SPECIAL PROCEEDINGS GENERAL PROVISION RULE 72 SUBJECT MATTER AND APPLICABILITY OF GENERAL RULES Sec. 1.

Subject matter of special proceedings. - Rules of special proceedings are provided for in the following cases: (a) Settlement of estate of deceased persons; (b) Escheat; (c) uardianship and custod! of children; (d) "rustees; (e) #doption; (f) Rescission and revocation of adoption; (g) $ospitali%ation of insane persons; (h) $abeas corpus; (i) &hange of name; (') (oluntar! dissolution of corporations; ()) *udicial approval of voluntar! recognition of minor natural children; (l) &onstitution of famil! home; (m) +eclaration of absence and death; (n) &ancellation or correction of entries in the civil registr!. Sec. ,. Applicability of rules of civil actions. - -n the absence of special provisions. the rules provided for in ordinar! actions shall be. as far as practicable. applicable in special proceedings. SETTLEMENT OF ESTATE OF DECEASED PERSONS RULE 73 VENUE AND PROCESSES Sec. 1. Where estate of deceased person settled. - -f the decedent is an inhabitant of the /hilippines at the time of his death. whether a citi%en or an alien. his will shall be proved. or letters of administration granted. and his estate settled. in the &ourt of 0irst -nstance in the province in which he resides at the time of his death. and if he is an inhabitant of a foreign countr!. the &ourt of 0irst -nstance of an! province in which he had estate. "he court first ta)ing cogni%ance of the settlement of the estate of a decedent. shall e1ercise 'urisdiction to the e1clusion of all other courts. "he 'urisdiction assumed b! a court. so far as it depends on the place of residence of the decedent. or of the location of his estate. shall not be contested in a suit or proceeding. e1cept in an appeal from that court. in the original case. or when the want of 'urisdiction appears on the record.

Sec. ,. Where estate settled upon dissolution of marriage. - 2hen the marriage is dissolved b! the death of the husband or wife. the communit! propert! shall be inventoried. administered. and li3uidated. and the debts thereof paid. in the testate or intestate proceedings of the deceased spouse. -f both spouses have died. the con'ugal partnership shall be li3uidated in the testate or intestate proceedings of either. Sec. 4. Process. - -n the e1ercise of probate 'urisdiction. &ourt of 0irst -nstance ma! issue warrants and processes necessar! to compel the attendance of witnesses or to carr! into effect their orders and 'udgments. and all other powers granted them b! law. -f a person does not perform an order of 'udgment rendered b! a court in the e1ercise of its probate 'urisdiction. it ma! issue a warrant for the apprehension and imprisonment of such person until he performs such order or 'udgment. or is released. Sec. 5. Presumption of death. - 0or purposes of settlement of his estate. a person shall be presumed dead if absent and unheard from for the periods fi1ed in the &ivil &ode. 6ut if such person proves to be alive. he shall be entitled to the balance of his estate after pa!ment of all his debts. "he balance ma! be recovered b! motion in the same proceeding. RULE 74 SUMMARY SETTLEMENT OF ESTATES Sec. 1. Extrajudicial settlement by agreement between heirs. - -f the decedent left no will and no debts and the heirs are all of age. or the minors are represented b! their 'udicial or legal representatives dul! authori%ed for the purpose. the parties ma!. without securing letters of administration. divide the estate among themselves as the! see fit b! means of a public instrument filed in the office of the register of deeds. and should the! disagree. the! ma! do so in an ordinar! action of partition. -f there is onl! one heir. he ma! ad'udicate to himself the entire estate b! means of an affidavit filed in the office of the register of deeds. "he parties to an e1tra'udicial settlement. whether b! public instrument or b! stipulation in a pending action for partition. or the sole heir who ad'udicates the entire estate to himself b! means of an affidavit shall file. simultaneousl! with and as a condition precedent to the filing of the public instrument. or stipulation in the action for partition. or of the affidavit in the office of the register of deeds. a bond with the said register of deeds. in an amount e3uivalent to the value of the personal propert! involved as certified to under oath b! the parties concerned and conditioned upon the pa!ment of an! 'ust claim that ma! be filed under Section 5 of this rule. -t shall be presumed that the decedent left no debts if no creditor files a petition for letters of administration within two (,) !ears after the death of the decedent. "he fact of the e1tra'udicial settlement or administration shall be published in a newspaper of general circulation in the manner provided in the ne1t succeeding section; but no e1tra'udicial settlement shall be binding upon an! person who has not participated therein or had no notice thereof. Sec. ,. Summary settlement of estates of small value. - 2henever the gross value of the estate of a deceased person. whether he died testate or intestate. does not e1ceed ten thousand pesos. and that fact is made to appear to the &ourt of 0irst -nstance having 'urisdiction of the estate b! the petition of an interested person and upon hearing. which shall be held not less than (1) month nor more than three (4) months from the date of the last publication of a notice which shall be published once a wee) for three (4) consecutive wee)s in a newspaper of general circulation in the province. and after such other notice to interested persons as the court ma! direct. the court ma! proceed summaril!. without the appointment of an e1ecutor or administrator. and without dela!. to grant. if proper. allowance of the will. if an! there be. to determine who are the persons legall! entitled to participate in the estate. and to apportion and divide it among them after the pa!ment of such debts of the estate as the court shall then find to be due; and such persons. in their own right. if the! are of lawful age and legal capacit!. or b! their guardians or trustees legall! appointed and 3ualified. if otherwise. shall thereupon be entitled to receive and enter into the possession of the portions of the estate so awarded to them respectivel!. "he court shall ma)e such order as ma! be 'ust respecting the costs of the proceedings. and all orders and 'udgments made or rendered in the course thereof shall be recorded in the office of the cler). and the order of partition or award. if it involves real estate. shall be recorded in the proper register7s office. Sec. 4. ond to be filed by distributees. - "he court. before allowing a partition in accordance with the provisions of the preceding section. ma! re3uire the distributees. if propert! other than real is to be distributed. to file a bond in an amount to be fi1ed b! court. conditioned for the pa!ment of an! 'ust claim which ma! be filed under the ne1t succeeding section.

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Sec. 5. !iability of distributees and estate. - -f it shall appear at an! time within two (,) !ears after the settlement and distribution of an estate in accordance with the provisions of either of the first two sections of this rule. that an heir or other person has been undul! deprived of his lawful participation in the estate. such heir or such other person ma! compel the settlement of the estate in the courts in the manner hereinafter provided for the purpose of satisf!ing such lawful participation. #nd if within the same time of two (,) !ears. it shall appear that there are debts outstanding against the estate which have not been paid. or that an heir or other person has been undul! deprived of his lawful participation pa!able in mone!. the court having 'urisdiction of the estate ma!. b! order for that purpose. after hearing. settle the amount of such debts or lawful participation and order how much and in what manner each distributee shall contribute in the pa!ment thereof. and ma! issue e1ecution. if circumstances re3uire. against the bond provided in the preceding section or against the real estate belonging to the deceased. or both. Such bond and such real estate shall remain charged with a liabilit! to creditors. heirs. or other persons for the full period of two (,) !ears after such distribution. notwithstanding an! transfers of real estate that ma! have been made. Sec. 8. Period for claim of minor or incapacitated person. - -f on the date of the e1piration of the period of two (,) !ears prescribed in the preceding section the person authori%ed to file a claim is a minor or mentall! incapacitated. or is in prison or outside the /hilippines. he ma! present his claim within one (1) !ear after such disabilit! is removed. RULE 75 PRODUCTION OF WILL; ALLOWANCE OF WILL NECESSARY Sec. 1. Allowances necessary" #onclusive as to execution. - 9o will shall pass either real or personal estate unless it is proved and allowed in the proper court. Sub'ect to the right of appeal. such allowance of the will shall be conclusive as to its due e1ecution. Sec. ,. #ustodian of will to deliver. - "he person who has custod! of a will shall. within twent! (,:) da!s after he )nows of the death of the testator. deliver the will to the court having 'urisdiction. or to the e1ecutor named in the will. Sec. 4. Executor to present will and accept or refuse trust. - # person named as e1ecutor in a will shall. within twent! (,:) da!s after he )nows of the death of the testator. or within twent! (,:) da!s after )nows that he is named e1ecutor if he obtained such )nowledge after the death of the testator. present such will to the court having 'urisdiction. unless the will has reached the court in an! other manner. and shall. within such period. signif! to the court in writing his acceptance of the trust or his refusal to accept it. Sec. 5. #ustodian and executor subject to fine for neglect. - # person who neglects an! of the duties re3uired in the two last preceding sections without e1cuse satisfactor! to the court shall be fined not e1ceeding two thousand pesos. Sec. 8. Person retaining will may be committed. - # person having custod! of a will after the death of the testator who neglects without reasonable cause to deliver the same. when ordered so to do. to the court having 'urisdiction. ma! be committed to prison and there )ept until he delivers the will. RULE 76 ALLOWANCE OR DISALLOWANCE OF WILL Sec. 1. Who may petition for the allowance of will. - #n! e1ecutor. devisee. or legatee named in a will. or an! other person interested in the estate. ma!. at an! time after the death of the testator. petition the court having 'urisdiction to have the will allowed. whether the same be in his possession or not. or is lost or destro!ed. "he testator himself ma!. during his lifetime. petition the court for the allowance of his will. Sec. ,. #ontents of petition. - # petition for the allowance of a will must show. so far as )nown to the petitioner: (a) "he 'urisdictional facts; (b) "he names. ages. and residences of the heirs. legatees. and devisees of the testator or decedent; (c) "he probable value and character of the propert! of the estate;
