inistration within two /! &ears after the death of the decedent. The fact of the e3tra*udicial settle"ent or ad"inistration shall $e pu$lished in a newspaper of general circulation in the "anner provided in the ne3t succeeding section# $ut no e3tra*udicial settle"ent shall $e $inding upon an& person who has not participated therein or had no notice thereof. SECTION /. Summary settlement of estates of small value. 4henever the gross value of the estate of a deceased person0 whether he died testate or intestate0 does not e3ceed ten thousand pesos0 and that fact is "ade to appear to the Court of 2irst Instance having *urisdiction of the estate $& the petition of an interested person and upon hearing0 which shall $e held not less than one 1! "onth nor "ore than three 6! "onths fro" the date of the last pu$lication of a notice which shall $e pu$lished once a wee, for three 6! consecutive wee,s in a newspaper of general circulation in the province0 and after such other notice to interested persons as the court "a& direct0 the court "a& proceed su""aril&0 without the appoint"ent of an e3ecutor or ad"inistrator0 and without dela&0 to grant0 if proper0 allowance of the will0 if an& there $e0 to deter"ine who are the persons legall& entitled to participate in the estate0 and to apportion and divide it a"ong the" after the pa&"ent of such de$ts of the estate as the court shall then find to $e due# and such persons0 in their own right0 if the& are of lawful age and legal capacit&0 or $& their guardians or trustees legall& appointed and 5ualified0 if otherwise0 shall thereupon $e entitled to receive and enter into the possession of the portions of the estate so awarded to the" respectivel&. The court shall "a,e such order as "a& $e *ust respecting the costs of the proceedings0 and all orders and *udg"ents "ade or rendered in the course thereof shall $e recorded in the office of the cler,0 and the order of partition or award0 if it involves real estate0 shall $e recorded in the proper register9s office. SECTION 6. "ond to be filed by distributees. The court0 $efore allowing a partition in accordance with the provisions of the preceding section0 "a& re5uire the distri$utees0 if propert& other than real is to $e distri$uted0 to file a $ond in an a"ount to $e fi3ed $& court0 conditioned for the pa&"ent of an& *ust clai" which "a& $e filed under the ne3t succeeding section.
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SECTION 7. #iability of distributees and estate. If it shall appear at an& ti"e within two /! &ears after the settle"ent and distri$ution of an estate in accordance with the provisions of either of the first two sections of this rule0 that an heir or other person has $een undul& deprived of his lawful participation in the estate0 such heir or such other person "a& co"pel the settle"ent of the estate in the courts in the "anner hereinafter provided for the purpose of satisf&ing such lawful participation. 'nd if within the sa"e ti"e of two /! &ears0 it shall appear that there are de$ts outstanding against the estate which have not $een paid0 or that an heir or other person has $een undul& deprived of his lawful participation pa&a$le in "one&0 the court having *urisdiction of the estate "a&0 $& order for that purpose0 after hearing0 settle the a"ount of such de$ts or lawful participation and order how "uch and in what "anner each distri$utee shall contri$ute in the pa&"ent thereof0 and "a& issue e3ecution0 if circu"stances re5uire0 against the $ond provided in the preceding section or against the real estate $elonging to the deceased0 or $oth. Such $ond and such real estate shall re"ain charged with a lia$ilit& to creditors0 heirs0 or other persons for the full period of two /! &ears after such distri$ution0 notwithstanding an& transfers of real estate that "a& have $een "ade. SECTION :. Period for claim of minor or incapacitated person. If on the date of the e3piration of the period of two /! &ears prescri$ed in the preceding section the person authori)ed to file a clai" is a "inor or "entall& incapacitated0 or is in prison or outside the 1hilippines0 he "a& present his clai" within one 1! &ear after such disa$ilit& is re"oved. RULE 75 Production of Will$ Allo!ance of Will %ecessary SECTION 1. Allo!ance necessary$ &onclusive as to e ecution. No will shall pass either real or personal estate unless it is proved and allowed in the proper court. Su$*ect to the right of appeal0 such allowance of the will shall $e conclusive as to its due e3ecution. SECTION /. &ustodian of !ill to deliver. The person who has custod& of a will shall0 within twent& /;! da&s after he ,nows of the death of the testator0 deliver the will to the court having *urisdiction0 or to the e3ecutor na"ed in the will. SECTION 6. E ecutor to present !ill and accept or refuse trust. ' person na"ed as e3ecutor in a will shall0 within twent& /;! da&s after he ,nows of the death of the testator0 or within twent& /;! da&s after he ,nows that he is na"ed e3ecutor if he o$tained such ,nowledge after the death of the testator0 present such will to the court having *urisdiction0 unless the will has reached the court in an& other "anner0 and shall0 within such period0 signif& to the court in writing his acceptance of the trust or his refusal to accept it.

SECTION 7. &ustodian and e ecutor subject to fine for neglect. ' person who neglects an& of the duties re5uired in the two last preceding sections without e3cuse satisfactor& to the court shall $e fined not e3ceeding two thousand pesos. SECTION :. Person retaining !ill may be committed. ' person having custod& of a will after the death of the testator who neglects without reasona$le cause to deliver the sa"e0 when ordered so to do0 to the court having *urisdiction0 "a& $e co""itted to prison and there ,ept until he delivers the will. RULE 76 Allo!ance or 'isallo!ance of Will SECTION 1. Who may petition for the allo!ance of !ill. 'n& e3ecutor0 devisee0 or legatee na"ed in a will0 or an& other person interested in the estate0 "a&0 at an& ti"e after the death of the testator0 petition the court having *urisdiction to have the will allowed0 whether the sa"e $e in his possession or not0 or is lost or destro&ed. The testator hi"self "a&0 during his lifeti"e0 petition the court for the allowance of his will. SECTION /. &ontents of petition. ' petition for the allowance of a will "ust show0 so far as ,nown to the petitioner: a! The *urisdictional facts# $! The na"es0 ages0 and residences of the heirs0 legatees0 and devisees of the testator or decedent# c! The pro$a$le value and character of the propert& of the estate# d! The na"e of the person for who" letters are pra&ed# e! If the will has not $een delivered to the court0 the na"e of the person having custod& of it. 8ut no defect in the petition shall render void the allowance of the will0 or the issuance of letters testa"entar& or of ad"inistration with the will anne3ed. SECTION 6. &ourt to appoint time for proving !ill. %otice thereof to be published. 4hen a will is delivered to0 or a petition for the allowance of a will is filed in0 the court having *urisdiction0 such court shall fi3 a ti"e and place for proving the will when all concerned "a& appear to contest the allowance thereof0 and shall cause notice of such ti"e and place to $e pu$lished three 6! wee,s successivel&0 previous to the ti"e appointed0 in a newspaper of general circulation in the province.

8ut no newspaper pu$lication shall $e "ade where the petition for pro$ate has $een filed $& the testator hi"self. SECTION 7. (eirs) devisees) legatees) and e ecutors to be notified by mail or personally . The court shall also cause copies of the notice of the ti"e and place fi3ed for proving the will to $e addressed to the designated or other ,nown heirs0 legatees0 and devisees of the testator resident in the 1hilippines at their places of residence0 and deposited in the post office with the postage thereon prepaid at least twent& /;! da&s $efore the hearing0 if such places of residence $e ,nown. ' cop& of the notice "ust in li,e "anner $e "ailed to the person na"ed as e3ecutor0 if he $e not the petitioner# also0 to an& person na"ed as co<e3ecutor not petitioning0 if their places of residence $e ,nown. 1ersonal service of copies of the notice at least ten 1;! da&s $efore the da& of hearing shall $e e5uivalent to "ailing. If the testator as,s for the allowance of his own will0 notice shall $e sent onl& to his co"pulsor& heirs. SECTION :. Proof at hearing. What sufficient in absence of contest. 't the hearing co"pliance with the provisions of the last two preceding sections "ust $e shown $efore the introduction of testi"on& in support of the will. 'll such testi"on& shall $e ta,en under oath and reduced to writing. If no person appears to contest the allowance of the will0 the court "a& grant allowance thereof on the testi"on& of one of the su$scri$ing witnesses onl&0 if such witness testif& that the will was e3ecuted as is re5uired $& law. In the case of a holographic will0 it shall $e necessar& that at least one witness who ,nows the handwriting and signature of the testator e3plicitl& declare that the will and the signature are in the handwriting of the testator. In the a$sence of an& such co"petent witness0 and if the court dee" it necessar&0 e3pert testi"on& "a& $e resorted to. SECTION =. Proof of lost or destroyed !ill$ &ertificate thereupon. No will shall $e proved as a lost or destro&ed will unless the e3ecution and validit& of the sa"e $e esta$lished0 and the will is proved to have $een in e3istence at the ti"e of the death of the testator0 or is shown to have $een fraudulentl& or accidentall& destro&ed in the lifeti"e of the testator without his ,nowledge0 nor unless its provisions are clearl& and distinctl& proved $& at least two /! credi$le witnesses. 4hen a lost will is proved0 the provisions thereof "ust $e distinctl& stated and certified $& the *udge0 under the seal of the court0 and the certificate "ust $e filed and recorded as other wills are filed and recorded. SECTION >. Proof !hen !itnesses do not reside in province. If it appears at the ti"e fi3ed for the hearing that none of the su$scri$ing witnesses resides in the province0 $ut that the deposition of one or "ore of the" can $e ta,en elsewhere0 the court "a&0 on "otion0 direct it to $e ta,en0 and "a& authori)e a photographic cop& of the will to $e "ade and to $e presented to the witness on his e3a"ination0 who "a& $e as,ed the sa"e

5uestions with respect to it0 and to the handwriting of the testator and others0 as would $e pertinent and co"petent if the original will were present. SECTION ?. Proof !hen !itnesses dead or insane or do not reside in the Philippines . If it appears at the ti"e fi3ed for the hearing that the su$scri$ing witnesses are dead or insane0 or that none of the" resides in the 1hilippines0 the court "a& ad"it the testi"on& of other witnesses to prove the sanit& of the testator0 and the due e3ecution of the will# and as evidence of the e3ecution of the will0 it "a& ad"it proof of the handwriting of the testator and of the su$scri$ing witnesses0 or of an& of the". SECTION @. Grounds for disallo!ing !ill. The will shall $e disallowed in an& of the following cases: a! If not e3ecuted and attested as re5uired $& law# $! If the testator was insane0 or otherwise "entall& incapa$le to "a,e a will0 at the ti"e of its e3ecution# c! If it was e3ecuted under duress0 or the influence of fear0 or threats# d! If it was procured $& undue and i"proper pressure and influence0 on the part of the $eneficiar&0 or of so"e other person for his $enefit# e! If the signature of the testator was procured $& fraud or tric,0 and he did not intend that the instru"ent should $e his will at the ti"e of fi3ing his signature thereto. SECTION 1;. &ontestant to file grounds of contest. 'n&one appearing to contest the will "ust state in writing his grounds for opposing its allowance0 and serve a cop& thereof on the petitioner and other parties interested in the estate. SECTION 11. Subscribing !itnesses produced or accounted for !here !ill contested . If the will is contested0 all the su$scri$ing witnesses0 and the notar& in the case of wills e3ecuted under the Civil Code of the 1hilippines0 if present in the 1hilippines and not insane0 "ust $e produced and e3a"ined0 and the death0 a$sence0 or insanit& of an& of the" "ust $e satisfactoril& shown to the court. If all or so"e of such witnesses are present in the 1hilippines $ut outside the province where the will has $een filed0 their deposition "ust $e ta,en. If an& or all of the" testif& against the due e3ecution of the will0 or do not re"e"$er having attested to it0 or are otherwise of dou$tful credi$ilit&0 the will "a&0 nevertheless0 $e allowed if the court is satisfied fro" the testi"on& of other witnesses and fro" all the evidence presented that the will was e3ecuted and attested in the "anner re5uired $& law.

If a holographic will is contested0 the sa"e shall $e allowed if at least three 6! witnesses who ,now the handwriting of the testator e3plicitl& declare that the will and the signature are in the handwriting of the testator# in the a$sence of an& co"petent witness0 and if the court dee" it necessar&0 e3pert testi"on& "a& $e resorted to. SECTION 1/. Proof !here testator petitions for allo!ance of holographic !ill. 4here the testator hi"self petitions for the pro$ate of his holographic will and no contest is filed0 the fact that he affir"s that the holographic will and the signature are in his own handwriting0 shall $e sufficient evidence of the genuineness and due e3ecution thereof. If the holographic will is contested0 the $urden of disproving the genuineness and due e3ecution thereof shall $e on the contestant. The testator "a&0 in his turn0 present such additional proof as "a& $e necessar& to re$ut the evidence for the contestant. SECTION 16. &ertificate of allo!ance attached to proved !ill. *o be recorded in the +ffice of Register of 'eeds$ If the court is satisfied0 upon proof ta,en and filed0 that the will was dul& e3ecuted0 and that the testator at the ti"e of its e3ecution was of sound and disposing "ind0 and not acting under duress0 "enace0 and undue influence0 or fraud0 a certificate of its allowance0 signed $& the *udge0 and attested $& the seal of the court shall $e attached to the will and the will and certificate filed and recorded $& the cler,. 'ttested copies of the will devising real estate and of certificate of allowance thereof0 shall $e recorded in the register of deeds of the province in which the lands lie. RULE 77 Allo!ance of Will Proved +utside of Philippines and Administration of Estate *hereunder SECTION 1. Will proved outside Philippines may be allo!ed here. 4ills proved and allowed in a foreign countr&0 according to the laws of such countr&0 "a& $e allowed0 filed0 and recorded $& the proper Court of 2irst Instance in the 1hilippines. SECTION /. %otice of hearing for allo!ance. 4hen a cop& of such will and of the order or decree of the allowance thereof0 $oth dul& authenticated0 are filed with a petition for allowance in the 1hilippines0 $& the e3ecutor or other person interested0 in the court having *urisdiction0 such court shall fi3 a ti"e and place for the hearing0 and cause notice thereof to $e given as in case of an original will presented for allowance.

SECTION 6. When !ill allo!ed) and effect thereof . If it appears at the hearing that the will should $e allowed in the 1hilippines0 the court shall so allow it0 and a certificate of its allowance0 signed $& the *udge0 and attested $& the seal of the court0 to which shall

$e attached a cop& of the will0 shall $e filed and recorded $& the cler,0 and the will shall have the sa"e effect as if originall& proved and allowed in such court. SECTION 7. Estate) ho! administered. 4hen a will is thus allowed0 the court shall grant letters testa"entar&0 or letters of ad"inistration with the will anne3ed0 and such letters testa"entar& or of ad"inistration0 shall e3tend to all the estate of the testator in the 1hilippines. Such estate0 after the pa&"ent of *ust de$ts and e3penses of ad"inistration0 shall $e disposed of according to such will0 so far as such will "a& operate upon it# and the residue0 if an&0 shall $e disposed of as is provided $& law in cases of estates in the 1hilippines $elonging to persons who are inha$itants of another state or countr&. RULE 78 #etters *estamentary and of Administration) When and *o Whom ,ssued SECTION 1. Who are incompetent to serve as e ecutors or administrators . No person is co"petent to serve as e3ecutor or ad"inistrator who: a! Is a "inor# $! Is not a resident of the 1hilippines# and c! Is in the opinion of the court unfit to e3ecute the duties of the trust $& reason of drun,enness0 i"providence0 or want of understanding or integrit&0 or $& reason of conviction of an offense involving "oral turpitude. SECTION /. E ecutor of e ecutor not to administer estate. The e3ecutor of an e3ecutor shall not0 as such0 ad"inister the estate of the first testator. SECTION 6. Married !omen may serve. ' "arried wo"an "a& serve as e3ecutri3 or ad"inistratri30 and the "arriage of a single wo"an shall not affect her authorit& so to serve under a previous appoint"ent. SECTION 7. #etters testamentary issued !hen !ill allo!ed. 4hen a will has $een proved and allowed0 the court shall issue letters testa"entar& thereon to the person na"ed as e3ecutor therein0 if he is co"petent0 accepts the trust0 and gives $ond as re5uired $& these rules. SECTION :. Where some coe ecutors dis-ualified others may act. 4hen all of the e3ecutors na"ed in a will can not act $ecause of inco"petenc&0 refusal to accept the trust0 or failure to give $ond0 on the part of one or "ore of the"0 letters testa"entar& "a& issue to such of the" as are co"petent0 accept and give $ond0 and the& "a& perfor" the duties and discharge the trust re5uired $& the will.