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(d) "he name of the person for whom letters are pra!ed; (e) -f the will has not been delivered to the court. the name of the person having custod! of it. 6ut no defect in the petition shall render void the allowance of the will. or the issuance of letters testamentar! or of administration with the will anne1ed. Sec. 4. #ourt to appoint time for proving will. - 9otice thereof to be published. 2hen a will is delivered to. or a petition for the allowance of a will is filed in. the court having 'urisdiction. such court shall fi1 a time and place for proving the will when all concerned ma! appear to contest the allowance thereof. and shall cause notice of such time and place to be published three (4) wee)s successivel!. previous to the time appointed. in a newspaper of general circulation in the province. 6ut no newspaper publication shall be made where the petition for probate has been filed b! the testator himself. Sec. 5. $eirs% devisees% legatees% and executors to be notified by mail or personally. - "he court shall also cause copies of the notice of the time and place fi1ed for proving the will to be addressed to the designated or other )nown heirs. legatees. and devisees of the testator resident in the /hilippines at their places of residence. and deposited in the post office with the postage thereon prepaid at least twent! (,:) da!s before the hearing. if such places of residence be )nown. # cop! of the notice must in li)e manner be mailed to the person named as e1ecutor. if he be not be petitioner; also. to an! person named as co-e1ecutor not petitioning. if their places of residence be )nown. /ersonal service of copies of the notice at least ten (1:) da!s before the da! of hearing shall be e3uivalent to mailing. -f the testator as)s for the allowance of his own will. notice shall be sent onl! to his compulsor! heirs. Sec. 8. Proof at hearing. - 2hat sufficient in absence of contest. #t the hearing compliance with the provisions of the last two preceding sections must be shown before the introduction of testimon! in support of the will. #ll such testimon! shall be ta)en under oath and reduced to writing. -f no person appears to contest the allowance of the will. the court ma! grant allowance thereof on the testimon! of one of the subscribing witnesses onl!. if such witness testif! that the will was e1ecuted as is re3uired b! law. -n the case of a holographic will. it shall be necessar! that at least one witness who )nows the handwriting and signature of the testator e1plicitl! declare that the will and the signature are in the handwriting of the testator. -n the absence of an! such competent witness. and if the court deem it necessar!. e1pert testimon! ma! be resorted to. Sec. ;. Proof of lost or destroyed will. - &ertificate thereupon. 9o will shall be proved as a lost or destro!ed will unless the e1ecution and validit! of the same be established. and the will is proved to have been in e1istence at the time of death of the testator. or is shown to have been fraudulentl! or accidentall! destro!ed in the lifetime of the testator without his )nowledge. nor unless its provisions are clearl! and distinctl! proved b! at least two (,) credible witnesses. 2hen a lost will is proved. the provisions thereof must be distinctl! stated and certified b! the 'udge. under the seal of the court. and the certificate must be filed and recorded as other wills are filed and recorded. Sec. <. Proof when witnesses do not reside in province. - -f it appears at the time fi1ed for the hearing that none of the subscribing witnesses resides in the province. but that the deposition of one or more of them can be ta)en elsewhere. the court ma!. on motion. direct it to be ta)en. and ma! authori%e a photographic cop! of the will to be made and to be presented to the witness on his e1amination. who ma! be as)ed the same 3uestions with respect to it. and to the handwriting of the testator and others. as would be pertinent and competent if the original will were present. Sec. =. Proof when witnesses dead or insane or do not reside in the Philippines. - -f it appears at the time fi1ed for the hearing that the subscribing witnesses are dead or insane. or that none of them resides in the /hilippines. the court ma! admit the testimon! of other witnesses to prove the sanit! of the testator. and the due e1ecution of the will; and as evidence of the e1ecution of the will. it ma! admit proof of the handwriting of the testator and of the subscribing witnesses. or of an! of them. Sec. >. &rounds for disallowing will. - "he will shall be disallowed in an! of the following cases:
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(a) -f not e1ecuted and attested as re3uired b! law; (b) -f the testator was insane. or otherwise mentall! incapable to ma)e a will. at the time of its e1ecution; (c) -f it was e1ecuted under duress. or the influence of fear. or threats; (d) -f it was procured b! undue and improper pressure and influence. on the part of the beneficiar!. or of some other person for his benefit; (e) -f the signature of the testator was procured b! fraud or tric). and he did not intend that the instrument should be his will at the time of fi1ing his signature thereto. Sec. 1:. #ontestant to file grounds of contest. - #n!one appearing to contest the will must state in writing his grounds for opposing its allowance. and serve a cop! thereof on the petitioner and other parties interested in the estate. Sec. 11. Subscribing witnesses produced or accounted for where will contested. - -f the will is contested. all the subscribing witnesses. and the notar! in the case of wills e1ecuted under the &ivil &ode of the /hilippines. if present in the /hilippines and not insane. must be produced and e1amined. and the death. absence. or insanit! of an! of them must be satisfactor! shown to the court. -f all or some of such witnesses are present in the /hilippines but outside the province where the will has been filed. their deposition must be ta)en. -f an! or all of them testif! against the due e1ecution of the will. or do not remember having attested to it. or are otherwise of doubtful credibilit!. the will ma!. nevertheless. be allowed if the court is satisfied from the testimon! of other witnesses and from all the evidence presented that the will was e1ecuted and attested in the manner re3uired b! law. -f a holographic will is contested. the same shall be allowed if at least three (4) witnesses who )now the handwriting of the testator e1plicitl! declare that the will and the signature are in the handwriting of the testator; in the absence of an! competent witness. and if the court deem it necessar!. e1pert testimon! ma! be resorted to. Sec. 1,. Proof where testator petitions for allowance of holographic will. - 2here the testator himself petitions for the probate of his holographic will and no contest in filed. the fact that he affirms that the holographic will and the signature are in his own handwriting. shall be sufficient evidence of the genuineness and due e1ecution thereof. -f the holographic will is contested. the burden of disproving the genuineness and due e1ecution thereof shall be on the contestant. "he testator ma!. in his turn. present such additional proof as ma! be necessar! to rebut the evidence for the contestant. Sec. 14. #ertificate of allowance attached to proved will. - "o be recorded in the ?ffice of Register of +eeds. -f the court is satisfied. upon proof ta)en and filed. that the will was dul! e1ecuted. and that the testator at the time of its e1ecution was of sound and disposing mind. and not acting under duress. menace. and undue influence. or fraud. a certificate of its allowance. signed b! the 'udge. and attested b! the seal of the court shall be attached to the will and the will and certificate filed and recorded b! the cler). #ttested copies of the will devising real estate and of certificate of allowance thereof. shall be recorded in the register of deeds of the province in which the lands lie. RULE 77 ALLOWANCE OF WILL PROVED OUTSIDE OF PHILIPPINES AND ADMINISTRATION OF ESTATE THEREUNDER

Sec. 1. Will proved outside Philippines may be allowed here. - 2ills proved and allowed in a foreign countr!. according to the laws of such countr!. ma! be allowed. filed. and recorded b! the proper &ourt of 0irst -nstance in the /hilippines. Sec. ,. 'otice of hearing for allowance. - 2hen a cop! of such will and of the order or decree of the allowance thereof. both dul! authenticated. are filed with a petition for allowance in the /hilippines. b! the e1ecutor or other person interested. in the court having 'urisdiction. such court shall fi1 a time and place for the hearing. and cause notice thereof to be given as in case of an original will presented for allowance.
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Sec. 4. When will allowed% and effect thereof. - -f it appears at the hearing that the will should be allowed in the /hilippines. the court shall so allow it. and a certificate of its allowance. signed b! the 'udge. and attested b! the seal of the court. to which shall be attached a cop! of the will. shall be filed and recorded b! the cler). and the will shall have the same effect as if originall! proved and allowed in such court. Sec. 5. Estate% how administered. - 2hen a will is thus allowed. the court shall grant letters testamentar!. or letters of administration with the will anne1ed. and such letters testamentar! or of administration. shall e1tend to all the estate of the testator in the /hilippines. Such estate. after the pa!ment of 'ust debts and e1penses of administration. shall be disposed of according to such will. so far as such will ma! operate upon it; and the residue. if an!. shall be disposed of as is provided b! law in cases of estates in the /hilippines belonging to persons who are inhabitants of another state or countr!. RULE 78 LETTERS TESTAMENTARY AND OF ADMINISTRATION WHEN AND TO WHOM ISSUED Sec. 1. Who are incompetent to serve as executors or administrators. - 9o person is competent to serve as e1ecutor or administrator who: (a) -s a minor; (b) -s not a resident of the /hilippines; and (c) -s in the opinion of the court unfit to e1ecute the duties of the trust b! reason of drun)enness. improvidence. or want of understanding or integrit!. or b! reason of conviction of an offense involving moral turpitude. Sec. ,. Executor of executor not to administer estate. - "he e1ecutor of an e1ecutor shall not. as such. administer the estate of the first testator. Sec. 4. (arried women may serve. - # married woman ma! serve as e1ecutri1 or administratri1. and the marriage of a single woman shall not affect her authorit! so to serve under a previous appointment. Sec. 5. !etters testamentary issued when will allowed. - 2hen a will has been proved and allowed. the court shall issue letters testamentar! thereon to the person named as e1ecutor therein. if he is competent. accepts the trust. and gives bond as re3uired b! these rules. Sec. 8. Where some coexecutors dis)ualified others may act. - 2hen all of the e1ecutors named in a will can not act because of incompetenc!. refusal to accept the trust. or failure to give bond. on the part of one or more of them. letters testamentar! ma! issue to such of them as are competent. accept and give bond. and the! ma! perform the duties and discharge the trust re3uired b! the will. Sec. ;. When and to whom letters of administration granted. - -f no e1ecutor is named in the will. or the e1ecutor or e1ecutors are incompetent. refuse the trust. or fail to give bond. or a person dies intestate. administration shall be granted: (a) "o the surviving husband or wife. as the case ma! be. or ne1t of )in. or both. in the discretion of the court. or to such person as such surviving husband or wife. or ne1t of )in. re3uests to have appointed. if competent and willing to serve; (b) -f such surviving husband or wife. as the case ma! be. or ne1t of )in. or the person selected b! them. be incompetent or unwilling. or if the husband or widow. or ne1t of )in. neglects for thirt! (4:) da!s after the death of the person to appl! for administration or to re3uest that administration be granted to some other person. it ma! be granted to one or more of the principal creditors. if competent and willing to serve; (c) -f there is no such creditor competent and willing to serve. it ma! be granted to such other person as the court ma! select.
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RULE 7! OPPOSING ISSUANCE OF LETTERS TESTAMENTARY" PETITION AND CONTEST FOR LETTERS OF ADMINISTRATION Sec. 1. *pposition to issuance of letters testamentary" Simultaneous petition for administration. - #n! person interested in a will ma! state in writing the grounds wh! letters testamentar! should not issue to the persons named therein e1ecutors. or an! of them. and the court. after hearing upon notice. shall pass upon the sufficienc! of such grounds. # petition ma!. at the same time. be filed for letters of administration with the will anne1ed. Sec. ,. #ontents of petition for letters of administration. - # petition for letters of administration must be filed b! an interested person and must show. so far as )nown to the petitioner: (a) "he 'urisdictional facts; (b) "he names. ages. and residences of the heirs. and the names and residences of the creditors. of the decedent (c) "he probable value and character of the propert! of the estate; (d) "he name of the person for whom letters of administration are pra!ed. 6ut no defect on the petition shall render void the issuance of letters of administration. Sec. 4. #ourt to set time for hearing. 'otice thereof. - 2hen a petition for letters of administration is filed in the court having 'urisdiction. such court shall fi1 a time and place for hearing the petition. and shall cause notice thereof to be given to the )nown heirs and creditors of the decedent. and to an! other persons believed to have an interest in the estate. in the manner provided in Sections 4 and 5 of Rule <;. Sec. 5. *pposition to petition for administration. - #n! interested person ma!. b! filing a written opposition. contest the petition on the ground of the incompetenc! of the person for whom letters are pra!ed therein. or on the ground of the contestant7s own right to the administration. and ma! pra! that letters issue to himself. or to an! competent person or persons named in the opposition. Sec. 8. $earing and order for letters to issue. - #t the hearing of the petition. it must first be shown that notice has been given as hereinabove re3uired. and thereafter the court shall hear the proofs of the parties in support of their respective allegations. and if satisfied that the decedent left no will. or that there is no competent and willing e1ecutor. it shall order the issuance of letters of administration to the part! best entitled thereto. Sec. ;. When letters of administration granted to any applicant. - @etters of administration ma! be granted to an! 3ualified applicant. though it appears that there are other competent persons having better right to the administration. if such persons fail to appear when notified and claim the issuance of letters to themselves. RULE 8# SPECIAL ADMINISTRATOR Sec. 1. Appointment of special administrator.- 2hen there is dela! in granting letters testamentar! or of administration b! an! cause including an appeal from the allowance or disallowance of a will. the court ma! appoint a special administrator to ta)e possession and charge of the estate of the deceased until the 3uestions causing the dela! are decided and e1ecutors or administrators appointed. Sec. ,. Powers and duties of special administrator. - Such special administrator shall ta)e possession and charge of goods. chattels. rights. credits. and estate of the deceased and preserve the same for the e1ecutor or administrator afterwards appointed. and for that purpose ma! commence and maintain suits as administrator. $e ma! sell onl! such perishable and other propert! as the court orders sold. # special administrator shall not be liable to pa! an! debts of the deceased unless so ordered b! the court. Sec. 4. When powers of special administrator cease" +ransfer of effects" Pending suits. - 2hen letters testamentar! or of administration are granted on the estate of the deceased. the powers of the special administrator shall cease. and
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he shall forthwith deliver to the e1ecutor or administrator the goods. chattels. mone!. and estate of the deceased in his hands. "he e1ecutor or administrator ma! prosecute to final 'udgment suits commenced b! such special administrator.

RULE 8$ BONDS OF E%ECUTORS AND ADMINISTRATORS Sec. 1. ond to be given before issuance of letters" Amount" #onditions. - 6efore an e1ecutor or administrator enters upon the e1ecution of his trust. and letters testamentar! or of administration issue. he shall give a bond. in such sum as the court directs. conditioned as follows: (a) "o ma)e and return to the court. within three (4) months. a true and complete inventor! of all goods. chattels. rights. credits. and estate of the deceased which shall come to his possession or )nowledge or to the possession of an! other person for him; (b) "o administer according to these rules. and. if an e1ecutor. according to the will of the testator. all goods. chattels. rights. credits. and estate which shall at an! time come to his possession or to the possession of an! other person for him. and from the proceeds to pa! and discharge all debts. legacies. and charges on the same. or such dividends thereon as shall be decreed b! the court; (c) "o render a true and 'ust account of his administration to the court within one (1) !ear. and at an! other time when re3uired b! the court; (d) "o perform all orders of the court b! him to be performed. Sec. ,. ond of executor where directed in will. When further bond re)uired. - -f the testator in his will directs that the e1ecutor serve without bond. or with onl! his individual bond. he ma! be allowed b! the court to give bond in such sum and with such suret! as the court approves conditioned onl! to pa! the debts of the testator; but the court ma! re3uire of the e1ecutor a further bond in case a change in his circumstances. or for other sufficient cause. with the conditions named in the last preceding section. Sec. 4. onds of joint executors and administrators. - 2hen two or more persons are appointed e1ecutors or administrators the court ma! ta)e a separate bond from each. or a 'oint bond from all. Sec. 5. ond of special administrator. - # special administrator before entering upon the duties of his trust shall give a bond. in such sum as the court directs. conditioned that he will ma)e and return a true inventor! of the goods. chattels. rights. credits. and estate of the deceased which come to his possession or )nowledge. and that he will trul! account for such as are received b! him when re3uired b! the court. and will deliver the same to the person appointed e1ecutor or administrator. or to such other person as ma! be authori%ed to receive them.

RULE 82 REVOCATION OF ADMINISTRATION DEATH RESIGNATION AND REMOVAL OF E%ECUTORS AND ADMINISTRATORS Sec. 1. Administration revo,ed if will discovered" Proceedings thereupon. - -f after letters of administration have been granted on the estate of a decedent as if he had died intestate. his will is proved and allowed b! the court. the letters of administration shall be revo)ed and all powers thereunder cease. and the administrator shall forthwith surrender the letters to the court. and render his account within such time as the court directs. /roceedings for the issuance of letters testamentar! or of administration under the will shall be as hereinbefore provided. Sec. ,. #ourt may remove or accept resignation of executor or administrator" Proceedings upon death% resignation% or removal. - -f an e1ecutor or administrator neglects to render his account and settle the estate according to law. or to perform an order or 'udgment of the court. or a dut! e1pressl! provided b! these rules. or absconds. or becomes insane. or otherwise incapable or unsuitable to discharge the trust. the court ma! remove him. or. in its discretion. ma!