SECTION =. When and to !hom letters of administration granted. If no e3ecutor is na"ed in the will0 or the e3ecutor or e3ecutors are inco"petent0 refuse the trust0 or fail to give $ond0 or a person dies intestate0 ad"inistration shall $e granted: a! To the surviving hus$and or wife0 as the case "a& $e0 or ne3t of ,in0 or $oth0 in the discretion of the court0 or to such person as such surviving hus$and or wife0 or ne3t of ,in0 re5uests to have appointed0 if co"petent and willing to serve# $! If such surviving hus$and or wife0 as the case "a& $e0 or ne3t of ,in0 or the person selected $& the"0 $e inco"petent or unwilling0 or if the hus$and or widow0 or ne3t of ,in0 neglects for thirt& 6;! da&s after the death of the person to appl& for ad"inistration or to re5uest that ad"inistration $e granted to so"e other person0 it "a& $e granted to one or "ore of the principal creditors0 if co"petent and willing to serve# c! If there is no such creditor co"petent and willing to serve0 it "a& $e granted to such other person as the court "a& select. RULE 79 +pposing ,ssuance of #etters *estamentary$ Petition and &ontest for #etters of Administration SECTION 1. +pposition to issuance of letters testamentary. Simultaneous petition for administration. 'n& person interested in a will "a& state in writing the grounds wh& letters testa"entar& should not issue to the persons na"ed therein as e3ecutors0 or an& of the"0 and the court0 after hearing upon notice0 shall pass upon the sufficienc& of such grounds. ' petition "a&0 at the sa"e ti"e0 $e filed for letters of ad"inistration with the will anne3ed. SECTION /. &ontents of petition for letters of administration. ' petition for letters of ad"inistration "ust $e filed $& an interested person and "ust show0 so far as ,nown to the petitioner: a! The *urisdictional facts# $! The na"es0 ages0 and residences of the heirs0 and the na"es and residences of the creditors0 of the decedent# c! The pro$a$le value and character of the propert& of the estate# d! The na"e of the person for who" letters of ad"inistration are pra&ed.

8ut no defect in the petition shall render void the issuance of letters of ad"inistration. SECTION 6. &ourt to set time for hearing$ %otice thereof $ 4hen a petition for letters of ad"inistration is filed in the court having *urisdiction0 such court shall fi3 a ti"e and place for hearing the petition0 and shall cause notice thereof to $e given to the ,nown heirs and creditors of the decedent0 and to an& other persons $elieved to have an interest in the estate0 in the "anner provided in sections 6 and 7 of Rule >=. SECTION 7. +pposition to petition for administration. 'n& interested person "a&0 $& filing a written opposition0 contest the petition on the ground of the inco"petenc& of the person for who" letters are pra&ed therein0 or on the ground of the contestant9s own right to the ad"inistration0 and "a& pra& that letters issue to hi"self0 or to an& co"petent person or persons na"ed in the opposition. SECTION :. (earing and order for letters to issue. 't the hearing of the petition0 it "ust first $e shown that notice has $een given as hereina$ove re5uired0 and thereafter the court shall hear the proofs of the parties in support of their respective allegations0 and if satisfied that the decedent left no will0 or that there is no co"petent and willing e3ecutor0 it shall order the issuance of letters of ad"inistration to the part& $est entitled thereto. SECTION =. When letters of administration granted to any applicant. Aetters of ad"inistration "a& $e granted to an& 5ualified applicant0 though it appears that there are other co"petent persons having $etter right to the ad"inistration0 if such persons fail to appear when notified and clai" the issuance of letters to the"selves. RULE 80 Special Administrator SECTION 1. Appointment of special administrator. 4hen there is dela& in granting letters testa"entar& or of ad"inistration $& an& cause including an appeal fro" the allowance or disallowance of a will0 the court "a& appoint a special ad"inistrator to ta,e possession and charge of the estate of the deceased until the 5uestions causing the dela& are decided and e3ecutors or ad"inistrators appointed. SECTION /. Po!ers and duties of special administrator. Such special ad"inistrator shall ta,e possession and charge of the goods0 chattels0 rights0 credits0 and estate of the deceased and preserve the sa"e for the e3ecutor or ad"inistrator afterwards appointed0 and for that purpose "a& co""ence and "aintain suits as ad"inistrator. (e "a& sell onl& such perisha$le and other propert& as the court orders sold. ' special ad"inistrator shall not $e lia$le to pa& an& de$ts of the deceased unless so ordered $& the court. SECTION 6. When po!ers of special administrator cease. *ransfer of effects. Pending suits. 4hen letters testa"entar& or of ad"inistration are granted on the estate of the deceased0 the powers of the special ad"inistrator shall cease0 and he shall

forthwith deliver to the e3ecutor or ad"inistrator the goods0 chattels0 "one&0 and estate of the deceased in his hands. The e3ecutor or ad"inistrator "a& prosecute to final *udg"ent suits co""enced $& such special ad"inistrator. RULE 81 "onds of E ecutors and Administrators SECTION 1. "ond to be given before issuance of letters$ Amount$ &onditions. 8efore an e3ecutor or ad"inistrator enters upon the e3ecution of his trust0 and letters testa"entar& or of ad"inistration issue0 he shall give a $ond0 in such su" as the court directs0 conditioned as follows: a! To "a,e and return to the court0 within three 6! "onths0 a true and co"plete inventor& of all goods0 chattels0 rights0 credits0 and estate of the deceased which shall co"e to his possession or ,nowledge or to the possession of an& other person for hi"# $! To ad"inister according to these rules0 and0 if an e3ecutor0 according to the will of the testator0 all goods0 chattels0 rights0 credits0 and estate which shall at an& ti"e co"e to his possession or to the possession of an& other person for hi"0 and fro" the proceeds to pa& and discharge all de$ts0 legacies0 and charges on the sa"e0 or such dividends thereon as shall $e decreed $& the court# c! To render a true and *ust account of his ad"inistration to the court within one 1! &ear0 and at an& other ti"e when re5uired $& the court# d! To perfor" all orders of the court $& hi" to $e perfor"ed. SECTION /. "ond of e ecutor !here directed in !ill. When further bond re-uired. If the testator in his will directs that the e3ecutor serve without $ond0 or with onl& his individual $ond0 he "a& $e allowed $& the court to give $ond in such su" and with such suret& as the court approves conditioned onl& to pa& the de$ts of the testator# $ut the court "a& re5uire of the e3ecutor a further $ond in case of a change in his circu"stances0 or for other sufficient cause0 with the conditions na"ed in the last preceding section. SECTION 6. "onds of joint e ecutors and administrators. 4hen two or "ore persons are appointed e3ecutors or ad"inistrators the court "a& ta,e a separate $ond fro" each0 or a *oint $ond fro" all. SECTION 7. "ond of special administrator. ' special ad"inistrator $efore entering upon the duties of his trust shall give a $ond0 in such su" as the court directs0 conditioned that he will "a,e and return a true inventor& of the goods0 chattels0 rights0

credits0 and estate of the deceased which co"e to his possession or ,nowledge0 and that he will trul& account for such as are received $& hi" when re5uired $& the court0 and will deliver the sa"e to the person appointed e3ecutor or ad"inistrator0 or to such other person as "a& $e authori)ed to receive the". RULE 82 Revocation of Administration) 'eath) Resignation) and Removal of E ecutors and Administrators SECTION 1. Administration revo.ed if !ill discovered. Proceedings thereupon. If after letters of ad"inistration have $een granted on the estate of a decedent as if he had died intestate0 his will is proved and allowed $& the court0 the letters of ad"inistration shall $e revo,ed and all powers thereunder cease0 and the ad"inistrator shall forthwith surrender the letters to the court0 and render his account within such ti"e as the court directs. 1roceedings for the issuance of letters testa"entar& or of ad"inistration under the will shall $e as herein$efore provided. SECTION /. &ourt may remove or accept resignation of e ecutor or administrator . Proceedings upon death) resignation) or removal$ If an e3ecutor or ad"inistrator neglects to render his account and settle the estate according to law0 or to perfor" an order or *udg"ent of the court0 or a dut& e3pressl& provided $& these rules0 or a$sconds0 or $eco"es insane0 or otherwise incapa$le or unsuita$le to discharge the trust0 the court "a& re"ove hi"0 or0 in its discretion0 "a& per"it hi" to resign. 4hen an e3ecutor or ad"inistrator dies0 resigns0 or is re"oved the re"aining e3ecutor or ad"inistrator "a& ad"inister the trust alone0 unless the court grants letters to so"eone to act with hi". If there is no re"aining e3ecutor or ad"inistrator0 ad"inistration "a& $e granted to an& suita$le person. SECTION 6. Acts before revocation) resignation) or removal to be valid. The lawful acts of an e3ecutor or ad"inistrator $efore the revocation of his letters testa"entar& or of ad"inistration0 or $efore his resignation or re"oval0 shall have the li,e validit& as if there had $een no such revocation0 resignation0 or re"oval. SECTION 7. Po!ers of ne! e ecutor or administrator. Rene!al of license to sell real estate. The person to who" letters testa"entar& or of ad"inistration are granted after the revocation of for"er letters0 or the death0 resignation0 or re"oval of a for"er e3ecutor or ad"inistrator0 shall have the li,e powers to collect and settle the estate not ad"inistered that the for"er e3ecutor or ad"inistrator had0 and "a& prosecute or defend actions co""enced $& or against the for"er e3ecutor or ad"inistrator0 and have e3ecution on *udg"ents recovered in the na"e of such for"er e3ecutor or ad"inistrator. 'n authorit& granted $& the court to the for"er e3ecutor or ad"inistrator for the sale or "ortgage of real estate "a& $e renewed in favor of such person without further notice or hearing.

RULE 83 ,nventory and Appraisal$ Provision for Support of /amily SECTION 1. ,nventory and appraisal to be returned !ithin three months. 4hen three 6! "onths after his appoint"ent ever& e3ecutor or ad"inistrator shall return to the court a true inventor& and appraisal of all the real and personal estate of the deceased which has co"e into his possession or ,nowledge. In the appraise"ent of such estate0 the court "a& order one or "ore of the inheritance ta3 appraisers to give his or their assistance. SECTION /. &ertain articles not to be inventoried. The wearing apparel of the surviving hus$and or wife and "inor children0 the "arriage $ed and $edding0 and such provisions and other articles as will necessaril& $e consu"ed in the su$sistence of the fa"il& of the deceased0 under the direction of the court0 shall not $e considered as assets0 nor ad"inistered as such0 and shall not $e included in the inventor&. SECTION 6. Allo!ance to !ido! and family. The widow and "inor or incapacitated children of a deceased person0 during the settle"ent of the estate0 shall receive therefro"0 under the direction of the court0 such allowance as are provided $& law. RULE 84 General Po!ers and 'uties of E ecutors and Administrators SECTION 1. E ecutor or administrator to have access to partnership boo.s and property. (o! right enforced. The e3ecutor or ad"inistrator of the estate of a deceased partner shall at all ti"es have access to0 and "a& e3a"ine and ta,e copies of0 $oo,s and papers relating to the partnership $usiness0 and "a& e3a"ine and "a,e invoices of the propert& $elonging to such partnership# and the surviving partner or partners0 on re5uest0 shall e3hi$it to hi" all such $oo,s0 papers0 and propert& in their hands or control. On the written application of such e3ecutor or ad"inistrator0 the court having *urisdiction of the estate "a& order an& such surviving partner or partners to freel& per"it the e3ercise of the rights0 and to e3hi$it the $oo,s0 papers0 and propert&0 as in this section provided0 and "a& punish an& partner failing to do so for conte"pt. SECTION /. E ecutor or administrator to .eep buildings in repair. 'n e3ecutor or ad"inistrator shall "aintain in tenanta$le repair the houses and other structures and fences $elonging to the estate0 and deliver the sa"e in such repair to the heirs or devisees when directed so to do $& the court. SECTION 6. E ecutor or administrator to retain !hole estate to pay debts) and to administer estate not !illed. 'n e3ecutor or ad"inistrator shall have the right to the possession and "anage"ent of the real as well as the personal estate of the

deceased so long as it is necessar& for the pa&"ent of the de$ts and the e3penses of ad"inistration. RULE 85 Accountability and &ompensation of E ecutors and Administrators SECTION 1. E ecutor or administrator chargeable !ith all estate and income. E3cept as otherwise e3pressl& provided in the following sections0 ever& e3ecutor or ad"inistrator is chargea$le in his account with the whole of the estate of the deceased which has co"e into his possession0 at the value of the appraise"ent contained in the inventor&# with all the interest0 profit0 and inco"e of such estate# and with the proceeds of so "uch of the estate as is sold $& hi"0 at the price at which it was sold. SECTION /. %ot to profit by increase or lose by decrease in value. No e3ecutor or ad"inistrator shall profit $& the increase0 or suffer loss $& the decrease or destruction0 without his fault0 of an& part of the estate. (e "ust account for the e3cess when he sells an& part of the estate for "ore than the appraise"ent0 and if an& is sold for less than the appraise"ent0 he is not responsi$le for the loss0 if the sale has $een *ustl& "ade. If he settles an& clai" against the estate for less than its no"inal value0 he is entitled to charge in his account onl& the a"ount he actuall& paid on the settle"ent. SECTION 6. When not accountable for debts due estate. No e3ecutor or ad"inistrator shall $e accounta$le for de$ts due the deceased which re"ain uncollected without his fault. SECTION 7. Accountable for income from realty used by him. If the e3ecutor or ad"inistrator uses or occupies an& part of the real estate hi"self0 he shall account for it as "a& $e agreed upon $etween hi" and the parties interested0 or ad*usted $& the court with their assent# and if the parties do not agree upon the su" to $e allowed0 the sa"e "a& $e ascertained $& the court0 whose deter"ination in this respect shall $e final. SECTION :. Accountable if he neglects or delays to raise or pay money . 4hen an e3ecutor or ad"inistrator neglects or unreasona$l& dela&s to raise "one&0 $& collecting the de$ts or selling the real or personal estate of the deceased0 or neglects to pa& over the "one& he has in his hands0 and the value of the estate is there$& lessened or unnecessar& cost or interest accrues0 or the persons interested suffer loss0 the sa"e shall $e dee"ed waste and the da"age sustained "a& $e charged and allowed against hi" in his account0 and he shall $e lia$le therefor on his $ond. SECTION =. When allo!ed money paid as costs. The a"ount paid $& an e3ecutor or ad"inistrator for costs awarded against hi" shall $e allowed in his ad"inistration account0 unless it appears that the action or proceeding in which the costs are ta3ed was prosecuted or resisted without *ust cause0 and not in good faith.

SECTION >. What e penses and fees allo!ed e ecutor or administrator$ %ot to charge for services as attorney$ &ompensation provided by !ill controls unless renounced$ 'n e3ecutor or ad"inistrator shall $e allowed the necessar& e3penses in the care0 "anage"ent0 and settle"ent of the estate0 and for his services0 four pesos per da& for the ti"e actuall& and necessaril& e"plo&ed0 or a co""ission upon the value of so "uch of the estate as co"es into his possession and is finall& disposed of $& hi" in the pa&"ent of de$ts0 e3penses0 legacies0 or distri$utive shares0 or $& deliver& to heirs or devisees0 of two per centum of the first five thousand pesos of such value0 one per centum of so "uch of such value as e3ceeds five thousand pesos and does not e3ceed thirt& thousand pesos0 one<half per centum of so "uch of such value as e3ceeds thirt& thousand pesos and does not e3ceed one hundred thousand pesos0 and one<5uarter per centum of so "uch of such value as e3ceeds one hundred thousand pesos. 8ut in an& special case0 where the estate is large0 and the settle"ent has $een attended with great difficult&0 and has re5uired a high degree of capacit& on the part of the e3ecutor or ad"inistrator0 a greater su" "a& $e allowed. If o$*ection to the fees allowed $e ta,en0 the allowance "a& $e re<e3a"ined on appeal. If there are two or "ore e3ecutors or ad"inistrators0 the co"pensation shall $e apportioned a"ong the" $& the court according to the services actuall& rendered $& the" respectivel&. 4hen the e3ecutor or ad"inistrator is an attorne&0 he shall not charge against the estate an& professional fees for legal services rendered $& hi". 4hen the deceased $& will "a,es so"e other provision for the co"pensation of his e3ecutor0 that provision shall $e a full satisfaction for his services unless $& a written instru"ent filed in the court he renounces all clai" to the co"pensation provided $& the will. SECTION ?. When e ecutor or administrator to render account. Ever& e3ecutor or ad"inistrator shall render an account of his ad"inistration within one 1! &ear fro" the ti"e of receiving letters testa"entar& or of ad"inistration0 unless the court otherwise directs $ecause of e3tensions of ti"e for presenting clai"s against0 or pa&ing the de$ts of0 the estate0 or for disposing of the estate# and he shall render such further accounts as the court "a& re5uire until the estate is wholl& settled.