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permit him to resign. 2hen an e1ecutor or administrator dies. resigns. or is removed the remaining e1ecutor or administrator ma! administer the trust alone. unless the court grants letters to someone to act with him. -f there is no remaining e1ecutor or administrator. administration ma! be granted to an! suitable person. Sec. 4. Acts before revocation% resignation% or removal to be valid. - "he lawful acts an e1ecutor or administrator before the revocation of his letters testamentar! or of administration. or before his resignation or removal. shall have the li)e validit! as if there had been no such revocation. resignation. or removal. Sec. 5. Powers of new executor or administrator. - Renewal of license to sell real estate. "he person to whom letters testamentar! or of administration are granted after the revocation of former letters. or the death. resignation. or removal of a former e1ecutor or administrator. shall have the li)e powers to collect and settle the estate not administered that the former e1ecutor or administrator had. and ma! prosecute or defend actions commenced b! or against the former e1ecutor or administrator. and have e1ecution on 'udgments recovered in the name of such former e1ecution or administrator. #n authorit! granted b! the court to the former e1ecutor or administrator for the sale or mortgage of real estate ma! be renewed in favor of such person without further notice or hearing. RULE 83 INVENTORY AND APPRAISAL; PROVISION FOR SUPPORT OF FAMILY Sec. 1. -nventory and appraisal to be returned within three months. - 2hen three (4) months after his appointment ever! e1ecutor or administrator shall return to the court a true inventor! and appraisal of all the real and personal estate of the deceased which has come into his possession or )nowledge. -n the appraisement of such estate. the court ma! order one or more of the inheritance ta1 appraisers to give his or their assistance. Sec. ,. #ertain articles not to be inventoried. - "he wearing apparel of the surviving husband or wife and minor children. the marriage bed and bedding. and such provisions and other articles as will necessaril! be consumed in the subsistence of the famil! of the deceased. under the direction of the court. shall not be considered as assets. nor administered as such. and shall not be included in the inventor!. Sec. 4. Allowance to widow and family. - "he widow and minor or incapacitated children of a deceased person. during the settlement of the estate. shall receive therefrom. under the direction of the court. such allowance as are provided b! law. RULE 84 GENERAL POWERS AND DUTIES OF E%ECUTORS AND ADMINISTRATORS Sec. 1. Executor or administrator to have access to partnership boo,s and property" $ow right enforced. - "he e1ecutor or administrator of the estate of a deceased partner shall at all times have access to. and ma! e1amine and ta)e copies of. boo)s and papers relating to the partnership business. and ma! e1amine and ma)e invoices of the propert! belonging to such partnership; and the surviving partner or partners. on re3uest. shall e1hibit to him all such boo)s. papers. and propert! in their hands or control. ?n the written application of such e1ecutor or administrator. the court having 'urisdiction of the estate ma! order an! such surviving partner or partners to freel! permit the e1ercise of the rights. and to e1hibit the boo)s. papers. and propert!. as in this section provided. and ma! punish an! partner failing to do so for contempt. Sec. ,. Executor or administrator to ,eep buildings in repair. - #n e1ecutor or administrator shall maintain in tenantable repair the houses and other structures and fences belonging to the estate. and deliver the same in such repair to the heirs or devisees when directed so to do b! the court. Sec. 4. Executor or administrator to retain whole estate to pay debts% and to administer estate not willed. - #n e1ecutor or administrator shall have the right to the possession and management of the real as well as the personal estate of the deceased so long as it is necessar! for the pa!ment of the debts and the e1penses of administration. RULE 85 ACCOUNTABILITY AND COMPENSATION OF E%ECUTORS AND ADMINISTRATORS
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Sec. 1. Executor or administrator chargeable with all estate and income. - E1cept as otherwise e1pressl! provided in the following sections. ever! e1ecutor or administrator is chargeable in his account with the whole of the estate of the deceased which has come into his possession. at the value of the appraisement contained in the inventor!; with all the interest. profit. and income of such estate; and with the proceeds of so much of the estate as is sold b! him. at the price at which it was sold. Sec. ,. 'ot to profit by increase or lose by decrease in value. - 9o e1ecutor or administrator shall profit b! the increase. or suffer loss b! the decrease or destruction. without his fault. of an! part of the estate. $e must account for the e1cess when he sells an! part of the estate for more than appraisement. and if an! is sold for less than the appraisement. he is not responsible for the loss. if the sale has been 'ustl! made. -f he settles an! claim against the estate for less than its nominal value. he is entitled to charge in his account onl! the amount he actuall! paid on the settlement. Sec. 4. When not accountable for debts due estate. - 9o e1ecutor or administrator shall be accountable for debts due the deceased which remain uncollected without his fault. Sec. 5. Accountable for income from realty used by him. - -f the e1ecutor or administrator uses or occupies an! part of the real estate himself. he shall account for it as ma! be agreed upon between him and the parties interested. or ad'usted b! the court with their assent; and if the parties do not agree upon the sum to be allowed. the same ma! be ascertained b! the court. whose determination in this respect shall be final. Sec. 8. Accountable if he neglects or delays to raise or pay money. - 2hen an e1ecutor or administrator neglects or unreasonabl! dela!s to raise mone!. b! collecting the debts or selling the real or personal estate of the deceased. or neglects to pa! over the mone! he has in his hands. and the value of the estate is thereb! lessened or unnecessar! cost or interest accrues. or the persons interested suffer loss. the same shall be deemed waste and the damage sustained ma! be charged and allowed against him in his account. and he shall be liable therefor on his bond. Sec. ;. When allowed money paid as costs. - "he amount paid b! an e1ecutor or administrator for costs awarded against him shall be allowed in his administration account. unless it appears that the action or proceeding in which the costs are ta1ed was prosecuted or resisted without 'ust cause. and not in good faith. Sec. <. What expenses and fees allowed executor or administrator. - 9ot to charge for services as attorne!. &ompensation provided b! will controls unless renounced. #n e1ecutor or administrator shall be allowed the necessar! e1penses in the care. management. and settlement of the estate. and for his services. four pesos per da! for the time actuall! and necessaril! emplo!ed. or a commission upon the value of so much of the estate as comes into his possession and is finall! disposed of b! him in the pa!ment of debts. e1penses. legacies. or distributive shares. or b! deliver! to heirs or devisees. of two per centum of the first five thousand pesos of such value. one per centum of so much of such value as e1ceeds five thousand pesos and does not e1ceed thirt! thousand pesos. one-half per centum of so much of such value as e1ceeds thirt! thousand pesos and does not e1ceed one hundred thousand pesos and one-3uarter per centum of so much of such value as e1ceed one hundred thousand pesos. 6ut in an! special case. where the estate is large. and the settlement has been attended with great difficult!. and has re3uired a high degree or capacit! on the part of the e1ecutor or administrator. a greater sum ma! be allowed. -f ob'ection to the fees allowed be ta)en. the allowance ma! be re-e1amined on appeal. -f there are two or more e1ecutors or administrators. the compensation shall be apportioned among them b! the court according to the services actuall! rendered b! them respectivel!. 2hen the e1ecutor or administrator is an attorne!. he shall not charge against the estate an! professional fees for legal services rendered b! him. 2hen the deceased b! will ma)es some other provision for the compensation of his e1ecutor. that provision shall be a full satisfaction for his services unless b! a written instrument filed in the court he renounces all claim to the compensation provided b! the will. Sec. =. When executor or administrator to render account. - Ever! e1ecutor or administrator shall render an account of his administration within one (1) !ear from the time of receiving letters testamentar! or of administration. unless the
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court otherwise directs because of e1tensions of time for presenting claims against. or pa!ing the debts of. the estate. or for disposing of the estate; and he shall render such further accounts as the court ma! re3uire until the estate is wholl! settled. Sec. >. Examination on oath with respect to account. - "he court ma! e1amine the e1ecutor or administrator upon oath with respect to ever! matter relating to an! account rendered b! him. and shall so e1amine him as to the correctness of his account before the same is allowed. e1cept when no ob'ection is made to the allowance of the account and its correctness is satisfactoril! established b! competent proof. "he heirs. legatees. distributees. and creditors of the estate shall have the same privilege as the e1ecutor or administrator of being e1amined on oath of an! matter relating to an administration. Sec. 1:. Account to be settled on notice. - 6efore the account of an e1ecutor or administrator is allowed. notice shall be given to persons interested of time and place of e1amining and allowing the same; and such notice ma! be given personall! to such persons interested or b! advertisement in a newspaper or newspapers. or both. as the court directs. Sec. 11. Surety on bond may be party to accounting. - Apon the settlement of the account of an e1ecutor or administrator. a person liable as suret! in respect to such account ma!. upon application. be admitted as part! to such accounting.

RULE 86 CLAIMS AGAINST ESTATE Sec. 1. 'otice to creditors to be issued by court. - -mmediatel! after granting letters testamentar! or of administration. the court shall issue a notice re3uiring all persons having mone! claims against the decedent to file them in the office of the cler) of said court. Sec. ,. +ime within which claims shall be filed. - -n the notice provided in the preceding section. the court shall state the time for the filing of claims against the estate. which shall not be more than twelve (1,) nor less than si1 (;) months after the date of the first publication of the notice. $owever. at an! time before an order of distribution is entered. on application of a creditor who has failed to file his claim within the time previousl! limited. the court ma!. for cause shown and on such terms as are e3uitable. allow such claim to be filed within a time not e1ceeding one (1) month. Sec. 4. Publication of notice to creditors. - Ever! e1ecutor or administrator shall. immediatel! after the notice to creditors is issued. cause the same to be published three (4) wee)s successivel! in a newspaper of general circulation in the province. and to be posted for the same period in four public places in the province and in two public places in the municipalit! where the decedent last resided. Sec. 5. .iling copy of printed notice. - 2ithin ten (1:) da!s after the notice has been published and posted in accordance with the preceding section. the e1ecutor or administrator shall file or cause to be filed in the court a printed cop! of the notice accompanied with an affidavit setting forth the dates of the first and last publication thereof and the name of the newspaper in which the same is printed. Sec. 8. #laims which must be filed under the notice. - -f not filed. barred; e1ceptions. #ll claims for mone! against the decedent. arising from contract. e1press or implied. whether the same be due. not due. or contingent. all claims for funeral e1penses and e1penses for the last sic)ness of the decedent. and 'udgment for mone! against the decedent. must be filed within the time limited in the notice; otherwise the! are barred forever. e1cept that the! ma! be set forth as counterclaims in an! action that the e1ecutor or administrator ma! bring against the claimants. 2here an e1ecutor or administrator commences an action. or prosecutes an action alread! commenced b! the deceased in his lifetime. the debtor ma! set forth b! answer the claims he has against the decedent. instead of presenting them independentl! to the court as herein provided. and mutual claims ma! be set off against each other in such action; and if final 'udgment is rendered in favor of the defendant. the amount so determined shall be considered the true balance against the estate. as though the claim had been presented directl! before the court in the administration proceedings. &laims not !et due or contingent. ma! be approved at their present value.