SECTION @. E aminations on oath !ith respect to account. The court "a& e3a"ine the e3ecutor or ad"inistrator upon oath with respect to ever& "atter relating to an& account rendered $& hi"0 and shall so e3a"ine hi" as to the correctness of his account $efore the sa"e is allowed0 e3cept when no o$*ection is "ade to the allowance of the account and its correctness is satisfactoril& esta$lished $& co"petent proof. The heirs0

legatees0 distri$utees0 and creditors of the estate shall have the sa"e privilege as the e3ecutor or ad"inistrator of $eing e3a"ined on oath on an& "atter relating to an ad"inistration account. SECTION 1;. Account to be settled on notice. 8efore the account of an e3ecutor or ad"inistrator is allowed0 notice shall $e given to persons interested of the ti"e and place of e3a"ining and allowing the sa"e# and such notice "a& $e given personall& to such persons interested or $& advertise"ent in a newspaper or newspapers0 or $oth0 as the court directs. SECTION 11. Surety on bond may be party to accounting. Bpon the settle"ent of the account of an e3ecutor or ad"inistrator0 a person lia$le as suret& in respect to such account "a&0 upon application0 $e ad"itted as part& to such accounting. RULE 86 &laims Against Estate SECTION 1. %otice to creditors to be issued by court. I""ediatel& after granting letters testa"entar& or of ad"inistration0 the court shall issue a notice re5uiring all persons having "one& clai"s against the decedent to file the" in the office of the cler, of said court. SECTION /. *ime !ithin !hich claims shall be filed. In the notice provided in the preceding section0 the court shall state the ti"e for the filing of clai"s against the estate0 which shall not $e "ore than twelve 1/! nor less than si3 =! "onths after the date of the first pu$lication of the notice. (owever0 at an& ti"e $efore an order of distri$ution is entered0 on application of a creditor who has failed to file his clai" within the ti"e previousl& li"ited0 the court "a&0 for cause shown and on such ter"s as are e5uita$le0 allow such clai" to $e filed within a ti"e not e3ceeding one 1! "onth. SECTION 6. Publication of notice to creditors. Ever& e3ecutor or ad"inistrator shall0 i""ediatel& after the notice to creditors is issued0 cause the sa"e to $e pu$lished three 6! wee,s successivel& in a newspaper of general circulation in the province0 and to $e posted for the sa"e period in four pu$lic places in the province and in two pu$lic places in the "unicipalit& where the decedent last resided. SECTION 7. /iling copy of printed notice. 4ithin ten 1;! da&s after the notice has $een pu$lished and posted in accordance with the preceding section0 the e3ecutor or ad"inistrator shall file or cause to $e filed in the court a printed cop& of the notice acco"panied with an affidavit setting forth the dates of the first and last pu$lication thereof and the na"e of the newspaper in which the sa"e is printed.

SECTION :. &laims !hich must be filed under the notice. ,f not filed) barred# e ceptions. 'll clai"s for "one& against the decedent0 arising fro" contract0 e3press or i"plied0 whether the sa"e $e due0 not due0 or contingent0 all clai"s for funeral e3penses and e3penses for the last sic,ness of the decedent0 and *udg"ent for "one& against the decedent0 "ust $e filed within the ti"e li"ited in the notice# otherwise the& are $arred forever0 e3cept that the& "a& $e set forth as counterclai"s in an& action that the e3ecutor or ad"inistrator "a& $ring against the clai"ants. 4here an e3ecutor or ad"inistrator co""ences an action0 or prosecutes an action alread& co""enced $& the deceased in his lifeti"e0 the de$tor "a& set forth $& answer the clai"s he has against the decedent0 instead of presenting the" independentl& to the court as herein provided0 and "utual clai"s "a& $e set off against each other in such action# and if final *udg"ent is rendered in favor of the defendant0 the a"ount so deter"ined shall $e considered the true $alance against the estate0 as though the clai" had $een presented directl& $efore the court in the ad"inistration proceedings. Clai"s not &et due0 or contingent0 "a& $e approved at their present value. SECTION =. Solidary obligation of decedent. 4here the o$ligation of the decedent is solidar& with another de$tor0 the clai" shall $e filed against the decedent as if he were the onl& de$tor0 without pre*udice to the right of the estate to recover contri$ution fro" the other de$tor. In a *oint o$ligation of the decedent0 the clai" shall $e confined to the portion $elonging to hi". SECTION >. Mortgage debt due from estate. ' creditor holding a clai" against the deceased secured $& "ortgage or other collateral securit&0 "a& a$andon the securit& and prosecute his clai" in the "anner provided in this rule0 and share in the general distri$ution of the assets of the estate# or he "a& foreclose his "ortgage or reali)e upon his securit&0 $& action in court0 "a,ing the e3ecutor or ad"inistrator a part& defendant0 and if there is a *udg"ent for a deficienc&0 after the sale of the "ortgaged pre"ises0 or the propert& pledged0 in the foreclosure or other proceeding to reali)e upon the securit&0 he "a& clai" his deficienc& *udg"ent in the "anner provided in the preceding section# or he "a& rel& upon his "ortgage or other securit& alone0 and foreclose the sa"e at an& ti"e within the period of the statute of li"itations0 and in that event he shall not $e ad"itted as a creditor0 and shall receive no share in the distri$ution of the other assets of the estate# $ut nothing herein contained shall prohi$it the e3ecutor or ad"inistrator fro" redee"ing the propert& "ortgaged or pledged0 $& pa&ing the de$t for which it is held as securit&0 under the direction of the court0 if the court shall ad*udge it to $e for the $est interest of the estate that such rede"ption shall $e "ade. SECTION ?. &laim of e ecutor or administrator against an estate. If the e3ecutor or ad"inistrator has a clai" against the estate he represents0 he shall give notice thereof0 in writing0 to the court0 and the court shall appoint a special ad"inistrator0 who shall0 in the ad*ust"ent of such clai"0 have the sa"e power and $e su$*ect to the sa"e lia$ilit& as the general ad"inistrator or e3ecutor in the settle"ent of other clai"s. The court "a& order

the e3ecutor or ad"inistrator to pa& to the special ad"inistrator necessar& funds to defend such clai". SECTION @. (o! to file a claim. &ontents thereof . %otice to e ecutor or administrator. ' clai" "a& $e filed $& delivering the sa"e with the necessar& vouchers to the cler, of court and $& serving a cop& thereof on the e3ecutor or ad"inistrator. If the clai" $e founded on a $ond0 $ill0 note0 or an& other instru"ent0 the original need not $e filed0 $ut a cop& thereof with all indorse"ents shall $e attached to the clai" and filed therewith. On de"and0 however0 of the e3ecutor or ad"inistrator0 or $& order of the court or *udge0 the original shall $e e3hi$ited0 unless it $e lost or destro&ed0 in which case the clai"ant "ust acco"pan& his clai" with affidavit or affidavits containing a cop& or particular description of the instru"ent and stating its loss or destruction. 4hen the clai" is due0 it "ust $e supported $& affidavit stating the a"ount *ustl& due0 that no pa&"ents have $een "ade thereon which are not credited0 and that there are no offsets to the sa"e0 to the ,nowledge of the affiant. If the clai" is not due0 or is contingent0 when filed0 it "ust also $e supported $& affidavit stating the particulars thereof. 4hen the affidavit is "ade $& a person other than the clai"ant0 he "ust set forth therein the reason wh& it is not "ade $& the clai"ant. The clai" once filed shall $e attached to the record of the case in which the letters testa"entar& or of ad"inistration were issued0 although the court0 in its discretion0 and as a "atter of convenience0 "a& order all the clai"s to $e collected in a separate folder. SECTION 1;. Ans!er of e ecutor or administrator. +ffsets. 4ithin fifteen 1:! da&s after service of a cop& of the clai" on the e3ecutor or ad"inistrator0 he shall file his answer ad"itting or den&ing the clai" specificall&0 and setting forth the su$stance of the "atters which are relied upon to support the ad"ission or denial. If he has no ,nowledge sufficient to ena$le hi" to ad"it or den& specificall&0 he shall state such want of ,nowledge. The e3ecutor or ad"inistrator in his answer shall allege in offset an& clai" which the decedent $efore death had against the clai"ant0 and his failure to do so shall $ar the clai" forever. ' cop& of the answer shall $e served $& the e3ecutor or ad"inistrator on the clai"ant. The court in its discretion "a& e3tend the ti"e for filing such answer. SECTION 11. 'isposition of admitted claim. 'n& clai" ad"itted entirel& $& the e3ecutor or ad"inistrator shall i""ediatel& $e su$"itted $& the cler, to the court who "a& approve the sa"e without hearing# $ut the court0 in its discretion0 $efore approving the clai"0 "a& order that ,nown heirs0 legatees0 or devisees $e notified and heard. If upon hearing0 an heir0 legatee0 or devisee opposes the clai"0 the court "a&0 in its discretion0 allow hi" fifteen 1:! da&s to file an answer to the clai" in the "anner prescri$ed in the preceding section.

SECTION 1/. *rial of contested claim. Bpon the filing of an answer to a clai"0 or upon the e3piration of the ti"e for such filing0 the cler, of court shall set the clai" for trial with notice to $oth parties. The court "a& refer the clai" to a co""issioner. SECTION 16. 0udgment appealable. The *udg"ent of the court approving or disapproving a clai"0 shall $e filed with the record of the ad"inistration proceedings with notice to $oth parties0 and is appeala$le as in ordinar& cases. ' *udg"ent against the e3ecutor or ad"inistrator shall $e that he pa&0 in due course of ad"inistration0 the a"ount ascertained to $e due0 and it shall not create an& lien upon the propert& of the estate0 or give to the *udg"ent creditor an& priorit& of pa&"ent.

SECTION 17. &osts. 4hen the e3ecutor or ad"inistrator0 in his answer0 ad"its and offers to pa& part of a clai"0 and the clai"ant refuses to accept the a"ount offered in satisfaction of his clai"0 if he fails to o$tain a "ore favora$le *udg"ent0 he cannot recover costs0 $ut "ust pa& to the e3ecutor or ad"inistrator costs fro" the ti"e of the offer. 4here an action co""enced against the deceased for "one& has $een discontinued and the clai" e"$raced therein presented as in this rule provided0 the prevailing part& shall $e allowed the costs of his action up to the ti"e of its discontinuance. RULE 87 Actions "y and Against E ecutors and Administrators SECTION 1. Actions !hich may and !hich may not be brought against e ecutor or administrator. No action upon a clai" for the recover& of "one& or de$t or interest thereon shall $e co""enced against the e3ecutor or ad"inistrator# $ut actions to recover real or personal propert&0 or an interest therein0 fro" the estate0 or to enforce a lien thereon0 and actions to recover da"ages for an in*ur& to person or propert&0 real or personal0 "a& $e co""enced against hi". SECTION /. E ecutor or administrator may bring or defend actions !hich survive . 2or the recover& or protection of the propert& or rights of the deceased0 an e3ecutor or ad"inistrator "a& $ring or defend0 in the right of the deceased0 actions for causes which survive. SECTION 6. (eir may not sue until share assigned. 4hen an e3ecutor or ad"inistrator is appointed and assu"es the trust0 no action to recover the title or possession of lands or for da"ages done to such lands shall $e "aintained against hi" $& an heir or devisee until there is an order of the court assigning such lands to such heir or devisee or until the ti"e allowed for pa&ing de$ts has e3pired.

SECTION 7. E ecutor or administrator may compound !ith debtor. 4ith the approval of the court0 an e3ecutor or ad"inistrator "a& co"pound with the de$tor of the deceased for a de$t due0 and "a& give a discharge of such de$t on receiving a *ust dividend of the estate of the de$tor. SECTION :. Mortgage due estate may be foreclosed. ' "ortgage $elonging to the estate of a deceased person0 as "ortgagee or assignee of the right of a "ortgagee0 "a& $e foreclosed $& the e3ecutor or ad"inistrator. SECTION =. Proceedings !hen property concealed) embe11led) or fraudulently conveyed. If an e3ecutor or ad"inistrator0 heir0 legatee0 creditor0 or other individual interested in the estate of the deceased0 co"plains to the court having *urisdiction of the estate that a person is suspected of having concealed0 e"$e))led0 or conve&ed awa& an& of the "one&0 goods0 or chattels of the deceased0 or that such person has in his possession or has ,nowledge of an& deed0 conve&ance0 $ond0 contract0 or other writing which contains evidence of or tends to disclose the right0 title0 interest0 or clai" of the deceased to real or personal estate0 or the last will and testa"ent of the deceased0 the court "a& cite such suspected person to appear $efore it and "a& e3a"ine hi" on oath on the "atter of such co"plaint# and if the person so cited refuses to appear0 or to answer on such e3a"ination or such interrogatories as are put to hi"0 the court "a& punish hi" for conte"pt0 and "a& co""it hi" to prison until he su$"its to the order of the court. The interrogatories put to an& such person0 and his answers thereto0 shall $e in writing and shall $e filed in the cler,9s office. SECTION >. Person entrusted !ith estate compelled to render account. The court0 on co"plaint of an e3ecutor or ad"inistrator0 "a& cite a person entrusted $& an e3ecutor or ad"inistrator with an& part of the estate of the deceased to appear $efore it0 and "a& re5uire such person to render a full account0 on oath0 of the "one&0 goods0 chattels0 $onds0 accounts0 or other papers $elonging to such estate as ca"e to his possession in trust for such e3ecutor or ad"inistrator0 and of his proceedings thereon# and if the person so cited refuses to appear to render such account0 the court "a& punish hi" for conte"pt as having diso$e&ed a lawful order of the court. SECTION ?. Embe11lement before letters issued. If a person0 $efore the granting of letters testa"entar& or of ad"inistration on the estate of the deceased0 e"$e))les or alienates an& of the "one&0 goods0 chattels0 or effects of such deceased0 such person shall $e lia$le to an action in favor of the e3ecutor or ad"inistrator of the estate for dou$le the value of the propert& sold0 e"$e))led0 or alienated0 to $e recovered for the $enefit of such estate.
dctai

SECTION @. Property fraudulently conveyed by deceased may be recovered . When e ecutor or administrator must bring action. 4hen there is a deficienc& of assets in the hands of an e3ecutor or ad"inistrator for the pa&"ent of de$ts and e3penses of

ad"inistration0 and the deceased in his lifeti"e had conve&ed real or personal propert&0 or a right or interest therein0 or a de$t or credit0 with intent to defraud his creditors or to avoid an& right0 de$t0 or dut&# or had so conve&ed such propert&0 right0 interest0 de$t0 or credit that $& law the conve&ance would $e void as against his creditors0 and the su$*ect of the atte"pted conve&ance would $e lia$le to attach"ent $& an& of the" in his lifeti"e0 the e3ecutor or ad"inistrator "a& co""ence and prosecute to final *udg"ent an action for the recover& of such propert&0 right0 interest0 de$t0 or credit for the $enefit of the creditors# $ut he shall not $e $ound to co""ence the action unless on application of the creditors of the deceased0 nor unless the creditors "a,ing the application pa& such part of the costs and e3penses0 or give securit& therefor to the e3ecutor or ad"inistrator0 as the court dee"s e5uita$le. SECTION 1;. When creditor may bring action. #ien for costs. 4hen there is such a deficienc& of assets0 and the deceased in his lifeti"e had "ade or atte"pted such a conve&ance0 as is stated in the last preceding section0 and the e3ecutor or ad"inistrator has not co""enced the action therein provided for0 an& creditor of the estate "a&0 with the per"ission of the court0 co""ence and prosecute to final *udg"ent0 in the na"e of the e3ecutor or ad"inistrator0 a li,e action for the recover& of the su$*ect of the conve&ance or atte"pted conve&ance for the $enefit of the creditors. 8ut the action shall not $e co""enced until the creditor has filed in a court a $ond e3ecuted to the e3ecutor or ad"inistrator0 in an a"ount approved $& the *udge0 conditioned to inde"nif& the e3ecutor or ad"inistrator against the costs and e3penses incurred $& reason of such action. Such creditor shall have a lien upon an& *udg"ent recovered $& hi" in the action for such costs and other e3penses incurred therein as the court dee"s e5uita$le. 4here the conve&ance or atte"pted conve&ance has $een "ade $& the deceased in his lifeti"e in favor of the e3ecutor or ad"inistrator0 the action which a creditor "a& $ring shall $e in the na"e of all the creditors0 and per"ission of the court and filing of $ond as a$ove prescri$ed0 are not necessar&. RULE 88 Payment of the 'ebts of the Estate SECTION 1. 'ebts paid in full if estate sufficient. If0 after hearing all the "one& clai"s against the estate0 and after ascertaining the a"ount of such clai"s0 it appears that there are sufficient assets to pa& the de$ts0 the e3ecutor or ad"inistrator shall pa& the sa"e within the ti"e li"ited for that purpose. SECTION /. Part of estate from !hich debt paid !hen provision made by !ill. If the testator "a,es provision $& his will0 or designates the estate to $e appropriated for the pa&"ent of his de$ts0 the e3penses of ad"inistration0 or the fa"il& e3penses0 the& shall $e paid according to the provisions of the will# $ut if the provision "ade $& the will or the estate appropriated0 is not sufficient for that purpose0 such part of the estate of the testator0 real or personal0 as is not disposed of $& will0 if an&0 shall $e appropriated for that purpose.