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Sec. ;. Solidary obligation of decedent. - 2here the obligation of the decedent is solidar! with another debtor. the claim shall be filed against the decedent as if he were the onl! debtor. without pre'udice to the right of the estate to recover contribution form the other debtor. -n a 'oint obligation of the decedent. the claim shall be confined to the portion belonging to him. Sec. <. (ortgage debt due from estate. - # creditor holding a claim against the deceased secured b! mortgage or other collateral securit!. ma! abandon the securit! and prosecute his claim in the manner provided in this rule. and share in the general distribution of the assets of the estate; or he ma! foreclose his mortgage or reali%e upon his securit!. b! action in court. ma)ing the e1ecutor or administrator a part! defendant. and if there is a 'udgment for a deficienc!. after the sale of the mortgaged premises. or the propert! pledged. in the foreclosure or other proceeding to reali%e upon the securit!. he ma! claim his deficienc! 'udgment in the manner provided in the preceding section; or he ma! rel! upon his mortgage of other securit! alone. and foreclose the same at an! time within the period of the statute of limitations. and in that event he shall not be admitted as a creditor. and shall receive no share in the distribution of the other assets of the estate; but nothing herein contained shall prohibit the e1ecutor or administrator from redeeming the propert! mortgaged or pledged. b! pa!ing the debt for which it is held as securit!. under the direction of the court. if the court shall ad'udge it to be for the best interest of the estate that such redemption shall be made. Sec. =. #laim of executor or administrator against an estate. - -f the e1ecutor or administrator has a claim against the estate he represents. he shall give notice thereof. in writing. to the court. and the court shall appoint a special administrator. who shall. in the ad'ustment of such claim. have the same power and be sub'ect to the same liabilit! as the general administrator or e1ecutor in the settlement of other claims. "he court ma! order the e1ecutor or administrator to pa! to the special administrator necessar! funds to defend such claim. Sec. >. $ow to file a claim. #ontents thereof" 'otice to executor or administrator. - # claim ma! be filed b! delivering the same with the necessar! vouchers to the cler) of court and b! serving a cop! thereof on the e1ecutor or administrator. -f the claim be founded on a bond. bill. note or an! other instrument. the original need not be filed. but a cop! thereof with all indorsements shall be attached to the claim and filed therewith. ?n demand. however. of the e1ecutor or administrator. or b! order of the court or 'udge. the original shall be e1hibited. unless it be lost or destro!ed. in which case the claimant must accompan! his claim with affidavit or affidavits containing a cop! or particular description of the instrument and stating its loss or destruction. 2hen the claim is due. it must be supported b! affidavit stating the amount 'ustl! due. that no pa!ments have been made thereon which are not credited. and that there are no offsets to the same. to the )nowledge of the affiant. -f the claim is not due. or is contingent. when filed. it must also be supported b! affidavit stating the particulars thereof. 2hen the affidavit is made b! a person other than the claimant. he must set forth therein the reason wh! it is not made b! the claimant. "he claim once filed shall be attached to the record of the case in which the letters testamentar! or of administration were issued. although the court. in its discretion. and as a matter of convenience. ma! order all the claims to be collected in a separate folder. Sec. 1:. Answer of executor or administrator" *ffsets. - 2ithin fifteen (18) da!s after service of a cop! of the claim on the e1ecutor or administrator. he shall file his answer admitting or den!ing the claim specificall!. and setting forth the substance of the matters which are relied upon to support the admission or denial. -f he has no )nowledge sufficient to enable him to admit or den! specificall!. he shall state such want of )nowledge. "he e1ecutor or administrator in his answer shall allege in offset an! claim which the decedent before death has against the claimant. and his failure to do so shall bar the claim forever. # cop! of the answer shall be served b! the e1ecutor or administrator on the claimant. "he court in its discretion ma! e1tend the time for filing such answer. Sec. 11. /isposition of admitted claim. - #n! claim admitted entirel! b! the e1ecutor or administrator shall immediatel! be submitted b! the cler) to the court who ma! approve the same without hearing; but the court. in its discretion. before approving the claim. ma! order that )nown heirs. legatees. or devisees be notified and heard. -f upon hearing. an heir. legatee. or devisee opposes the claim. the court ma!. in its discretion. allow him fifteen (18) da!s to file an answer to the claim in the manner prescribed in the preceding section. Sec. 1,. +rial of contested claim. - Apon the filing of an answer to a claim. or upon the e1piration of the time for such filing. the cler) of court shall set the claim for trial with notice to both parties. "he court ma! refer the claim to a commissioner. Sec. 14. 0udgment appealable. - "he 'udgment of the court approving or disapproving a claim. shall be filed with the record of the administration proceedings with notice to both parties. and is appealable as in ordinar! cases. # 'udgment
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against the e1ecutor or administrator shall be that he pa!. in due course of administration. the amount ascertained to be due. and it shall not create an! lien upon the propert! of the estate. or give to the 'udgment creditor an! priorit! of pa!ment. Sec. 15. #osts. - 2hen the e1ecutor or administrator. in his answer. admits and offers to pa! part of a claim. and the claimant refuses to accept the amount offered in satisfaction of his claim. if he fails to obtain a more favorable 'udgment. he cannot recover costs. but must pa! to the e1ecutor or administrator costs from the time of the offer. 2here an action commenced against the deceased for mone! has been discontinued and the claim embraced therein presented as in this rule provided. the prevailing part! shall be allowed the costs of his action up to the time of its discontinuance. RULE 87 ACTIONS BY AND AGAINST E%ECUTORS AND ADMINISTRATORS Sec. 1. Actions which may and which may not be brought against executor or administrator. - 9o action upon a claim for the recover! of mone! or debt or interest thereon shall be commenced against the e1ecutor or administrator; but actions to recover real or personal propert!. or an interest therein. from the estate. or to enforce a lien thereon. and actions to recover damages for an in'ur! to person or propert!. real or personal. ma! be commenced against him. Sec. ,. Executor or administrator may bring or defend actions which survive. - 0or the recover! or protection of the propert! or rights of the deceased. an e1ecutor or administrator ma! bring or defend. in the right of the deceased. actions for causes which survive. Sec. 4. $eir may not sue until have share assigned. - 2hen an e1ecutor or administrator is appointed and assumes the trust. no action to recover the title or possession of lands or for damages done to such lands shall be maintained against him b! an heir or devisee until there is an order of the court assigning such lands to such heir or devisee until the time allowed for pa!ing debts has e1pired. Sec. 5. Executor or administrator may compound with debtor. - 2ith the approval of the court. an e1ecutor or administrator ma! compound with the debtor of the deceased for a debt due. and ma! give a discharge of such debt on receiving a 'ust dividend of the estate of the debtor. Sec. 8. (ortgage due estate may be foreclosed. - # mortgage belonging to the estate of a deceased person. as mortgagee or assignee of the right of a mortgagee. ma! be foreclosed b! the e1ecutor or administrator. Sec. ;. Proceedings when property concealed% embe11led% or fraudulently conveyed. - -f an e1ecutor or administrator. heir. legatee. creditor. or other individual interested in the estate of the deceased. complains to the court having 'urisdiction of the estate that a person is suspected of having concealed. embe%%led. or conve!ed awa! an! of the mone!. goods. or chattels of the deceased. or that such person has in his possession or has )nowledge of an! deed. conve!ance. bond. contract. or other writing which contains evidence of or tends to disclose the right. title. interest. or claim of the deceased to real or personal estate. or the last will and testament of the deceased. the court ma! cite such suspected person to appear before it and ma! e1amine him on oath on the matter of such complaint; and if the person so cited refuses to appear. or to answer on such e1amination or such interrogatories as are put to him. the court ma! punish him for contempt. and ma! commit him to prison until he submits to the order of the court. "he interrogatories put to an! such person. and his answers thereto. shall be in writing and shall be filed in the cler)7s office. Sec. <. Person entrusted with estate compelled to render account. - "he court. on complaint of an e1ecutor or administrator. ma! cite a person entrusted b! an e1ecutor or administrator with an! part of the estate of the deceased to appear before it. and ma! re3uire such person to render a full account. on oath. of the mone!. goods. chattels. bonds. accounts. or other papers belonging to such estate as came to his possession in trust for such e1ecutor or administrator. and of his proceedings thereon; and if the person so cited refuses to appear to render such account. the court ma! punish him for contempt as having disobe!ed a lawful order of the court. Sec. =. Embe11lement before letters issued. - -f a person. before the granting of letters testamentar! or of administration on the estate of the deceased. embe%%les or alienates an! of the mone!. goods. chattels. or effects of