SECTION 6. Personalty first chargeable for debts) then realty. The personal estate of the deceased not disposed of $& will shall $e first chargea$le with the pa&"ent of de$ts and e3penses# and if said personal estate is not sufficient for that purpose0 or its sale would redound to the detri"ent of the participants of the estate0 the whole of the real estate not disposed of $& will0 or so "uch thereof as is necessar&0 "a& $e sold0 "ortgaged0 or otherwise encu"$ered for that purpose $& the e3ecutor or ad"inistrator0 after o$taining the authorit& of the court therefor. 'n& deficienc& shall $e "et $& contri$utions in accordance with the provisions of section = of this rule. SECTION 7. Estate to be retained to meet contingent claims. If the court is satisfied that a contingent clai" dul& filed is valid0 it "a& order the e3ecutor or ad"inistrator to retain in his hands sufficient estate to pa& such contingent clai" when the sa"e $eco"es a$solute0 or0 if the estate is insolvent0 sufficient to pa& a portion e5ual to the dividend of the other creditors. SECTION :. (o! contingent claim becoming absolute in t!o years allo!ed and paid. Action against distributees later. If such contingent clai" $eco"es a$solute and is presented to the court0 or to the e3ecutor or ad"inistrator0 within two /! &ears fro" the ti"e li"ited for other creditors to present their clai"s0 it "a& $e allowed $& the court if not disputed $& the e3ecutor or ad"inistrator0 and0 if disputed0 it "a& $e proved and allowed or disallowed $& the court as the facts "a& warrant. If the contingent clai" is allowed0 the creditor shall receive pa&"ent to the sa"e e3tent as the other creditors if the estate retained $& the e3ecutor or ad"inistrator is sufficient. 8ut if the clai" is not so presented0 after having $eco"e a$solute0 within said two /! &ears0 and allowed0 the assets retained in the hands of the e3ecutor or ad"inistrator0 not e3hausted in the pa&"ent of clai"s0 shall $e distri$uted $& the order of the court to the persons entitled to the sa"e# $ut the assets so distri$uted "a& still $e applied to the pa&"ent of the clai" when esta$lished0 and the creditor "a& "aintain an action against the distri$utees to recover the de$t0 and such distri$utees and their estates shall $e lia$le for the de$t in proportion to the estate the& have respectivel& received fro" the propert& of the deceased.

SECTION =. &ourt to fi contributive shares !here devisees) legatees) or heirs have been in possession. 4here devisees0 legatees0 or heirs have entered into possession of portions of the estate $efore the de$ts and e3penses have $een settled and paid0 and have $eco"e lia$le to contri$ute for the pa&"ent of such de$ts and e3penses0 the court having *urisdiction of the estate "a&0 $& order for that purpose0 after hearing0 settle the a"ount of their several lia$ilities0 and order how "uch and in what "anner each person shall contri$ute0 and "a& issue e3ecution as circu"stances re5uire.

SECTION >. +rder of payment if estate insolvent. If the assets which can $e appropriated for the pa&"ent of de$ts are not sufficient for that purpose0 the e3ecutor or ad"inistrator shall pa& the de$ts against the estate0 o$serving the provisions of 'rticles 1;:@ and //6@ to //:1 of the Civil Code. SECTION ?. 'ividends to be paid in proportion to claims. If there are no assets sufficient to pa& the credits of an& one class of creditors after pa&ing the credits entitled to preference over it0 each creditor within such class shall $e paid a dividend in proportion to his clai". No creditor of an& one class shall receive an& pa&"ent until those of the preceding class are paid. SECTION @. Estate of insolvent nonresident) ho! disposed of . In case ad"inistration is ta,en in the 1hilippines of the estate of a person who was at the ti"e of his death an inha$itant of another countr&0 and who died insolvent0 his estate found in the 1hilippines shall0 as far as practica$le0 $e so disposed of that his creditors here and elsewhere "a& receive each an e5ual share0 in proportion to their respective credits. SECTION 1;. When and ho! claim proved outside the Philippines against insolvent resident2s estate paid . If it appears to the court having *urisdiction that clai"s have $een dul& proven in another countr& against the estate of an insolvent who was at the ti"e of his death an inha$itant of the 1hilippines0 and that the e3ecutor or ad"inistrator in the 1hilippines had ,nowledge of the presentation of such clai"s in such countr& and an opportunit& to contest their allowance0 the court shall receive a certified list of such clai"s0 when perfected in such countr&0 and add the sa"e to the list of clai"s proved against the deceased person in the 1hilippines so that a *ust distri$ution of the whole estate "a& $e "ade e5uall& a"ong all its creditors according to their respective clai"s# $ut the $enefit of this and the preceding sections shall not $e e3tended to the creditors in another countr& if the propert& of such deceased person there found is not e5uall& apportioned to the creditors residing in the 1hilippines and the other creditors0 according to their respective clai"s. SECTION 11. +rder for payment of debts. 8efore the e3piration of the ti"e li"ited for the pa&"ent of the de$ts0 the court shall order the pa&"ent thereof0 and the distri$ution of the assets received $& the e3ecutor or ad"inistrator for that purpose a"ong the creditors0 as the circu"stances of the estate re5uire and in accordance with the provisions of this rule. SECTION 1/. +rders relating to payment of debts !here appeal is ta.en. If an appeal has $een ta,en fro" a decision of the court concerning a clai"0 the court "a& suspend the order for the pa&"ent of the de$ts or "a& order the distri$ution a"ong the creditors whose clai"s are definitel& allowed0 leaving in the hands of the e3ecutor or ad"inistrator sufficient assets to pa& the clai" disputed and appealed. 4hen a disputed clai" is finall& settled the court having *urisdiction of the estate shall order the sa"e to $e paid out of the

assets retained to the sa"e e3tent and in the sa"e proportion with the clai"s of other creditors. SECTION 16. When subse-uent distribution of assets ordered. If the whole of the de$ts are not paid on the first distri$ution0 and if the whole assets are not distri$uted0 or other assets afterwards co"e to the hands of the e3ecutor or ad"inistrator0 the court "a& fro" ti"e to ti"e "a,e further orders for the distri$ution of assets. SECTION 17. &reditors to be paid in accordance !ith terms of order. 4hen an order is "ade for the distri$ution of assets a"ong the creditors0 the e3ecutor or ad"inistrator shall0 as soon as the ti"e of pa&"ent arrives0 pa& the creditors the a"ounts of their clai"s0 or the dividend thereon0 in accordance with the ter"s of such order. SECTION 1:. *ime for paying debts and legacies fi ed) or e tended after notice) !ithin !hat periods. On granting letters testa"entar& or ad"inistration the court shall allow to the e3ecutor or ad"inistrator a ti"e for disposing of the estate and pa&ing the de$ts and legacies of the deceased0 which shall not0 in the first instance0 e3ceed one 1! &ear# $ut the court "a&0 on application of the e3ecutor or ad"inistrator and after hearing on such notice of the ti"e and place therefor given to all persons interested as it shall direct0 e3tend the ti"e as the circu"stances of the estate re5uire not e3ceeding si3 =! "onths for a single e3tension nor so that the whole period allowed to the original e3ecutor or ad"inistrator shall e3ceed two /! &ears. SECTION 1=. Successor of dead e ecutor or administrator may have time e tended on notice !ithin certain period. 4hen an e3ecutor or ad"inistrator dies0 and a new ad"inistrator of the sa"e estate is appointed0 the court "a& e3tend the ti"e allowed for the pa&"ent of the de$ts or legacies $e&ond the ti"e allowed to the original e3ecutor or ad"inistrator0 not e3ceeding si3 =! "onths at a ti"e and not e3ceeding si3 =! "onths $e&ond the ti"e which the court "ight have allowed to such original e3ecutor or ad"inistrator# and notice shall $e given of the ti"e and place for hearing such application0 as re5uired in the last preceding section. RULE 89 Sales) Mortgages) and +ther Encumbrances of Property of 'ecedent SECTION 1. +rder of sale of personalty. Bpon the application of the e3ecutor or ad"inistrator0 and on written notice to the heirs and other persons interested0 the court "a& order the whole or a part of the personal estate to $e sold0 if it appears necessar& for the purpose of pa&ing de$ts0 e3penses of ad"inistration0 or legacies0 or for the preservation of the propert&. SECTION /. When court may authori1e sale) mortgage) or other encumbrance of realty to pay debts and legacies through personalty not e hausted. 4hen the personal estate of the deceased is not sufficient to pa& the de$ts0 e3penses of ad"inistration0 and

legacies0 or where the sale of such personal estate "a& in*ure the $usiness or other interests of those interested in the estate0 and where a testator has not otherwise "ade sufficient provision for the pa&"ent of such de$ts0 e3penses0 and legacies0 the court0 on the application of the e3ecutor or ad"inistrator and on written notice to the heirs0 devisees0 and legatees residing in the 1hilippines0 "a& authori)e the e3ecutor or ad"inistrator to sell0 "ortgage0 or otherwise encu"$er so "uch as "a& $e necessar& of the real estate0 in lieu of personal estate0 for the purpose of pa&ing such de$ts0 e3penses0 and legacies0 if it clearl& appears that such sale0 "ortgage0 or encu"$rance would $e $eneficial to the persons interested# and if a part cannot $e sold0 "ortgaged0 or otherwise encu"$ered without in*ur& to those interested in the re"ainder0 the authorit& "a& $e for the sale0 "ortgage0 or other encu"$rance of the whole of such real estate0 or so "uch thereof as is necessar& or $eneficial under the circu"stances. SECTION 6. Persons interested may prevent such sale) etc.0 by giving bond. No such authorit& to sell0 "ortgage0 or otherwise encu"$er real or personal estate shall $e granted if an& person interested in the estate gives a $ond0 in a su" to $e fi3ed $& the court0 conditioned to pa& the de$ts0 e3penses of ad"inistration0 and legacies within such ti"e as the court directs# and such $ond shall $e for the securit& of the creditors0 as well as of the e3ecutor or ad"inistrator0 and "a& $e prosecuted for the $enefit of either. SECTION 7. When court may authori1e sale of estate as beneficial to interested persons. 'isposal of proceeds. 4hen it appears that the sale of the whole or a part of the real or personal estate0 will $e $eneficial to the heirs0 devisees0 legatees0 and other interested persons0 the court "a&0 upon application of the e3ecutor or ad"inistrator and on written notice to the heirs0 devisees0 and legatees who are interested in the estate to $e sold0 authori)e the e3ecutor or ad"inistrator to sell the whole or a part of said estate0 although not necessar& to pa& de$ts0 legacies0 or e3penses of ad"inistration# $ut such authorit& shall not $e granted if inconsistent with the provisions of a will. In case of such sale0 the proceeds shall $e assigned to the persons entitled to the estate in the proper proportions. SECTION :. When court may authori1e sale) mortgage) or other encumbrance of estate to pay debts and legacies in other countries. 4hen the sale of personal estate0 or the sale0 "ortgage0 or other encu"$rance of real estate is not necessar& to pa& the de$ts0 e3penses of ad"inistration0 or legacies in the 1hilippines0 $ut it appears fro" records and proceedings of a pro$ate court in another countr& that the estate of the deceased in such other countr& is not sufficient to pa& the de$ts0 e3penses of ad"inistration0 and legacies there0 the court here "a& authori)e the e3ecutor or ad"inistrator to sell the personal estate or to sell0 "ortgage0 or otherwise encu"$er the real estate for the pa&"ent of de$ts or legacies in the other countr&0 in the sa"e "anner as for the pa&"ent of de$ts or legacies in the 1hilippines. SECTION =. When court may authori1e sale) mortgage) or other encumbrance of realty ac-uired on e ecution or foreclosure. The court "a& authori)e an e3ecutor or

ad"inistrator to sell0 "ortgage0 or otherwise encu"$er real estate ac5uired $& hi" on e3ecution or foreclosure sale0 under the sa"e circu"stances and under the sa"e regulations as prescri$ed in this rule for the sale0 "ortgage0 or other encu"$rance of other real estate.

SECTION >. Regulations for granting authority to sell) mortgage) or other!ise encumber estate. The court having *urisdiction of the estate of the deceased "a& authori)e the e3ecutor or ad"inistrator to sell personal estate0 or to sell0 "ortgage0 or otherwise encu"$er real estate0 in cases provided $& these rules and when it appears necessar& or $eneficial0 under the following regulations: a! The e3ecutor or ad"inistrator shall file a written petition setting forth the de$ts due fro" the deceased0 the e3penses of ad"inistration0 the legacies0 the value of the personal estate0 the situation of the estate to $e sold0 "ortgaged0 or otherwise encu"$ered0 and such other facts as show that the sale0 "ortgage0 or other encu"$rance is necessar& or $eneficial# $! The court shall thereupon fi3 a ti"e and place for hearing such petition0 and cause notice stating the nature of the petition0 the reason for the sa"e0 and the ti"e and place of hearing0 to $e given personall& or $& "ail to the persons interested0 and "a& cause such further notice to $e given0 $& pu$lication or otherwise0 as it shall dee" proper# c! If the court re5uires it0 the e3ecutor or ad"inistrator shall give an additional $ond0 in such su" as the court directs0 conditioned that such e3ecutor or ad"inistrator will account for the proceeds of the sale0 "ortgage0 or other encu"$rance# d! If the re5uire"ents in the preceding su$divisions of this section have $een co"plied with0 the court0 $& order stating such co"pliance0 "a& authori)e the e3ecutor or ad"inistrator to sell0 "ortgage0 or otherwise encu"$er0 in proper cases0 such part of the estate as is dee"ed necessar&0 and in case of sale the court "a& authori)e it to $e pu$lic or private0 as would $e "ost $eneficial to all parties concerned. The e3ecutor or ad"inistrator shall $e furnished with a certified cop& of such order#

e! If the estate is to $e sold at auction0 the "ode of giving notice of the ti"e and place of the sale shall $e governed $& the provisions concerning notice of e3ecution sale# f! There shall $e recorded in the registr& of deeds of the province in which the real estate thus sold0 "ortgaged0 or otherwise encu"$ered is situated0 a certified cop& of the order of the court0 together with the deed of the e3ecutor or ad"inistrator for such real estate0 which shall $e as valid as if the deed had $een e3ecuted $& the deceased in his lifeti"e. SECTION ?. When court may authori1e conveyance of realty !hich deceased contracted to convey. %otice. Effect of deed. 4here the deceased was in his lifeti"e under contract0 $inding in law0 to deed real propert&0 or an interest therein0 the court having *urisdiction of the estate "a&0 on application for that purpose0 authori)e the e3ecutor or ad"inistrator to conve& such propert& according to such contract0 or with such "odifications as are agreed upon $& the parties and approved $& the court# and if the contract is to conve& real propert& to the e3ecutor or ad"inistrator0 the cler, of the court shall e3ecute the deed. The deed e3ecuted $& such e3ecutor0 ad"inistrator0 or cler, of court shall $e as effectual to conve& the propert& as if e3ecuted $& the deceased in his lifeti"e# $ut no such conve&ance shall $e authori)ed until notice of the application for that purpose has $een given personall& or $& "ail to all persons interested0 and such further notice has $een given0 $& pu$lication or otherwise0 as the court dee"s proper# nor if the assets in the hands of the e3ecutor or ad"inistrator will there$& $e reduced so as to prevent a creditor fro" receiving his full de$t or di"inish his dividend. SECTION @. When court may authori1e conveyance of lands !hich deceased held in trust. 4here the deceased in his lifeti"e held real propert& in trust for another person0 the court "a&0 after notice given as re5uired in the last preceding section0 authori)e the e3ecutor or ad"inistrator to deed such propert& to the person0 or his e3ecutor or ad"inistrator0 for whose use and $enefit it was so held# and the court "a& order the e3ecution of such trust0 whether created $& deed or $& law. RULE 90 'istribution and Partition of the Estate SECTION 1. When order for distribution of residue made. 4hen the de$ts0 funeral charges0 and e3penses of ad"inistration0 the allowance to the widow0 and inheritance ta30 if an&0 chargea$le to the estate in accordance with law0 have $een paid0 the court0 on the application of the e3ecutor or ad"inistrator0 or of a person interested in the estate0 and after hearing upon notice0 shall assign the residue of the estate to the persons entitled to the sa"e0 na"ing the" and the proportions0 or parts0 to which each is entitled0 and such persons "a& de"and and recover their respective shares fro" the e3ecutor or ad"inistrator0 or an& other person having the sa"e in his

possession. If there is a controvers& $efore the court as to who are the lawful heirs of the deceased person or as to the distri$utive shares to which each person is entitled under the law0 the controvers& shall $e heard and decided as in ordinar& cases. No distri$ution shall $e allowed until the pa&"ent of the o$ligations a$ove "entioned has $een "ade or provided for0 unless the distri$utees0 or an& of the"0 give a $ond0 in a su" to $e fi3ed $& the court0 conditioned for the pa&"ent of said o$ligations within such ti"e as the court directs. SECTION /. 3uestions as to advancement to be determined. Cuestions as to advance"ent "ade0 or alleged to have $een "ade0 $& the deceased to an& heir "a& $e heard and deter"ined $& the court having *urisdiction of the estate proceedings# and the final order of the court thereon shall $e $inding on the person raising the 5uestions and on the heir. SECTION 6. "y !hom e penses of partition paid. If at the ti"e of the distri$ution the e3ecutor or ad"inistrator has retained sufficient effects in his hands which "a& lawfull& $e applied for the e3penses of partition of the properties distri$uted0 such e3penses of partition "a& $e paid $& such e3ecutor or ad"inistrator when it appears e5uita$le to the court and not inconsistent with the intention of the testator# otherwise0 the& shall $e paid $& the parties in proportion to their respective shares or interest in the pre"ises0 and the apportion"ent shall $e settled and allowed $& the court0 and0 if an& person interested in the partition does not pa& his proportion or share0 the court "a& issue an e3ecution in the na"e of the e3ecutor or ad"inistrator against the part& not pa&ing for the su" assessed. SECTION 7. Recording the order of partition of estate. Certified copies of final orders and *udg"ents of the court relating to the real estate or the partition thereof shall $e recorded in the registr& of deeds of the province where the propert& is situated. RULE 91 Escheats SECTION 1. When and by !hom petition filed. 4hen a person dies intestate0 sei)ed of real or personal propert& in the 1hilippines0 leaving no heir or person $& law entitled to the sa"e0 the Solicitor %eneral or his representative in $ehalf of the Repu$lic of the 1hilippines0 "a& file a petition in the Court of 2irst Instance of the province where the deceased last resided or in which he had estate0 if he resided out of the 1hilippines0 setting forth the facts0 and pra&ing that the estate of the deceased $e declared escheated. SECTION /. +rder for hearing. If the petition is sufficient in for" and su$stance0 the court0 $& an order reciting the purpose of the petition0 shall fi3 a date and place for the hearing thereof0 which date shall $e not "ore than si3 =! "onths after the entr& of the

order0 and shall direct that a cop& of the order $e pu$lished $efore the hearing at least once a wee, for si3 =! successive wee,s in so"e newspaper of general circulation pu$lished in the province0 as the court shall dee" $est. SECTION 6. (earing and judgment. Bpon satisfactor& proof in open court on the date fi3ed in the order that such order has $een pu$lished as directed and that the person died intestate0 sei)ed of real or personal propert& in the 1hilippines0 leaving no heir or person entitled to the sa"e0 and no sufficient cause $eing shown to the contrar&0 the court shall ad*udge that the estate of the deceased in the 1hilippines0 after the pa&"ent of *ust de$ts and charges0 shall escheat# and shall0 pursuant to law0 assign the personal estate to the "unicipalit& or cit& where he last resided in the 1hilippines0 and the real estate to the "unicipalities or cities0 respectivel&0 in which the sa"e is situated. If the deceased never resided in the 1hilippines0 the whole estate "a& $e assigned to the respective "unicipalities or cities where the sa"e is located. Such estate shall $e for the $enefit of pu$lic schools0 and pu$lic charita$le institutions and centers in said "unicipalities or cities. The court0 at the instance of an interested part&0 or on its own "otion0 "a& order the esta$lish"ent of a per"anent trust0 so that onl& the inco"e fro" the propert& shall $e used. SECTION 7. When and by !hom claim to estate filed. If a devisee0 legatee0 heir0 widow0 widower or other person entitled to such estate appears and files a clai" thereto with the court within five :! &ears fro" the date of such *udg"ent0 such person shall have possession of and title to the sa"e0 or if sold0 the "unicipalit& or cit& shall $e accounta$le to hi" for the proceeds0 after deducting reasona$le charges for the care of the estate# $ut a clai" not "ade within said ti"e shall $e forever $arred.
pre";:cd

SECTION :. +ther actions for escheat. Bntil otherwise provided $& law0 actions for reversion or escheat of properties alienated in violation of the Constitution or of an& statute shall $e governed $& this rule0 e3cept that the action shall $e instituted in the province where the land lies in whole or in part. GENERAL GUARDIANS AND GUARDIANSHIP RULE 92 Venue SECTION 1. Where to institute proceedings. %uardianship of the person or estate of a "inor or inco"petent "a& $e instituted in the Court of 2irst Instance of the province0 or in the *ustice of the peace court of the "unicipalit&0 or in the "unicipal court of the chartered cit& where the "inor or inco"petent person resides0 and if he resides in a foreign countr&0 in the Court of 2irst Instance of the province wherein his propert& or part thereof is situated# provided0 however0 that where the value of the propert& of such "inor or inco"petent e3ceeds the *urisdiction of the *ustice of the

peace or "unicipal court0 the proceedings shall $e instituted in the Court of 2irst Instance.

In the Cit& of Danila the proceedings shall $e instituted in the -uvenile and .o"estic Relations Court. SECTION /. Meaning of !ord Eincompetent.E Bnder this rule0 the word Einco"petentE includes persons suffering the penalt& of civil interdiction or who are hospitali)ed lepers0 prodigals0 deaf and du"$ who are una$le to read and write0 those who are of unsound "ind0 even though the& have lucid intervals0 and persons not $eing of unsound "ind0 $ut $& reason of age0 disease0 wea, "ind0 and other si"ilar causes0 cannot0 without outside aid0 ta,e care of the"selves and "anage their propert&0 $eco"ing there$& an eas& pre& for deceit and e3ploitation. SECTION 6. *ransfer of venue. The court ta,ing cogni)ance of a guardianship proceeding0 "a& transfer the sa"e to the court of another province or "unicipalit& wherein the ward has ac5uired real propert&0 if he has transferred thereto his bona4fide residence0 and the latter court shall have full *urisdiction to continue the proceedings0 without re5uiring pa&"ent of additional court fees.
cda

RULE 93 Appointment of Guardians SECTION 1. Who may petition for appointment of guardian for resident. 'n& relative0 friend0 or other person on $ehalf of a resident "inor or inco"petent who has no parent or lawful guardian0 or the "inor hi"self if fourteen &ears of age or over0 "a& petition the court having *urisdiction for the appoint"ent of a general guardian for the person or estate0 or $oth0 of such "inor or inco"petent. 'n officer of the 2ederal 'd"inistration of the Bnited States in the 1hilippines "a& also file a petition in favor of a ward thereof0 and the .irector of (ealth0 in favor of an insane person who should $e hospitali)ed0 or in favor of an isolated leper. SECTION /. &ontents of petition. ' petition for the appoint"ent of a general guardian "ust show0 so far as ,nown to the petitioner: a! The *urisdictional facts# $! The "inorit& or inco"petenc& rendering the appoint"ent necessar& or convenient# c! The na"es0 ages0 and residences of the relatives of the "inor or inco"petent0 and of the persons having hi" in their care#

d! The pro$a$le value and character of his estate# e! The na"e of the person for who" letters of guardianship are pra&ed. The petition shall $e verified# $ut no defect in the petition or verification shall render void the issuance of letters of guardianship. SECTION 6. &ourt to set time for hearing. %otice thereof . 4hen a petition for the appoint"ent of a general guardian is filed0 the court shall fi3 a ti"e and place for hearing the sa"e0 and shall cause reasona$le notice thereof to $e given to the persons "entioned in the petition residing in the province0 including the "inor if a$ove 17 &ears of age or the inco"petent hi"self0 and "a& direct other general or special notice thereof to $e given. SECTION 7. +pposition to petition. 'n& interested person "a&0 $& filing a written opposition0 contest the petition on the ground of "a*orit& of the alleged "inor0 co"petenc& of the alleged inco"petent0 or the unsuita$ilit& of the person for who" letters are pra&ed0 and "a& pra& that the petition $e dis"issed0 or that letters of guardianship issue to hi"self0 or to an& suita$le person na"ed in the opposition. SECTION :. (earing and order for letters to issue. 't the hearing of the petition the alleged inco"petent "ust $e present if a$le to attend0 and it "ust $e shown that the re5uired notice has $een given. Thereupon the court shall hear the evidence of the parties in support of their respective allegations0 and0 if the person in 5uestion is a "inor0 or inco"petent it shall appoint a suita$le guardian of his person or estate0 or $oth0 with the powers and duties hereinafter specified. SECTION =. When and ho! guardian for nonresident appointed. %otice. 4hen a person lia$le to $e put under guardianship resides without the 1hilippines $ut has estate therein0 an& relative or friend of such person0 or an& one interested in his estate0 in e3pectanc& or otherwise0 "a& petition a court having *urisdiction for the appoint"ent of a guardian for the estate0 and if0 after notice given to such person and in such "anner as the court dee"s proper0 $& pu$lication or otherwise0 and hearing0 the court is satisfied that such nonresident is a "inor or inco"petent rendering a guardian necessar& or convenient0 it "a& appoint a guardian for such estate. SECTION >. Parents as guardians. 4hen the propert& of the child under parental authorit& is worth two thousand pesos or less0 the father or the "other0 without the necessit& of court appoint"ent0 shall $e his legal guardian. 4hen the propert& of the child is worth "ore than two thousand pesos0 the father or the "other shall $e considered guardian of the child9s propert&0 with the duties and o$ligations of guardians under these rules0 and shall file the petition re5uired $& section / hereof. 2or good reasons the court "a&0 however0 appoint another suita$le person.

SECTION ?. Service of judgment. 2inal orders or *udg"ents under this rule shall $e served upon the civil registrar of the "unicipalit& or cit& where the "inor or inco"petent person resides or where his propert& or part thereof is situated. RULE 94 "onds of Guardians SECTION 1. "ond to be given before issuance of letters. Amount. &onditions. 8efore a guardian appointed enters upon the e3ecution of his trust0 or letters of guardianship issue0 he shall give a $ond0 in such su" as the court directs0 conditioned as follows: a! To "a,e and return to the court0 within three 6! "onths0 a true and co"plete inventor& of all the estate0 real and personal0 of his ward which shall co"e to his possession or ,nowledge or to the possession or ,nowledge of an& other person for hi"# $! To faithfull& e3ecute the duties of his trust0 to "anage and dispose of the estate according to these rules for the $est interests of the ward0 and to provide for the proper care0 custod&0 and education of the ward# c! To render a true and *ust account of all the estate of the ward in his hands0 and of all proceeds or interest derived therefro"0 and of the "anage"ent and disposition of the sa"e0 at the ti"e designated $& these rules and such other ti"es as the court directs# and at the e3piration of his trust to settle his accounts with the court and deliver and pa& over all the estate0 effects0 and "one&s re"aining in his hands0 or due fro" hi" on such settle"ent0 to the person lawfull& entitled thereto# d! To perfor" all orders of the court $& hi" to $e perfor"ed. SECTION /. When ne! bond may be re-uired and old sureties discharged. 4henever it is dee"ed necessar&0 the court "a& re5uire a new $ond to $e given $& the guardian0 and "a& discharge the sureties on the old $ond fro" further lia$ilit&0 after due notice to interested persons0 when no in*ur& can result therefro" to those interested in the estate. SECTION 6. "onds to be filed. Actions thereon. Ever& $ond given $& a guardian shall $e filed in the office of the cler, of the court0 and0 in case of the $reach of a condition thereof0 "a& $e prosecuted in the sa"e proceeding or in a separate action for the use and $enefit of the ward or of an& other person legall& interested in the estate. RULE 95

Selling and Encumbering Property of Ward SECTION 1. Petition of guardian for leave to sell or encumber estate. 4hen the inco"e of an estate under guardianship is insufficient to "aintain the ward and his fa"il&0 or to "aintain and educate the ward when a "inor0 or when it appears that it is for the $enefit of the ward that his real estate or so"e part thereof $e sold0 or "ortgaged or otherwise encu"$ered0 and the proceeds thereof put out at interest0 or invested in so"e productive securit&0 or in the i"prove"ent or securit& of other real estate of the ward0 the guardian "a& present a verified petition to the court $& which he was appointed setting forth such facts0 and pra&ing that an order issue authori)ing the sale or encu"$rance. SECTION /. +rder to sho! cause thereupon. If it see"s pro$a$le that such sale or encu"$rance is necessar&0 or would $e $eneficial to the ward0 the court shall "a,e an order directing the ne3t of ,in of the ward0 and all persons interested in the estate0 to appear at a reasona$le ti"e and place therein specified to show cause wh& the pra&er of the petition should not $e granted. SECTION 6. (earing on return of order. &osts. 't the ti"e and place designated in the order to show cause0 the court shall hear the proofs and allegations of the petitioner and ne3t of ,in0 and other persons interested0 together with their witnesses0 and grant or refuse the pra&er of the petition as the $est interests of the ward re5uire. The court shall "a,e such order as to costs of the hearing as "a& $e *ust. SECTION 7. &ontents of order for sale or encumbrance) and ho! long effective . "ond. If0 after full e3a"ination0 it appears that it is necessar&0 or would $e $eneficial to the ward0 to sell or encu"$er the estate0 or so"e portion of it0 the court shall order such sale or encu"$rance and that the proceeds thereof $e e3pended for the "aintenance of the ward and his fa"il&0 or the education of the ward0 if a "inor0 or for the putting of the sa"e out at interest0 or the invest"ent of the sa"e as the circu"stances "a& re5uire. The order shall specif& the causes wh& the sale or encu"$rance is necessar& or $eneficial0 and "a& direct that estate ordered sold $e disposed of at either pu$lic or private sale0 su$*ect to such conditions as to the ti"e and "anner of pa&"ent0 and securit& where a part of the pa&"ent is deferred0 as in the discretion of the court are dee"ed "ost $eneficial to the ward. The original $ond of the guardian shall stand as securit& for the proper appropriation of the proceeds of the sale0 $ut the *udge "a&0 if dee"ed e3pedient0 re5uire an additional $ond as a condition for the granting of the order of sale. No order of sale granted in pursuance of this section shall continue in force "ore than one 1! &ear after granting the sa"e0 without a sale $eing had.