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such deceased. such person shall be liable to an action in favor of the e1ecutor or administrator of the estate for double the value of the propert! sold. embe%%led. or alienated. to be recovered for the benefit of such estate. Sec. >. Property fraudulently conveyed by deceased may be recovered" When executor or administrator must bring action. - 2hen there is deficienc! of assets in the hands of an e1ecutor or administrator for the pa!ment of debts and e1penses of administration. and the deceased in his lifetime had conve!ed real or personal propert!. or a right or interest therein. or a debt or credit. with intent to defraud his creditors or to avoid an! right. debt. or dut!; or had so conve!ed such propert!. right. interest. debt. or credit that b! law the conve!ance would be void as against his creditors. and the sub'ect of the attempted conve!ance would be liable to attachment b! an! of them in his lifetime. the e1ecutor or administrator ma! commence and prosecute to final 'udgment an action for the recover! of such propert!. right. interest. debt. or credit for the benefit of the creditors; but he shall not be bound to commence the action unless on application of the creditors of the deceased. nor unless the creditors ma)ing the application pa! such part of the costs and e1penses. or give securit! therefor to the e1ecutor or administrator. as the court deems e3uitable. Sec. 1:. When creditor may bring action" !ien for costs. - 2hen there is such a deficienc! of assets. and the deceased in his lifetime had made or attempted such a conve!ance. as is stated in the last preceding section. and the e1ecutor or administrator has not commenced the action therein provided for. an! creditor of the estate ma!. with the permission of the court. commence and prosecute to final 'udgment. in the name of the e1ecutor or administrator. a li)e action for the recover! of the sub'ect of the conve!ance or attempted conve!ance for the benefit of the creditors. 6ut the action shall not be commenced until the creditors has filed in a court a bond e1ecuted to the e1ecutor or administrator. in an amount approved b! the 'udge. conditioned to indemnif! the e1ecutor or administrator against the costs and e1penses incurred b! reason of such action. Such creditor shall have a lien upon an! 'udgment recovered b! him in the action for such costs and other e1penses incurred therein as the court deems e3uitable. 2here the conve!ance or attempted conve!ance has been made b! the deceased in his lifetime in favor of the e1ecutor or administrator. the action which a creditor ma! bring shall be in the name of all the creditors. and permission of the court and filing of bond as above prescribed. are not necessar!. RULE 88 PAYMENT OF THE DEBTS OF THE ESTATE Sec. 1. /ebts paid in full if estate sufficient. - -f. after hearing all the mone! claims against the estate. and after ascertaining the amount of such claims. it appears that there are sufficient assets to pa! debts. the e1ecutor or administrator shall pa! the same within the time limited for that purpose. Sec. ,. Part of estate from which debt paid when provision made by will. - -f the testator ma)es provision b! his will. or designates the estate to be appropriated for the pa!ment of debts. the e1penses of administration. or the famil! e1penses. the! shall be paid according to the provisions of the will; but if the provisions made b! the will or the estate appropriated. is not sufficient for that purpose. such part of the estate of the testator. real or personal. as is not disposed of b! will. if an!. shall be appropriated for that purpose. Sec. 4. Personalty first chargeable for debts% then realty. - "he personal estate of the deceased not disposed of b! will shall be first chargeable with the pa!ment of debts and e1penses; and if said personal estate is not sufficient for that purpose. or its sale would redound to the detriment of the participants of the estate. the whole of the real estate not disposed of b! will. or so much thereof as is necessar!. ma! be sold. mortgaged. or otherwise encumbered for that purpose b! the e1ecutor or administrator. after obtaining the authorit! of the court therefor. #n! deficienc! shall be met b! contributions in accordance with the provisions of section ; of this rule. Sec. 5. Estate to be retained to meet contingent claims. - -f the court is satisfied that a contingent claim dul! filed is valid. it ma! order the e1ecutor or administrator to retain in his hands sufficient estate to pa! such contingent claim when the same becomes absolute. or. if the estate is insolvent. sufficient to pa! a portion e3ual to the dividend of the other creditors. Sec. 8. $ow contingent claim becoming absolute in two years allowed and paid" Action against distributees later. -f such contingent claim becomes absolute and is presented to the court. or to the e1ecutor or administrator. within two (,) !ears from the time limited for other creditors to present their claims. it ma! be allowed b! the court if not disputed
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b! the e1ecutor or administrator. and. if disputed. it ma! be proved and allowed or disallowed b! the court as the facts ma! warrant. -f the contingent claim is allowed. the creditor shall receive pa!ment to the same e1tent as the other creditors if the estate retained b! the e1ecutor or administrator is sufficient. 6ut if the claim is not so presented. after having become absolute. within said two (,) !ears. and allowed. the assets retained in the hands of the e1ecutor or administrator. not e1hausted in the pa!ment of claims. shall be distributed b! the order of the court to the persons entitled to the same; but the assets so distributed ma! still be applied to the pa!ment of the claim when established. and the creditor ma! maintain an action against the distributees to recover the debt. and such distributees and their estates shall be liable for the debt in proportion to the estate the! have respectivel! received from the propert! of the deceased. Sec. ;. #ourt to fix contributive shares where devisees% legatees% or heirs have been in possession. - 2here devisees. legatees. or heirs have entered into possession of portions of the estate before the debts and e1penses have been settled and paid. and have become liable to contribute for the pa!ment of such debts and e1penses. the court having 'urisdiction of the estate ma!. b! order for that purpose. after hearing. settle the amount of their several liabilities. and order how much and in what manner each person shall contribute. and ma! issue e1ecution as circumstances re3uire. Sec. <. *rder of payment if estate insolvent. - -f the assets which can be appropriated for the pa!ment of debts are not sufficient for that purpose. the e1ecutor or administrator shall pa! the debts against the estate. observing the provisions of #rticles 1:8> and ,,4> to ,,81 of the &ivil &ode. Sec. =. /ividends to be paid in proportion to claims. - -f there are no assets sufficient to pa! the credits of an! one class of creditors after pa!ing the credits entitled to preference over it. each creditor within such class shall be paid a dividend in proportion to his claim. 9o creditor of an! one class shall receive an! pa!ment until those of the preceding class are paid. Sec. >. Estate of insolvent nonresident% how disposed of. - -n case administration is ta)en in the /hilippines of the estate of a person who was at the time of his death an inhabitant of another countr!. and who died insolvent. his estate found in the /hilippines shall. as far as practicable. be so disposed of that his creditors here and elsewhere ma! receive each an e3ual share. in proportion to their respective credits. Sec. 1:. When and how claim proved outside the Philippines against insolvent resident2s estate paid. - -f it appears to the court having 'urisdiction that claims have been dul! proven in another countr! against the estate of an insolvent who was at the time of his death an inhabitant of the /hilippines. and that the e1ecutor or administrator in the /hilippines had )nowledge of the presentation of such claims in such countr! and an opportunit! to contest their allowance. the court shall receive a certified list of such claims. when perfected in such countr!. and add the same to the list of claims proved against the deceased person in the /hilippines so that a 'ust distribution of the whole estate ma! be made e3uall! among all its creditors according to their respective claims; but the benefit of this and the preceding sections shall not be e1tended to the creditors in another countr! if the propert! of such deceased person there found is not e3uall! apportioned to the creditors residing in the /hilippines and the other creditors. according to their respective claims. Sec. 11. *rder for payment of debts. - 6efore the e1piration of the time limited for the pa!ment of the debts. the court shall order the pa!ment thereof. and the distribution of the assets received b! the e1ecutor or administrator for that purpose among the creditors. as the circumstances of the estate re3uire and in accordance with the provisions of this rule. Sec. 1,. *rders relating to payment of debts where appeal is ta,en. - -f an appeal has been ta)en from a decision of the court concerning a claim. the court ma! suspend the order for the pa!ment of the debts or ma! order the distribution among the creditors whose claims are definitel! allowed. leaving in the hands of the e1ecutor or administrator sufficient assets to pa! the claim disputed and appealed. 2hen a disputed claim is finall! settled the court having 'urisdiction of the estate shall order the same to be paid out of the assets retained to the same e1tent and in the same proportion with the claims of other creditors. Sec. 14. When subse)uent distribution of assets ordered. - -f the whole of the debts are not paid on the first distribution. and if the whole assets are not distributed. or other assets afterwards come to the hands of the e1ecutor or administrator. the court ma! from time to time ma)e further orders for the distribution of assets.