SECTION :. &ourt may order investment of proceeds and direct management of estate. The court "a& authori)e and re5uire the guardian to invest the proceeds

of sales or encu"$rances0 and an& other of his ward9s "one& in his hands0 in real estate or otherwise0 as shall $e for the $est interest of all concerned0 and "a& "a,e such other orders for the "anage"ent0 invest"ent0 and disposition of the estate and effects0 as circu"stances "a& re5uire. RULE 96 General Po!ers and 'uties of Guardians SECTION 1. *o !hat guardianship shall e tend. ' guardian appointed shall have the care and custod& of the person of his ward0 and the "anage"ent of his estate0 or the "anage"ent of the estate onl&0 as the case "a& $e. The guardian of the estate of a nonresident shall have the "anage"ent of all the estate of the ward within the 1hilippines0 and no court other than that in which such guardian was appointed shall have *urisdiction over the guardianship. SECTION /. Guardian to pay debts of !ard. Ever& guardian "ust pa& the ward9s *ust de$ts out of his personal estate and the inco"e of his real estate0 if sufficient# if not0 then out of his real estate upon o$taining an order for the sale or encu"$rance thereof. SECTION 6. Guardian to settle accounts) collect debts) and appear in actions for !ard . ' guardian "ust settle all accounts of his ward0 and de"and0 sue for0 and receive all de$ts due hi"0 or "a&0 with the approval of the court0 co"pound for the sa"e and give discharges to the de$tor0 on receiving a fair and *ust dividend of the estate and effects# and he shall appear for and represent his ward in all actions and special proceedings0 unless another person $e appointed for that purpose. SECTION 7. Estate to be managed frugally) and proceeds applied to maintenance of !ard. ' guardian "ust "anage the estate of his ward frugall& and without waste0 and appl& the inco"e and profits thereof0 so far as "a& $e necessar&0 to the co"forta$le and suita$le "aintenance of the ward and his fa"il&0 if there $e an&# and if such inco"e and profits $e insufficient for that purpose0 the guardian "a& sell or encu"$er the real estate0 upon $eing authori)ed $& order so to do0 and appl& so "uch of the proceeds as "a& $e necessar& to such "aintenance. SECTION :. Guardian may be authori1ed to join in partition proceedings after hearing. The court "a& authori)e the guardian to *oin in an assent to a partition of real or personal estate held $& the ward *ointl& or in co""on with others0 $ut such authorit& shall onl& $e granted after hearing0 upon such notice to relatives of the ward as the court "a& direct0 and a careful investigation as to the necessit& and propriet& of the proposed action. SECTION =. Proceedings !hen person suspected of embe11ling or concealing property of !ard. Bpon co"plaint of the guardian or ward0 or of an& person having actual or prospective interest in the estate of the ward as creditor0 heir0 or otherwise0 that an&one is

suspected of having e"$e))led0 concealed0 or conve&ed awa& an& "one&0 goods0 or interest0 or a written instru"ent0 $elonging to the ward or his estate0 the court "a& cite the suspected person to appear for e3a"ination touching such "one&0 goods0 interest0 or instru"ent0 and "a,e such orders as will secure the estate against such e"$e))le"ent0 conceal"ent or conve&ance. SECTION >. ,nventories and accounts of guardians) and appraisement of estates. ' guardian "ust render to the court an inventor& of the estate of his ward within three 6! "onths after his appoint"ent0 and annuall& after such appoint"ent an inventor& and account0 the rendition of an& of which "a& $e co"pelled upon the application of an interested person. Such inventories and accounts shall $e sworn to $& the guardian. 'll the estate of the ward descri$ed in the first inventor& shall $e appraised. In the appraise"ent the court "a& re5uest the assistance of one or "ore of the inheritance ta3 appraisers. 'nd whenever an& propert& of the ward not included in an inventor& alread& rendered is discovered0 or succeeded to0 or ac5uired $& the ward0 li,e proceedings shall $e had for securing an inventor& and appraise"ent thereof within three 6! "onths after such discover&0 succession0 or ac5uisition. SECTION ?. When guardian2s accounts presented for settlement. E penses and compensation allo!ed. Bpon the e3piration of a &ear fro" the ti"e of his appoint"ent0 and as often thereafter as "a& $e re5uired0 a guardian "ust present his account to the court for settle"ent and allowance. In the settle"ent of the account0 the guardian0 other than a parent0 shall $e allowed the a"ount of his reasona$le e3penses incurred in the e3ecution of his trust and also such co"pensation for his services as the court dee"s *ust0 not e3ceeding fifteen per centum of the net inco"e of the ward. RULE 97 *ermination of Guardianship SECTION 1. Petition that competency of !ard be adjudged) and proceedings thereupon. ' person who has $een declared inco"petent for an& reason0 or his guardian0 relative0 or friend0 "a& petition the court to have his present co"petenc& *udiciall& deter"ined. The petition shall $e verified $& oath0 and shall state that such person is then co"petent. Bpon receiving the petition0 the court shall fi3 a ti"e for hearing the 5uestions raised there$&0 and cause reasona$le notice thereof to $e given to the guardian of the person so declared inco"petent0 and to the ward. On the trial0 the guardian or relatives of the ward0 and0 in the discretion of the court0 an& other person0 "a& contest the right to the relief de"anded0 and witnesses "a& $e called and e3a"ined $& the parties or $& the court on its own "otion. If it $e found that the person is no longer inco"petent0 his co"petenc& shall $e ad*udged and the guardianship shall cease. SECTION /. When guardian removed or allo!ed to resign. %e! appointment. 4hen a guardian $eco"es insane or otherwise incapa$le of discharging his trust or unsuita$le

therefor0 or has wasted or "is"anaged the estate0 or failed for thirt& 6;! da&s after it is due to render an account or "a,e a return0 the court "a&0 upon reasona$le notice to the guardian0 re"ove hi"0 and co"pel hi" to surrender the estate of the ward to the person found to $e lawfull& entitled thereto. ' guardian "a& resign when it appears proper to allow the sa"e# and upon his resignation or re"oval the court "a& appoint another in his place. SECTION 6. +ther termination of guardianship. The "arriage or voluntar& e"ancipation of a "inor ward ter"inates the guardianship of the person of the ward0 and shall ena$le the "inor to ad"inister his propert& as though he were of age0 $ut he cannot $orrow "one& or alienate or encu"$er real propert& without the consent of his father or "other0 or guardian. (e can sue and $e sued in court onl& with the assistance of his father0 "other or guardian. The guardian of an& person "a& $e discharged $& the court when it appears0 upon the application of the ward or otherwise0 that the guardianship is no longer necessar&. SECTION 7. Record to be .ept by the justice of the peace or municipal judge. 4hen a *ustice of the peace or "unicipal court ta,es cogni)ance of the proceedings in pursuance of the provisions of these rules0 the record of the proceedings shall $e ,ept as in the court of first instance. SECTION :. Service of judgment. 2inal orders or *udg"ents under this rule shall $e served upon the civil registrar of the "unicipalit& or cit& where the "inor or inco"petent person resides or where his propert& or part thereof is situated. RULE 98 *rustees SECTION 1. Where trustee appointed. ' trustee necessar& to carr& into effect the provisions of a will or written instru"ent shall $e appointed $& the Court of 2irst Instance in which the will was allowed0 if it $e a will allowed in the 1hilippines0 otherwise $& the Court of 2irst Instance of the province in which the propert&0 or so"e portion thereof0 affected $& the trust is situated. SECTION /. Appointment and po!ers of trustee under !ill. E ecutor of former trustee need not administer trust. If a testator has o"itted in his will to appoint a trustee in the 1hilippines0 and if such appoint"ent is necessar& to carr& into effect the provisions of the will0 the proper Court of 2irst Instance "a&0 after notice to all persons interested0 appoint a trustee who shall have the sa"e rights0 powers0 and duties0 and in who" the estate shall vest0 as if he had $een appointed $& the testator. No person succeeding to a trust as e3ecutor or ad"inistrator of a for"er trustee shall $e re5uired to accept such trust. SECTION 6. Appointment and po!ers of ne! trustee under !ritten instrument. 4hen a trustee under a written instru"ent declines0 resigns0 dies0 or is re"oved $efore the

o$*ects of the trust are acco"plished0 and no ade5uate provision is "ade in such instru"ent for suppl&ing the vacanc&0 the proper Court of 2irst Instance "a&0 after due notice to all persons interested0 appoint a new trustee to act alone or *ointl& with the others0 as the case "a& $e. Such new trustee shall have and e3ercise the sa"e powers0 rights0 and duties as if he had $een originall& appointed0 and the trust estate shall vest in hi" in li,e "anner as it had vested or would have vested0 in the trustee in whose place he is su$stituted# and the court "a& order such conve&ance to $e "ade $& the for"er trustee or his representatives0 or $& the other re"aining trustees0 as "a& $e necessar& or proper to vest the trust estate in the new trustee0 either alone or *ointl& with the others. SECTION 7. Proceedings !here trustee appointed abroad. 4hen land in the 1hilippines is held in trust for persons resident here $& a trustee who derives his authorit& fro" without the 1hilippines0 such trustee shall0 on petition filed in the Court of 2irst Instance of the province where the land is situated0 and after due notice to all persons interested0 $e ordered to appl& to the court for appoint"ent as trustee# and upon his neglect or refusal to co"pl& with such order0 the court shall declare such trust vacant0 and shall appoint a new trustee in who" the trust estate shall vest in li,e "anner as if he had $een originall& appointed $& such court.

SECTION :. *rustee must file bond. 8efore entering on the duties of his trust0 a trustee shall file with the cler, of the court having *urisdiction of the trust a $ond in the a"ount fi3ed $& the *udge of said court0 pa&a$le to the %overn"ent of the 1hilippines and sufficient and availa$le for the protection of an& part& in interest0 and a trustee who neglects to file such $ond shall $e considered to have declined or resigned the trust# $ut the court "a& until further order e3e"pt a trustee under a will fro" giving a $ond when the testator has directed or re5uested such e3e"ption0 and "a& so e3e"pt an& trustee when all persons $eneficiall& interested in the trust0 $eing of full age0 re5uest the e3e"ption. Such e3e"ption "a& $e cancelled $& the court at an& ti"e0 and the trustee re5uired to forthwith file a $ond. SECTION =. &onditions included in bond. The following conditions shall $e dee"ed to $e a part of the $ond whether written therein or not: a! That the trustee will "a,e and return to the court0 at such ti"e as it "a& order0 a true inventor& of all the real and personal estate $elonging to hi" as trustee0 which at the ti"e of the "a,ing of such inventor& shall have co"e to his possession or ,nowledge# $! That he will "anage and dispose of all such estate0 and faithfull& discharge his trust in relation thereto0 according to law and the will

of the testator or the provisions of the instru"ent or order under which he is appointed# c! That he will render upon oath at least once a &ear until his trust is fulfilled0 unless he is e3cused therefro" in an& &ear $& the court0 a true account of the propert& in his hands and of the "anage"ent and disposition thereof0 and will render such other accounts as the court "a& order# d! That at the e3piration of his trust he will settle his accounts in court and pa& over and deliver all the estate re"aining in his hands0 or due fro" hi" on such settle"ent0 to the person or persons entitled thereto. 8ut when the trustee is appointed as a successor to a prior trustee0 the court "a& dispense with the "a,ing and return of an inventor&0 if one has alread& $een filed0 and in such case the condition of the $ond shall $e dee"ed to $e altered accordingl&. SECTION >. Appraisal. &ompensation of trustee. 4hen an inventor& is re5uired to $e returned $& a trustee0 the estate and effects $elonging to the trust shall $e appraised and the court "a& order one or "ore inheritance ta3 appraisers to assist in the appraise"ent. The co"pensation of the trustee shall $e fi3ed $& the court0 if it $e not deter"ined in the instru"ent creating the trust. SECTION ?. Removal or resignation of trustee. The proper Court of 2irst Instance "a&0 upon petition of the parties $eneficiall& interested and after due notice to the trustee and hearing0 re"ove a trustee if such re"oval appears essential in the interests of the petitioners. The court "a& also0 after due notice to all persons interested0 re"ove a trustee who is insane or otherwise incapa$le of discharging his trust or evidentl& unsuita$le therefor. ' trustee0 whether appointed $& the court or under a written instru"ent0 "a& resign his trust if it appears to the court proper to allow such resignation. SECTION @. Proceedings for sale or encumbrance of trust estate. 4hen the sale or encu"$rance of an& real or personal estate held in trust is necessar& or e3pedient0 the court having *urisdiction of the trust "a&0 on petition and after due notice and hearing0 order such sale or encu"$rance to $e "ade0 and the reinvest"ent and application of the proceeds thereof in such "anner as will $est effect the o$*ects of the trust. The petition0 notice0 hearing0 order of sale or encu"$rance0 and record of proceedings0 shall confor" as nearl& as "a& $e to the provisions concerning the sale or encu"$rance $& guardians of the propert& of "inors or other wards. RULE 99 Adoption and &ustody of Minors

SECTION 1. Venue. ' person desiring to adopt another or have the custod& of a "inor shall present his petition to the Court of 2irst Instance of the province0 or the "unicipal or *ustice of the peace court of the cit& or "unicipalit& in which he resides. In the Cit& of Danila0 the proceedings shall $e instituted in the -uvenile and .o"estic Relations Court. SECTION /. &ontents of petition. The petition for adoption shall contain the sa"e allegations re5uired in a petition for guardianship0 to wit: a! The *urisdictional facts# $! The 5ualifications of the adopter# c! That the adopter is not dis5ualified $& law# d! The na"e0 age0 and residence of the person to $e adopted and of his relatives or of the persons who have hi" under their care# e! The pro$a$le value and character of the estate of the person to $e adopted. SECTION 6. &onsent to adoption. There shall $e filed with the petition a written consent to the adoption signed $& the child0 if fourteen &ears of age or over and not inco"petent0 and $& the child9s spouse0 if an&0 and $& each of its ,nown living parents who is not insane or hopelessl& inte"perate or has not a$andoned such child0 or if there are no such parents $& the general guardian or guardian ad litem of the child0 or if the child is in the custod& of an orphan as&lu"0 children9s ho"e0 or $enevolent societ& or person0 $& the proper officer or officers of such as&lu"0 ho"e0 or societ&0 or $& such person# $ut if the child is illegiti"ate and has not $een recogni)ed0 the consent of its father to the adoption shall not $e re5uired. If the person to $e adopted is of age0 onl& his or her consent and that of the spouse0 if an&0 shall $e re5uired. SECTION 7. +rder for hearing. If the petition and consent filed are sufficient in for" and su$stance0 the court0 $& an order reciting the purpose of the petition0 shall fi3 a date and place for the hearing thereof0 which date shall not $e "ore than si3 =! "onths after the entr& of the order0 and shall direct that a cop& of the order $e pu$lished $efore the hearing at least once a wee, for three 6! successive wee,s in so"e newspaper of general circulation pu$lished in the province0 as the court shall dee" $est.

SECTION :. (earing and judgment. Bpon satisfactor& proof in open court on the date fi3ed in the order that such order has $een pu$lished as directed0 that the allegations of the petition are true0 and that it is a proper case for adoption and the petitioner or petitioners are a$le to $ring up and educate the child properl&0 the court shall ad*udge that thenceforth the child is freed fro" all legal o$ligations of o$edience and "aintenance with respect to its natural parents0 e3cept the "other when the child is adopted $& her hus$and0 and is0 to all legal intents and purposes0 the child of the petitioner or petitioners0 and that its surna"e is changed to that of the petitioner or petitioners. The adopted person or child shall thereupon $eco"e the legal heir of his parents $& adoption and shall also re"ain the legal heir of his natural parents. In case of the death of the adopted person or child0 his parents and relatives $& nature0 and not $& adoption0 shall $e his legal heirs.
cda

SECTION =. Proceedings as to child !hose parents are separated. Appeal. 4hen hus$and and wife are divorced or living separatel& and apart fro" each other0 and the 5uestion as to the care0 custod&0 and control of a child or children of their "arriage is $rought $efore a Court of 2irst Instance $& petition or as an incident to an& other proceeding0 the court0 upon hearing the testi"on& as "a& $e pertinent0 shall award the care0 custod&0 and control of each such child as will $e for its $est interest0 per"itting the child to choose which parent it prefers to live with if it $e over ten &ears of age0 unless the parent so chosen $e unfit to ta,e charge of the child $& reason of "oral depravit&0 ha$itual drun,enness0 incapacit&0 or povert&. If0 upon such hearing0 it appears that $oth parents are i"proper persons to have the care0 custod&0 and control of the child0 the court "a& either designate the paternal or "aternal grandparent of the child0 or his oldest $rother or sister0 or so"e reputa$le and discreet person to ta,e charge of such child0 or co""it it to an& suita$le as&lu"0 children9s ho"e0 or $enevolent societ&. The court "a& in confor"it& with the provisions of the Civil Code order either or $oth parents to support or help support said child0 irrespective of who "a& $e its custodian0 and "a& "a,e an& order that is *ust and reasona$le per"itting the parent who is deprived of its care and custod& to visit the child or have te"porar& custod& thereof. Either parent "a& appeal fro" an order "ade in accordance with the provisions of this section. No child under seven &ears of age shall $e separated fro" its "other0 unless the court finds there are co"pelling reasons therefor. SECTION >. Proceedings as to vagrant or abused child. 4hen the parents of an& "inor child are dead0 or $& reason of long a$sence or legal or ph&sical disa$ilit& have a$andoned it0 or cannot support it through vagranc&0 negligence0 or "isconduct0 or neglect or refuse to support it0 or treat it with e3cessive harshness or give it corrupting orders0 counsels0 or e3a"ples0 or cause or allow it to engage in $egging0 or to co""it offenses against the law0 the proper Court of 2irst Instance0 upon petition filed $& so"e reputa$le resident of the province setting forth the facts0 "a& issue an order re5uiring such parents to show cause0 or0 if the parents are dead or cannot $e found0 re5uiring the fiscal of the province to show cause0 at a ti"e and place fi3ed in the order0 wh& the child should not $e ta,en fro" its parents0 if living# and if upon the hearing it appears that the

allegations of the petition are true0 and that it is for the $est interest of the child0 the court "a& "a,e an order ta,ing it fro" its parents0 if living# and co""itting it to an& suita$le orphan as&lu"0 children9s ho"e0 or $enevolent societ& or person to $e ulti"atel& placed0 $& adoption or otherwise0 in a ho"e found for it $& such as&lu"0 children9s ho"e0 societ& or person.