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Sec. 15. #reditors to be paid in accordance with terms of order. - 2hen an order is made for the distribution of assets among the creditors. the e1ecutor or administrator shall. as soon as the time of pa!ment arrives. pa! the creditors the amounts of their claims. or the dividend thereon. in accordance with the terms of such order. Sec. 18. +ime for paying debts and legacies fixed% or extended after notice% within what periods. - ?n granting letters testamentar! or administration the court shall allow to the e1ecutor or administrator a time for disposing of the estate and pa!ing the debts and legacies of the deceased. which shall not. in the first instance. e1ceed one (1) !ear; but the court ma!. on application of the e1ecutor or administrator and after hearing on such notice of the time and place therefor given to all persons interested as it shall direct. e1tend the time as the circumstances of the estate re3uire not e1ceeding si1 (;) months for a single e1tension nor so that the whole period allowed to the original e1ecutor or administrator shall e1ceed two (,) !ears. Sec. 1;. Successor of dead executor or administrator may have time extended on notice within certain period. - 2hen an e1ecutor or administrator dies. and a new administrator of the same estate is appointed. the court ma! e1tend the time allowed for the pa!ment of the debts or legacies be!ond the time allowed to the original e1ecutor or administrator. not e1ceeding si1 (;) months at a time and not e1ceeding si1 (;) months be!ond the time which the court might have allowed to such original e1ecutor or administrator; and notice shall be given of the time and place for hearing such application. as re3uired in the last preceding section. RULE 8! SALES MORTGAGES AND OTHER ENCUMBRANCES OF PROPERTY OF DECEDENT Sec. 1. *rder of sale of personalty. - Apon the application of the e1ecutor or administrator. and on written notice to the heirs and other persons interested. the court ma! order the whole or a part of the personal estate to be sold. if it appears necessar! for the purpose of pa!ing debts. e1penses of administration. or legacies. or for the preservation of the propert!. Sec. ,. When court may authori1e sale% mortgage% or other encumbrance of realty to pay debts and legacies through personalty not exhausted. - 2hen the personal estate of the deceased is not sufficient to pa! the debts. e1penses of administration. and legacies. or where the sale of such personal estate ma! in'ure the business or other interests of those interested in the estate. and where a testator has not otherwise made sufficient provision for the pa!ment of such debts. e1penses. and legacies. the court. on the application of the e1ecutor or administrator and on written notice to the heirs. devisees. and legatees residing in the /hilippines. ma! authori%e the e1ecutor or administrator to sell. mortgage. or otherwise encumber so much as ma! be necessar! of the real estate. in lieu of personal estate. for the purpose of pa!ing such debts. e1penses. and legacies. if it clearl! appears that such sale. mortgage. or encumbrances would be beneficial to the persons interested; and if a part cannot be sold. mortgaged. or otherwise encumbered without in'ur! to those interested in the remainder. the authorit! ma! be for the sale. mortgage. or other encumbrance of the whole of such real estate. or so much thereof as is necessar! or beneficial under the circumstances. Sec. 4. Persons interested may prevent such sale% etc.% by giving bond. - 9o such authorit! to sell. mortgage. or otherwise encumber real or personal estate shall be granted if an! person interested in the estate gives a bond. in a sum to be fi1ed b! the court. conditioned to pa! the debts. e1penses of administration. and legacies within such time as the court directs; and such bond shall be for the securit! of the creditors. as well as of the e1ecutor or administrator. and ma! be prosecuted for the benefit of either. Sec. 5. When court may authori1e sale of estate as beneficial to interested persons" /isposal of proceeds. - 2hen it appears that the sale of the whole or a part of the real or personal estate. will be beneficial to the heirs. devisees. legatees. and other interested persons. the court ma!. upon application of the e1ecutor or administrator and on written notice to the heirs. devisees and legatees who are interested in the estate to be sold. authori%e the e1ecutor or administrator to sell the whole or a part of said estate. although not necessar! to pa! debts. legacies. or e1penses of administration; but such authorit! shall not be granted if inconsistent with the provisions of a will. -n case of such sale. the proceeds shall be assigned to the persons entitled to the estate in the proper proportions. Sec. 8. When court may authori1e sale% mortgage% or other encumbrance of estate to pay debts and legacies in other countries. - 2hen the sale of personal estate. or the sale. mortgage. or other encumbrance of real estate is not
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necessar! to pa! the debts. e1penses of administration. or legacies in the /hilippines. but it appears from records and proceedings of a probate court in another countr! that the estate of the deceased in such other countr! is not sufficient to pa! the debts. e1penses of administration. and legacies there. the court here ma! authori%e the e1ecutor or administrator to sell the personal estate or to sell. mortgage. or otherwise encumber the real estate for the pa!ment of debts or legacies in the other countr!. in the same manner as for the pa!ment of debts or legacies in the /hilippines. Sec. ;. When court may authori1e sale% mortgage% or other encumbrance of realty ac)uired on execution or foreclosure. - "he court ma! authori%e an e1ecutor or administrator to sell. mortgage. or otherwise encumber real estate ac3uired b! him on e1ecution or foreclosure sale. under the same circumstances and under the same regulations as prescribed in this rule for the sale. mortgage. or other encumbrance of other real estate. Sec. <. 3egulations for granting authority to sell% mortgage% or otherwise encumber estate. - "he court having 'urisdiction of the estate of the deceased ma! authori%e the e1ecutor or administrator to sell personal estate. or to sell. mortgage. or otherwise encumber real estate; in cases provided b! these rules and when it appears necessar! or beneficial. under the following regulations: (a) "he e1ecutor or administrator shall file a written petition setting forth the debts due from the deceased. the e1penses of administration. the legacies. the value of the personal estate. the situation of the estate to be sold. mortgaged. or otherwise encumbered. and such other facts as show that the sale. mortgage. or other encumbrance is necessar! or beneficial; (b) "he court shall thereupon fi1 a time and place for hearing such petition. and cause notice stating the nature of the petition. the reason for the same. and the time and place of hearing. to be given personall! or b! mail to the persons interested. and ma! cause such further notice to be given. b! publication or otherwise. as it shall deem proper; (c) -f the court re3uires it. the e1ecutor or administrator shall give an additional bond. in such sum as the court directs. conditioned that such e1ecutor or administrator will account for the proceeds of the sale. mortgage. or other encumbrance; (d) -f the re3uirements in the preceding subdivisions of this section have been complied with. the court. b! order stating such compliance. ma! authori%e the e1ecutor or administrator to sell. mortgage. or otherwise encumber. in proper cases. such part of the estate as is deemed necessar!. and in case of sale the court ma! authori%e it to be public or private. as would be most beneficial to all parties concerned. "he e1ecutor or administrator shall be furnished with a certified cop! of such order; (e) -f the estate is to be sold at auction. the mode of giving notice of the time and place of the sale shall be governed b! the provisions concerning notice of e1ecution sale; (f) "here shall be recorded in the registr! of deeds of the province in which the real estate thus sold. mortgaged. or otherwise encumbered is situated. a certified cop! of the order of the court. together with the deed of the e1ecutor or administrator for such real estate. which shall be as valid as if the deed had been e1ecuted b! the deceased in his lifetime. Sec. =. When a court may authori1e conveyance or realty which deceased contracted to convey" 'otice" Effect of deed. - 2here the deceased was in his lifetime under contract. binding in law. to deed real propert!. or an interest therein. the court having 'urisdiction of the estate ma!. on application for that purpose. authori%e the e1ecutor or administrator to conve! such propert! according to such contract. or with such modifications as are agreed upon b! the parties and approved b! the court; and if the contract is to conve! real propert! to the e1ecutor or administrator. the cler) of the court shall e1ecute the deed. "he deed e1ecuted b! such e1ecutor. administrator. or cler) of court shall be as effectual to conve! the propert! as if e1ecuted b! the deceased in his lifetime; but no such conve!ance shall be authori%ed until notice of the application for that purpose has been given personall! or b! mail to all persons interested. and such further notice has been given. b! publication or otherwise. as the court deems proper; nor if the assets in the hands of the e1ecutor or administrator will thereb! be reduced so as to prevent a creditor from receiving his full debt or diminish his dividend.

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Sec. >. When court may authori1e conveyance of lands which deceased held in trust. - 2here the deceased in his lifetime held real propert! in trust for another person. the court ma!. after notice given as re3uired in the last preceding section. authori%e the e1ecutor or administrator to deed such propert! to the person. or his e1ecutor or administrator. for whose use and benefit it was so held; and the court ma! order the e1ecution of such trust. whether created b! deed or b! law. RULE !# DISTRIBUTION AND PARTITION OF THE ESTATE Sec. 1. When order for distribution of residue made. - 2hen the debts. funeral charges. and e1penses of administration. the allowance to the widow. and inheritance ta1. if an!. chargeable to the estate in accordance with law. have been paid. the court. on the application of the e1ecutor or administrator. or of a person interested in the estate. and after hearing upon notice. shall assign the residue of the estate to the persons entitled to the same. naming them and the proportions. or parts. to which each is entitled. and such person ma! demand and recover their respective shares from the e1ecutor or administrator. or an! other person having the same in his possession. -f there is a controvers! before the court as to who are the lawful heirs of the deceased person or as to the distributive shares to which each person is entitled under the law. the controvers! shall be heard and decided as in ordinar! cases. 9o distribution shall be allowed until the pa!ment of the obligations above mentioned has been made or provided for. unless the distributees. or an! of them. give a bond. in a sum to be fi1ed b! the court. conditioned for the pa!ment of said obligations within such time as the court directs. Sec. ,. 4uestions as to advancement to be determined. - Buestions as to advancement made. or alleged to have been made. b! the deceased to an! heir ma! be heard and determined b! the court having 'urisdiction of the estate proceedings; and the final order of the court thereon shall be binding on the person raising the 3uestions and on the heir. Sec. 4. y whom expenses of partition paid. - -f at the time of the distribution the e1ecutor or administrator has retained sufficient effects in his hands which ma! lawfull! be applied for the e1penses of partition of the properties distributed. such e1penses of partition ma! be paid b! such e1ecutor or administrator when it appears e3uitable to the court and not inconsistent with the intention of the testator; otherwise. the! shall be paid b! the parties in proportion to their respective shares or interest in the premises. and the apportionment shall be settled and allowed b! the court. and. if an! person interested in the partition does not pa! his proportion or share. the court ma! issue an e1ecution in the name of the e1ecutor or administrator against the part! not pa!ing for the sum assessed. Sec. 5. 3ecording the order of partition of estate. - &ertified copies of final orders and 'udgments of the court relating to the real estate or the partition thereof shall be recorded in the registr! of deeds of the province where the propert! is situated.