SECTION ?. Service of judgment. 2inal orders or *udg"ents under this rule shall $e served $& the cler, upon the civil registrar of the cit& or "unicipalit& wherein the court issuing the sa"e is situated. RULE 100 Rescission and Revocation of Adoption SECTION 1. Who may file petition# grounds. ' "inor or other incapacitated person "a&0 through a guardian or guardian ad litem0 petition for the rescission or revocation of his or her adoption for the sa"e causes that authori)e the deprivation of parental authorit&. The adopter "a&0 li,ewise0 petition the court for the rescission or revocation of the adoption in an& of these cases: a! If the adopted person has atte"pted against the life of the adopter# $! 4hen the adopted "inor has a$andoned the ho"e of the adopter for "ore than three 6! &ears# c! 4hen $& other acts the adopted person has repudiated the adoption. SECTION /. +rder to ans!er. The court in which the petition is filed shall issue an order re5uiring the adverse part& to answer the petition within fifteen 1:! da&s fro" receipt of a cop& thereof. The order and a cop& of the petition shall $e served on the adverse part& in such "anner as the court "a& direct. SECTION 6. 0udgment. If upon trial0 on the da& set therefor0 the court finds that the allegations of the petition are true0 it shall render *udg"ent ordering the rescission or revocation of the adoption0 with or without costs0 as *ustice re5uires. SECTION 7. Service of judgment. ' certified cop& of the *udg"ent rendered in accordance with the ne3t preceding section shall $e served upon the civil registrar concerned0 within thirt& 6;! da&s fro" rendition thereof0 who shall forthwith enter the action ta,en $& the court in the register.

SECTION :. *ime !ithin !hich to file petition. ' "inor or other incapacitated person "ust file the petition for rescission or revocation of adoption within the five :! &ears following his "a*orit&0 or if he was inco"petent at the ti"e of the adoption0 within the five :! &ears following the recover& fro" such inco"petenc&. The adopter "ust also file the petition to set aside the adoption within five :! &ears fro" the ti"e the cause or causes giving rise to the rescission or revocation of the sa"e too, place. RULE 101 Proceedings for (ospitali1ation of ,nsane Persons SECTION 1. Venue. Petition for commitment. ' petition for the co""it"ent of a person to a hospital or other place for the insane "a& $e filed with the Court of 2irst Instance of the province where the person alleged to $e insane is found. The petition shall $e filed $& the .irector of (ealth in all cases where0 in his opinion0 such co""it"ent is for the pu$lic welfare0 or for the welfare of said person who0 in his *udg"ent0 is insane0 and such person or the one having charge of hi" is opposed to his $eing ta,en to a hospital or other place for the insane. SECTION /. +rder for hearing. If the petition filed is sufficient in for" and su$stance0 the court0 $& an order reciting the purpose of the petition0 shall fi3 a date for the hearing thereof0 and cop& of such order shall $e served on the person alleged to $e insane0 and to the one having charge of hi"0 or on such of his relatives residing in the province or cit& as the *udge "a& dee" proper. The court shall further"ore order the sheriff to produce the alleged insane person0 if possi$le0 on the date of the hearing. SECTION 6. (earing and judgment. Bpon satisfactor& proof0 in open court on the date fi3ed in the order0 that the co""it"ent applied for is for the pu$lic welfare or for the welfare of the insane person0 and that his relatives are una$le for an& reason to ta,e proper custod& and care of hi"0 the court shall order his co""it"ent to such hospital or other place for the insane as "a& $e reco""ended $& the .irector of (ealth. The court shall "a,e proper provisions for the custod& of propert& or "one& $elonging to the insane until a guardian $e properl& appointed. SECTION 7. 'ischarge of insane. 4hen0 in the opinion of the .irector of (ealth0 the person ordered to $e co""itted to a hospital or other place for the insane is te"poraril& or per"anentl& cured0 or "a& $e released without danger he "a& file the proper petition with the Court of 2irst Instance which ordered the co""it"ent. SECTION :. Assistance of fiscal in the proceeding. It shall $e the dut& of the provincial fiscal or in the Cit& of Danila the fiscal of the cit&0 to prepare the petition for the .irector of (ealth and represent hi" in court in all proceedings arising under the provisions of this rule.

RULE 102 (abeas &orpus SECTION 1. *o !hat habeas corpus e tends. E3cept as otherwise e3pressl& provided $& law0 the writ of habeas corpus shall e3tend to all cases of illegal confine"ent or detention $& which an& person is deprived of his li$ert&0 or $& which the rightful custod& of an& person is withheld fro" the person entitled thereto. SECTION /. Who may grant the !rit. The writ of habeas corpus "a& $e granted $& the Supre"e Court0 or an& "e"$er thereof0 on an& da& and at an& ti"e0 or $& the Court of 'ppeals or an& "e"$er thereof in the instances authori)ed $& law0 and if so granted it shall $e enforcea$le an&where in the 1hilippines0 and "a& $e "ade returna$le $efore the court or an& "e"$er thereof0 or $efore a Court of 2irst Instance0 or an& *udge thereof for hearing and decision on the "erits. It "a& also $e granted $& a Court of 2irst Instance0 or a *udge thereof0 on an& da& and at an& ti"e0 and returna$le $efore hi"self0 enforcea$le onl& within his *udicial district. SECTION 6. Re-uisites of application therefor. 'pplication for the writ shall $e $& petition signed and verified either $& the part& for whose relief it is intended0 or $& so"e person on his $ehalf0 and shall set forth: a! That the person in whose $ehalf the application is "ade is i"prisoned or restrained of his li$ert&# $! The officer or na"e of the person $& who" he is so i"prisoned or restrained# or0 if $oth are un,nown or uncertain0 such officer or person "a& $e descri$ed $& an assu"ed appellation0 and the person who is served with the writ shall $e dee"ed the person intended# c! The place where he is so i"prisoned or restrained0 if ,nown# d! ' cop& of the co""it"ent or cause of detention of such person0 if it can $e procured without i"pairing the efficienc& of the re"ed&# or0 if the i"prison"ent or restraint is without an& legal authorit&0 such fact shall appear. SECTION 7. When !rit not allo!ed or discharge authori1ed. If it appears that the person alleged to $e restrained of his li$ert& is in the custod& of an officer under process issued $& a court or *udge or $& virtue of a *udg"ent or order of a court of record0 and that the court or *udge had *urisdiction to issue the process0 render the *udg"ent0 or "a,e the order0 the writ shall not $e allowed# or if the *urisdiction appears after the writ is allowed0 the person shall not $e discharged $& reason of an& infor"alit& or defect in the process0 *udg"ent0 or order. Nor shall an&thing in this rule $e held to authori)e the

discharge of a person charged with or convicted of an offense in the 1hilippines0 or of a person suffering i"prison"ent under lawful *udg"ent. SECTION :. When the !rit must be granted and issued. ' court or *udge authori)ed to grant the writ "ust0 when a petition therefor is presented and it appears that the writ ought to issue0 grant the sa"e forthwith0 and i""ediatel& thereupon the cler, of the court shall issue the writ under the seal of the court# or in case of e"ergenc&0 the *udge "a& issue the writ under his own hand0 and "a& depute an& officer or person to serve it. SECTION =. *o !hom !rit directed) and !hat to re-uire. In case of i"prison"ent or restraint $& an officer0 the writ shall $e directed to hi"0 and shall co""and hi" to have the $od& of the person restrained of his li$ert& $efore the court or *udge designated in the writ at the ti"e and place therein specified. In case of i"prison"ent or restraint $& a person not an officer0 the writ shall $e directed to an officer0 and shall co""and hi" to ta,e and have the $od& of the person restrained of his li$ert& $efore the court or *udge designated in the writ at the ti"e and place therein specified0 and to su""on the person $& who" he is restrained then and there to appear $efore said court or *udge to show the cause of the i"prison"ent or restraint. SECTION >. (o! prisoner designated and !rit served. The person to $e produced should $e designated in the writ $& his na"e0 if ,nown0 $ut if his na"e is not ,nown he "a& $e otherwise descri$ed or identified. The writ "a& $e served in an& province $& the sheriff or other proper officer0 or $& a person deputed $& the court or *udge. Service of the writ shall $e "ade $& leaving the original with the person to who" it is directed and preserving a cop& on which to "a,e return of service. If that person cannot $e found0 or has not the prisoner in his custod&0 then the service shall $e "ade on an& other person having or e3ercising such custod&. SECTION ?. (o! !rit e ecuted and returned. The officer to who" the writ is directed shall conve& the person so i"prisoned or restrained0 and na"ed in the writ0 $efore the *udge allowing the writ0 or0 in case of his a$sence or disa$ilit&0 $efore so"e other *udge of the sa"e court0 on the da& specified in the writ0 unless0 fro" sic,ness or infir"it& of the person directed to $e produced0 such person cannot0 without danger0 $e $rought $efore the court or *udge# and the officer shall "a,e due return of the writ0 together with the da& and the cause of the caption and restraint of such person according to the co""and thereof. SECTION @. 'efect of form. No writ of habeas corpus can $e diso$e&ed for defect of for"0 if it sufficientl& appears therefro" in whose custod& or under whose restraint the part& i"prisoned or restrained is held and the court or *udge $efore who" he is to $e $rought.

SECTION 1;. &ontents of return. 4hen the person to $e produced is i"prisoned or restrained $& an officer0 the person who "a,es the return shall state therein0 and in other cases the person in whose custod& the prisoner is found shall state0 in writing to the court or *udge $efore who" the writ is returna$le0 plainl& and une5uivoca$l&:

a! 4hether he has or has not the part& in his custod& or power0 or under restraint# $! If he has the part& in his custod& or power0 or under restraint0 the authorit& and the true and whole cause thereof0 set forth at large0 with a cop& of the writ0 order0 e3ecution0 or other process0 if an&0 upon which the part& is held# c! If the part& is in his custod& or power or is restrained $& hi"0 and is not produced0 particularl& the nature and gravit& of the sic,ness or infir"it& of such part& $& reason of which he cannot0 without danger0 $e $rought $efore the court or *udge# d! If he has had the part& in his custod& or power0 or under restraint0 and has transferred such custod& or restraint to another0 particularl& to who"0 at what ti"e0 for what cause0 and $& what authorit& such transfer was "ade. SECTION 11. Return to be signed and s!orn to. The return or state"ent shall $e signed $& the person who "a,es it# and shall also $e sworn to $& hi" if the prisoner is not produced0 and in all other cases unless the return is "ade and signed $& a sworn pu$lic officer in his official capacit&. SECTION 1/. (earing on return. Adjournments. 4hen the writ is returned $efore one *udge0 at a ti"e when the court is in session0 he "a& forthwith ad*ourn the case into the court0 there to $e heard and deter"ined. The court or *udge $efore who" the writ is returned or ad*ourned "ust i""ediatel& proceed to hear and e3a"ine the return0 and such other "atters as are properl& su$"itted for consideration0 unless for good cause shown the hearing is ad*ourned0 in which event the court or *udge shall "a,e such order for the safe,eeping of the person i"prisoned or restrained as the nature of the case re5uires. If the person i"prisoned or restrained is not produced $ecause of his alleged sic,ness or infir"it&0 the court or *udge "ust $e satisfied that it is so grave that such person cannot $e produced without danger0 $efore proceeding to hear and dispose of the "atter. On the hearing the court or *udge shall disregard "atters of for" and technicalities in respect to an& warrant or order of co""it"ent of a court or officer authori)ed to co""it $& law.

SECTION 16. When the return evidence) and !hen only a plea. If it appears that the prisoner is in custod& under a warrant of co""it"ent in pursuance of law0 the return shall $e considered prima facie evidence of the cause of restraint# $ut if he is restrained of his li$ert& $& an& alleged private authorit&0 the return shall $e considered onl& as a plea of the facts therein set forth0 and the part& clai"ing the custod& "ust prove such facts. SECTION 17. When person la!fully imprisoned recommitted) and !hen let to bail. If it appears that the prisoner was lawfull& co""itted0 and is plainl& and specificall& charged in the warrant of co""it"ent with an offense punisha$le $& death0 he shall not $e released0 discharged0 or $ailed. If he is lawfull& i"prisoned or restrained on a charge of having co""itted an offense not so punisha$le0 he "a& $e reco""itted to i"prison"ent or ad"itted to $ail in the discretion of the court or *udge. If he $e ad"itted to $ail0 he shall forthwith file a $ond in such su" as the court or *udge dee"s reasona$le0 considering the circu"stances of the prisoner and the nature of the offense charged0 conditioned for his appearance $efore the court where the offense is properl& cogni)a$le to a$ide its order or *udg"ent# and the court or *udge shall certif& the proceedings0 together with the $ond0 forthwith to the proper court. If such $ond is not so filed0 the prisoner shall $e reco""itted to confine"ent. SECTION 1:. When prisoner discharged if no appeal. 4hen the court or *udge has e3a"ined into the cause of caption and restraint of the prisoner0 and is satisfied that he is unlawfull& i"prisoned or restrained0 he shall forthwith order his discharge fro" confine"ent0 $ut such discharge shall not $e effective until a cop& of the order has $een served on the officer or person detaining the prisoner. If the officer or person detaining the prisoner does not desire to appeal0 the prisoner shall $e forthwith released. SECTION 1=. Penalty for refusing to issue !rit) or for disobeying the same. ' cler, of a court who refuses to issue the writ after allowance thereof and de"and therefor0 or a person to who" a writ is directed0 who neglects or refuses to o$e& or "a,e return of the sa"e according to the co""and thereof0 or "a,es false return thereof0 or who0 upon de"and "ade $& or on $ehalf of the prisoner0 refuses to deliver to the person de"anding0 within si3 =! hours after the de"and therefor0 a true cop& of the warrant or order of co""it"ent0 shall forfeit to the part& aggrieved the su" of one thousand pesos0 to $e recovered in a proper action0 and "a& also $e punished $& the court or *udge as for conte"pt. SECTION 1>. Person discharged not to be again imprisoned. ' person who is set at li$ert& upon a writ of habeas corpus shall not $e again i"prisoned for the sa"e offense unless $& the lawful order or process of a court having *urisdiction of the cause or offense# and a person who ,nowingl&0 contrar& to the provisions of this rule0 reco""its or i"prisons0 or causes to $e co""itted or i"prisoned0 for the sa"e offense0 or pretended offense0 an& person so set at li$ert&0 or ,nowingl& aids or assists therein0 shall forfeit to the part& aggrieved the su" of one thousand pesos0 to $e recovered in a proper action0

notwithstanding an& colora$le pretense or variation in the warrant of co""it"ent0 and "a& also $e punished $& the court or *udge granting the writ as for conte"pt. SECTION 1?. When prisoner may be removed from one custody to another . ' person co""itted to prison0 or in custod& of an officer0 for an& cri"inal "atter0 shall not $e re"oved therefro" into the custod& of another officer unless $& legal process0 or the prisoner $e delivered to an inferior officer to carr& to *ail0 or0 $& order of the proper court or *udge0 $e re"oved fro" one place to another within the 1hilippines for trial0 or in case of fire0 epide"ic0 insurrection0 or other necessit& or pu$lic cala"it&# and a person who0 after such co""it"ent0 "a,es0 signs0 or countersigns an& order for such re"oval contrar& to this section0 shall forfeit to the part& aggrieved the su" of one thousand pesos0 to $e recovered in a proper action. SECTION 1@. Record of !rit) fees and costs. The proceedings upon a writ of habeas corpus shall $e recorded $& the cler, of the court0 and upon the final disposition of such proceedings the court or *udge shall "a,e such order as to costs as the case re5uires. The fees of officers and witnesses shall $e included in the costs ta3ed0 $ut no officer or person shall have the right to de"and pa&"ent in advance of an& fees to which he is entitled $& virtue of the proceedings. 4hen a person confined under color of proceedings in a cri"inal case is discharged0 the costs shall $e ta3ed against the Repu$lic of the 1hilippines0 and paid out of its Treasur&# when a person in custod& $& virtue or under color of proceedings in a civil case is discharged0 the costs shall $e ta3ed against hi"0 or against the person who signed the application for the writ0 or $oth0 as the court shall direct. RULE 103 &hange of %ame SECTION 1. Venue. ' person desiring to change his na"e shall present the petition to the Court of 2irst Instance of the province in which he resides0 or0 in the Cit& of Danila0 to the -uvenile and .o"estic Relations Court. SECTION /. &ontents of petition. ' petition for change of na"e shall $e signed and verified $& the person desiring his na"e changed0 or so"e other person on his $ehalf0 and shall set forth: a! That the petitioner has $een a bona fide resident of the province where the petition is filed for at least three 6! &ears prior to the date of such filing# $! The cause for which the change of the petitioner9s na"e is sought# c! The na"e as,ed for.

SECTION 6. +rder for hearing. If the petition filed is sufficient in for" and su$stance0 the court0 $& an order reciting the purpose of the petition0 shall fi3 a date and place for the hearing thereof0 and shall direct that a cop& of the order $e pu$lished $efore the hearing at least once a wee, for three 6! successive wee,s in so"e newspaper of general circulation pu$lished in the province0 as the court shall dee" $est. The date set for the hearing shall not $e within thirt& 6;! da&s prior to an election nor within four 7! "onths after the last pu$lication of the notice. SECTION 7. (earing. 'n& interested person "a& appear at the hearing and oppose the petition. The Solicitor %eneral or the proper provincial or cit& fiscal shall appear on $ehalf of the %overn"ent of the Repu$lic.
dctai

SECTION :. 0udgment. Bpon satisfactor& proof in open court on the date fi3ed in the order that such order has $een pu$lished as directed and that the allegations of the petition are true0 the court shall0 if proper and reasona$le cause appears for changing the na"e of the petitioner0 ad*udge that such na"e $e changed in accordance with the pra&er of the petition. SECTION =. Service of judgment. -udg"ents or orders rendered in connection with this rule shall $e furnished the civil registrar of the "unicipalit& or cit& where the court issuing the sa"e is situated0 who shall forthwith enter the sa"e in the civil register. RULE 104 Voluntary 'issolution of &orporations SECTION 1. Where) by !hom and on !hat sho!ing application made. ' petition for dissolution of a corporation shall $e filed in the Court of 2irst Instance of the province where the principal office of a corporation is situated. The petition shall $e signed $& a "a*orit& of its $oard of directors or other officers having the "anage"ent of its affairs0 verified $& its president or secretar& or one of its directors0 and shall set forth all clai"s and de"ands against it0 and that its dissolution was resolved upon $& a "a*orit& of the "e"$ers0 or0 if a stoc, corporation0 $& the affir"ative vote of the stoc,holders holding and representing two<thirds of all shares of stoc, issued or su$scri$ed0 at a "eeting of its "e"$ers or stoc,holders called for that purpose.

SECTION /. +rder thereupon for filing objections. If the petition is sufficient in for" and su$stance0 the court0 $& an order reciting the purpose of the petition0 shall fi3 a date on or $efore which o$*ections thereto "a& $e filed $& an& person0 which date shall not $e less than thirt& 6;! nor "ore than si3t& =;! da&s after the entr& of the order. 8efore such date a cop& of the order shall $e pu$lished at least once a wee, for four 7! successive wee,s in so"e newspaper of general circulation pu$lished in the "unicipalit& or cit&

where the principal office of the corporation is situated0 or0 if there $e no such newspaper0 then in so"e newspaper of general circulation in the 1hilippines0 and a si"ilar cop& shall $e posted for four 7! wee,s in three pu$lic places in such "unicipalit& or cit&. SECTION 6. (earing) dissolution) and disposition of assets. Receiver. Bpon five :! da&s9 notice given after the date on which the right to file o$*ections as fi3ed in the order e3pired0 the court shall proceed to hear the petition and tr& an& issue "ade $& o$*ections filed# and if no such o$*ection is sufficient0 and the "aterial allegations of the petition are true0 it shall render *udg"ent dissolving the corporation and directing such disposition of its assets as *ustice re5uires0 and "a& appoint a receiver to collect such assets and pa& the de$ts of the corporation. SECTION 7. What shall constitute record. The petition0 orders0 proof of pu$lication and posting0 o$*ections filed0 declaration of dissolution0 and an& evidence ta,en0 shall constitute the record in the case. RULE 105 0udicial Approval of Voluntary Recognition of Minor %atural &hildren SECTION 1. Venue. 4here *udicial approval of a voluntar& recognition of a "inor natural child is re5uired0 such child or his parents shall o$tain the sa"e $& filing a petition to that effect with the Court of 2irst Instance of the province in which the child resides. In the Cit& of Danila0 the petition shall $e filed in the -uvenile and .o"estic Relations Court. SECTION /. &ontents of petition. The petition for *udicial approval of a voluntar& recognition of a "inor natural child shall contain the following allegations: a! The *urisdictional facts# $! The na"es and residences of the parents who ac,nowledged the child0 or of either of the"0 and their co"pulsor& heirs0 and the person or persons with who" the child lives# c! The fact that the recognition "ade $& the parent or parents too, place in a state"ent $efore a court of record or in an authentic writing0 cop& of the state"ent or writing $eing attached to the petition. SECTION 6. +rder for hearing. Bpon the filing of the petition0 the court0 $& an order reciting the purpose of the sa"e0 shall fi3 the date and place for the hearing thereof0 which date shall not $e "ore than si3 =! "onths after the entr& of the order0 and shall0 "oreover0 cause a cop& of the order to $e served personall& or $& "ail upon the interested parties0 and pu$lished once a wee, for three 6! consecutive wee,s0 in a newspaper or newspapers of general circulation in the province.

SECTION 7. +pposition. 'n& interested part& "ust0 within fifteen 1:! da&s fro" service0 or fro" the last date of pu$lication0 of the order referred to in the ne3t preceding section0 file his opposition to the petition0 stating the grounds or reasons therefor. SECTION :. 0udgment. If0 fro" the evidence presented during the hearing0 the court is satisfied that the recognition of the "inor natural child was willingl& and voluntaril& "ade $& the parent or parents concerned0 and that the recognition is for the $est interest of the child0 it shall render *udg"ent granting *udicial approval of such recognition. SECTION =. Service of judgment upon civil registrar. ' cop& of the *udg"ent rendered in accordance with the preceding section shall $e served upon the civil registrar whose dut& it shall $e to enter the sa"e in the register. RULE 106 &onstitution of /amily (ome SECTION 1. Who may constitute. The head of a fa"il& owning a house and the land on which it is situated "a& constitute the sa"e into a fa"il& ho"e $& filing a verified petition to that effect with the Court of 2irst Instance of the province or cit& were the propert& is located. In the Cit& of Danila0 the petition shall $e filed in the -uvenile and .o"estic Relations Court. 4hen there is danger that a person o$liged to give support "a& lose his or her fortune $ecause of grave "is"anage"ent or on account of riotous living0 his or her spouse0 if an&0 and a "a*orit& of those entitled to $e supported $& hi" or $& her "a& petition the Court of 2irst Instance for the creation of the fa"il& ho"e. SECTION /. &ontents of petition. The petition shall contain the following particulars: a! .escription of the propert&# $! 'n esti"ate of its actual value# c! ' state"ent that the petitioner is actuall& residing in the pre"ises# d! The encu"$rances thereon# e! The na"es and addresses of all the creditors of the petitioner or head of the fa"il& and of all "ortgagees and other persons who have an interest in the propert&# f! The na"es of all the $eneficiaries of the fa"il& ho"e. SECTION 6. %otice and publication. The court shall notif& the creditors0 "ortgagees and all other persons who have an interest in the estate0 of the filing of the petition0

causing copies thereof to $e served upon the"0 and pu$lished once a wee, for three 6! consecutive wee,s in a newspaper of general circulation. The petition shall0 "oreover0 $e caused to $e posted in a conspicuous place in the parcel of land "entioned therein0 and also in a conspicuous place of the "unicipal $uilding of the "unicipalit& or cit& in which the land is situated0 for at least fourteen 17! da&s prior to the da& of the hearing. SECTION 7. +bjection and date of hearing. In the notice and pu$lication re5uired in the preceding section0 the court shall re5uire the interested parties to file their o$*ection to the petition within a period of not less than thirt& 6;! da&s fro" receipt of notice or fro" the date of last pu$lication0 and shall fi3 the date and ti"e of the hearing of the petition. SECTION :. +rder. 'fter hearing0 if the court finds that the actual value of the proposed fa"il& ho"e does not e3ceed twent& thousand pesos0 or thirt& thousand pesos in chartered cities0 and that no third person is pre*udiced there$&0 or that creditors have $een given sufficient securit& for their credits0 the petition shall $e approved. SECTION =. Registration of order. ' certified cop& of the order of the court approving the esta$lish"ent of the fa"il& ho"e shall $e furnished the register of deeds who shall record the sa"e in the registr& of propert&. RULE 107 Absentees SECTION 1. Appointment of representative. 4hen a person disappears fro" his do"icile0 his wherea$outs $eing un,nown0 and without having left an agent to ad"inister his propert&0 or the power conferred upon the agent has e3pired0 an& interested part&0 relative or friend0 "a& petition the Court of 2irst Instance of the place where the a$sentee resided $efore his disappearance0 for the appoint"ent of a person to represent hi" provisionall& in all that "a& $e necessar&. In the Cit& of Danila0 the petition shall $e filed in the -uvenile and .o"estic Relations Court. SECTION /. 'eclaration of absence# !ho may petition. 'fter the lapse of two /! &ears fro" his disappearance and without an& news a$out the a$sentee or since the receipt of the last news0 or of five :! &ears in case the a$sentee has left a person in charge of the ad"inistration of his propert&0 the declaration of his a$sence and appoint"ent of a trustee or ad"inistrator "a& $e applied for $& an& of the following: a! The spouse present# $! The heirs instituted in a will0 who "a& present an authentic cop& of the sa"e# c! The relatives who would succeed $& the law of intestac&# and

d! Those who have over the propert& of the a$sentee so"e right su$ordinated to the condition of his death. SECTION 6. &ontents of petition. The petition for the appoint"ent of a representative0 or for the declaration of a$sence and the appoint"ent of a trustee or an ad"inistrator0 "ust show the following: a! The *urisdictional facts# $! The na"es0 ages0 and residences of the heirs instituted in the will0 cop& of which shall $e presented0 and of the relatives who would succeed $& the law of intestac&# c! The na"es and residences of creditors and others who "a& have an& adverse interest over the propert& of the a$sentee# d! The pro$a$le value0 location and character of the propert& $elonging to the a$sentee. SECTION 7. *ime of hearing# notice and publication thereof . 4hen a petition for the appoint"ent of a representative0 or for the declaration of a$sence and the appoint"ent of a trustee or ad"inistrator0 is filed0 the court shall fi3 a date and place for the hearing thereof where all concerned "a& appear to contest the petition. Copies of the notice of the ti"e and place fi3ed for the hearing shall $e served upon the ,nown heirs0 legatees0 devisees0 creditors and other interested persons0 at least ten 1;! da&s $efore the da& of the hearing0 and shall $e pu$lished once a wee, for three 6! consecutive wee,s prior to the ti"e designated for the hearing0 in a newspaper of general circulation in the province or cit& where the a$sentee resides0 as the court shall dee" $est. SECTION :. +pposition. 'n&one appearing to contest the petition shall state in writing his grounds therefor0 and serve a cop& thereof on the petitioner and other interested parties on or $efore the date designated for the hearing. SECTION =. Proof at hearing# order. 't the hearing0 co"pliance with the provisions of section 7 of this rule "ust first $e shown. Bpon satisfactor& proof of the allegations in the petition0 the court shall issue an order granting the sa"e and appointing the representative0 trustee or ad"inistrator for the a$sentee. The *udge shall ta,e the necessar& "easures to safeguard the rights and interests of the a$sentee and shall specif& the powers0 o$ligations and re"uneration of his representative0 trustee or ad"inistrator0 regulating the" $& the rules concerning guardians.

In case of declaration of a$sence0 the sa"e shall not ta,e effect until si3 =! "onths after its pu$lication in a newspaper of general circulation designated $& the court and in the Official %a)ette. SECTION >. Who may be appointed. In the appoint"ent of a representative0 the spouse present shall $e preferred when there is no legal separation. If the a$sentee left no spouse0 or if the spouse present is a "inor or otherwise inco"petent0 an& co"petent person "a& $e appointed $& the court. In case of declaration of a$sence0 the trustee or ad"inistrator of the a$sentee9s propert& shall $e appointed in accordance with the preceding paragraph. SECTION ?. *ermination of administration. The trusteeship or ad"inistration of the propert& of the a$sentee shall cease upon order of the court in an& of the following cases: a! 4hen the a$sentee appears personall& or $& "eans of an agent# $! 4hen the death of the a$sentee is proved and his testate or intestate heirs appear# c! 4hen a third person appears0 showing $& a proper docu"ent that he has ac5uired the a$sentee9s propert& $& purchase or other title. In these cases the trustee or ad"inistrator shall cease in the perfor"ance of his office0 and the propert& shall $e placed at the disposal of those who "a& have a right thereto. RULE 108 &ancellation or &orrection of Entries in the &ivil Registry SECTION 1. Who may file petition. 'n& person interested in an& act0 event0 order or decree concerning the civil status of persons which has $een recorded in the civil register0 "a& file a verified petition for the cancellation or correction of an& entr& relating thereto0 with the Court of 2irst Instance of the province where the corresponding civil registr& is located. SECTION /. Entries subject to cancellation or correction. Bpon good and valid grounds0 the following entries in the civil register "a& $e cancelled or corrected: a! $irths# $! "arriages# c! deaths# d! legal separations# e! *udg"ents of annul"ents of "arriage# f! *udg"ents declaring "arriages void fro" the $eginning# g! legiti"ations# h! adoptions# i! ac,nowledg"ents of natural children# *! naturali)ation# ,! election0

loss or recover& of citi)enship# l! civil interdiction# "! *udicial deter"ination of filiation# n! voluntar& e"ancipation of a "inor# and o! changes of na"e. SECTION 6. Parties. 4hen cancellation or correction of an entr& in the civil register is sought0 the civil registrar and all persons who have or clai" an& interest which would $e affected there$& shall $e "ade parties to the proceeding. SECTION 7. %otice and publication. Bpon the filing of the petition0 the court shall0 $& an order0 fi3 the ti"e and place for the hearing of the sa"e0 and cause reasona$le notice thereof to $e given to the persons na"ed in the petition. The court shall also cause the order to $e pu$lished once a wee, for three 6! consecutive wee,s in a newspaper of general circulation in the province. SECTION :. +pposition. The civil registrar and an& person having or clai"ing an& interest under the entr& whose cancellation or correction is sought "a&0 within fifteen 1:! da&s fro" notice of the petition0 or fro" the last date of pu$lication of such notice0 file his opposition thereto. SECTION =. E pediting proceedings. The court in which the proceeding is $rought "a& "a,e orders e3pediting the proceedings0 and "a& also grant preli"inar& in*unction for the preservation of the rights of the parties pending such proceedings. SECTION >. +rder. 'fter hearing0 the court "a& either dis"iss the petition or issue an order granting the cancellation or correction pra&ed for. In either case0 a certified cop& of the *udg"ent shall $e served upon the civil registrar concerned who shall annotate the sa"e in his record. RULE 109 Appeals in Special Proceedings SECTION 1. +rders or judgments from !hich appeals may be ta.en. 'n interested person "a& appeal in special proceedings fro" an order or *udg"ent rendered $& a Court of 2irst Instance or a -uvenile and .o"estic Relations Court0 where such order or *udg"ent: a! 'llows or disallows a will# $! .eter"ines who are the lawful heirs of a deceased person0 or the distri$utive share of the estate to which such person is entitled# c! 'llows or disallows0 in whole or in part0 an& clai" against the estate of a deceased person0 or an& clai" presented on $ehalf of the estate in offset to a clai" against it#

d! Settles the account of an e3ecutor0 ad"inistrator0 trustee or guardian# e! Constitutes0 in proceedings relating to the settle"ent of the estate of a deceased person0 or the ad"inistration of a trustee or guardian0 a final deter"ination in the lower court of the rights of the part& appealing0 e3cept that no appeal shall $e allowed fro" the appoint"ent of a special ad"inistrator# and f! Is the final order or *udg"ent rendered in the case0 and affects the su$stantial rights of the person appealing0 unless it $e an order granting or den&ing a "otion for a new trial or for reconsideration. SECTION /. Advance distribution in special proceedings. Notwithstanding a pending controvers& or appeal in proceedings to settle the estate of a decedent0 the court "a&0 in its discretion and upon such ter"s as it "a& dee" proper and *ust0 per"it that such part of the estate as "a& not $e affected $& the controvers& or appeal $e distri$uted a"ong the heirs or legatees0 upon co"pliance with the conditions set forth in Rule @; of these rules