RULE !$ ESCHEATS Sec. 1. When and by whom petition filed. - 2hen a person dies intestate. sei%ed of real or personal propert! in the /hilippines. leaving no heir or person b! law entitled to the same. the Solicitor eneral or his representative in behalf of the Republic of the /hilippines. ma! file a petition in the &ourt of 0irst -nstance of the province where the deceased last resided or in which he had estate. if he resided out of the /hilippines. setting forth the facts. and pra!ing that the estate of the deceased be declared escheated. Sec. ,. *rder for hearing. - -f the petition is sufficient in form and substance. the court. b! an order reciting the purpose of the petition. shall fi1 a date and place for the hearing thereof. which date shall be not more than si1 (;) months after the entr! of the order. and shall direct that a cop! of the order be published before the hearing at least once a wee) for si1 (;) successive wee)s in some newspaper of general circulation published in the province. as the court shall deem best. Sec. 4. $earing and judgment. - Apon the satisfactor! proof in open court on the date fi1ed in the order that such order has been published as directed and that the person died intestate. sei%ed of real or personal propert! in the
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/hilippines. leaving no heir or person entitled to the same. and no sufficient cause being shown to the contrar!. the court shall ad'udge that the estate of the deceased in the /hilippines. after the pa!ment of 'ust debts and charges. shall escheat; and shall. pursuant to law. assign the personal estate to the municipalit! or cit! where he last resided in the /hilippines. and the real estate to the municipalities or cities. respectivel!. in which the same is situated. -f the deceased never resided in the /hilippines. the whole estate ma! be assigned to the respective municipalities or cities where the same is located. Such estate shall be for the benefit of public schools. and public charitable institutions and centers in said municipalities or cities. "he court. at the instance of an interested part!. or on its own motion. ma! order the establishment of a permanent trust. so that onl! the income from the propert! shall be used. Sec. 5. When and by whom claim to estate filed. - -f a devisee. legatee. heir. widow. widower or other person entitled to such estate appears and files a claim thereto with the court within five (8) !ears from the date of such 'udgment. such person shall have possession of and title to the same. or if sold. the municipalit! or cit! shall be accountable to him for the proceeds. after deducting reasonable charges for the care of the estate; but a claim not made within said time shall be forever barred. Sec. 8. *ther actions for escheat. - Antil otherwise provided b! law. actions for reversion or escheat of properties alienated in violation of the &onstitution or of an! statute shall be governed b! this rule. e1cept that the action shall be instituted in the province where the land lies in whole or in part. RULE !2 VENUE Sec. 1. Where to institute proceedings. - uardianship of the person or estate of a minor or incompetent ma! be instituted in the &ourt of 0irst -nstance of the province. or in the 'ustice of the peace court of the municipalit!. or in the municipal court of the chartered cit! where the minor or incompetent person resides. and if he resides in a foreign countr!. in the &ourt of 0irst -nstance of the province wherein his propert! or part thereof is situated; provided. however. that where the value of the propert! of such minor or incompetent e1ceeds the 'urisdiction of the 'ustice of the peace or municipal court. the proceedings shall be instituted in the &ourt of 0irst -nstance. -n the &it! of Canila. the proceedings shall be instituted in the *uvenile and +omestic Relations &ourt. Sec. ,. (eaning of word 5incompetent.5 - Ander this rule. the word 5incompetent5 includes persons suffering the penalt! of civil interdiction or who are hospitali%ed lepers. prodigals. deaf and dumb who are unable to read and write. those who are of unsound mind. even though the! have lucid intervals. and persons not being of unsound mind. but b! reason of age. disease. wea) mind. and other similar causes. cannot. without outside aid. ta)e care of themselves and manage their propert!. becoming thereb! an eas! pre! for deceit and e1ploitation. Sec. 4. +ransfer of venue. - "he court ta)ing cogni%ance of a guardianship proceeding. ma! transfer the same to the court of another province or municipalit! wherein the ward has ac3uired real propert!. if he has transferred thereto his bona-fide residence. and the latter court shall have full 'urisdiction to continue the proceedings. without re3uiring pa!ment of additional court fees. RULE !3 APPOINTMENT OF GUARDIANS Sec. 1. Who may petition for appointment of guardian for resident. - #n! relative. friend. or other person on behalf of a resident minor or incompetent who has no parent or lawful guardian. or the minor himself if fourteen !ears of age or over. ma! petition the court having 'urisdiction for the appointment of a general guardian for the person or estate. or both. of such minor or incompetent. #n officer of the 0ederal #dministration of the Anited States in the /hilippines ma! also file a petition in favor of a ward thereof. and the +irector of $ealth. in favor of an insane person who should be hospitali%ed. or in favor of an isolated leper. Sec. ,. #ontents of petition. - # petition for the appointment of a general guardian must show. so far as )nown to the petitioner:
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(a) "he 'urisdictional facts; (b) "he minorit! or incompetenc! rendering the appointment necessar! or convenient; (c) "he names. ages. and residences of the relatives of the minor or incompetent. and of the persons having him in their care; (d) "he probable value and character of his estate; (e) "he name of the person for whom letters of guardianship are pra!ed. "he petition shall be verified; but no defect in the petition or verification shall render void the issuance of letters of guardianship. Sec. 4. #ourt to set time for hearing" 'otice thereof. - 2hen a petition for the appointment of a general guardian is filed. the court shall fi1 a time and place for hearing the same. and shall cause reasonable notice thereof to be given to the persons mentioned in the petition residing in the province. including the minor if above 15 !ears of age or the incompetent himself. and ma! direct other general or special notice thereof to be given. Sec. 5. *pposition to petition. - #n! interested person ma!. b! filing a written opposition. contest the petition on the ground of ma'orit! of the alleged minor. competenc! of the alleged incompetent. or the unsuitabilit! of the person for whom letters are pra!ed. and ma! pra! that the petition be dismissed. or that letters of guardianship issue to himself. or to an! suitable person named in the opposition. Sec. 8. $earing and order for letters to issue. - #t the hearing of the petition the alleged incompetent must be present if able to attend. and it must be shown that the re3uired notice has been given. "hereupon the court shall hear the evidence of the parties in support of their respective allegations. and. if the person in 3uestion is a minor. or incompetent it shall appoint a suitable guardian of his person or estate. or both. with the powers and duties hereinafter specified. Sec. ;. When and how guardian for nonresident appointed" 'otice. - 2hen a person liable to be put under guardianship resides without the /hilippines but has estate therein. an! relative or friend of such person. or an! one interested in his estate. in e1pectanc! or otherwise. ma! petition a court having 'urisdiction for the appointment of a guardian for the estate. and if. after notice given to such person and in such manner as the court deems proper. b! publication or otherwise. and hearing. the court is satisfied that such nonresident is a minor or incompetent rendering a guardian necessar! or convenient. it ma! appoint a guardian for such estate. Sec. <. Parents as guardians. - 2hen the propert! of the child under parental authorit! is worth two thousand pesos or less. the father or the mother. without the necessit! of court appointment. shall be his legal guardian. 2hen the propert! of the child is worth more than two thousand pesos. the father or the mother shall be considered guardian of the child7s propert!. with the duties and obligations of guardians under these rules. and shall file the petition re3uired b! section , thereof. 0or good reasons the court ma!. however. appoint another suitable person. Sec. =. Service of judgment. - 0inal orders or 'udgments under this rule shall be served upon the civil registrar of the municipalit! or cit! where the minor or incompetent person resides or where his propert! or part thereof is situated.

RULE !4 BONDS OF GUARDIANS Sec. 1. ond to be given before issuance of letters" Amount" #onditions. - 6efore a guardian appointed enters upon the e1ecution of his trust. or letters of guardianship issue. he shall give a bond. in such sum as the court directs. conditioned as follows:

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(a) "o ma)e and return to the court. within three (4) months. a true and complete inventor! of all the estate. real and personal. of his ward which shall come to his possession or )nowledge or to the possession or )nowledge of an! other person for him; (b) "o faithfull! e1ecute the duties of his trust. to manage and dispose of the estate according to these rules for the best interests of the ward. and to provide for the proper care. custod!. and education of the ward; (c) "o render a true and 'ust account of all the estate of the ward in his hands. and of all proceeds or interest derived therefrom. and of the management and disposition of the same. at the time designated b! these rules and such other times as the court directs; and at the e1piration of his trust to settle his accounts with the court and deliver and pa! over all the estate. effects. and mone!s remaining in his hands. or due from him on such settlement. to the person lawfull! entitled thereto; (d) "o perform all orders of the court b! him to be performed. Sec. ,. When new bond may be re)uired and old sureties discharged. - 2henever it is deemed necessar!. the court ma! re3uire a new bond to be given b! the guardian. and ma! discharge the sureties on the old bond from further liabilit!. after due notice to interested persons. when no in'ur! can result therefrom to those interested in the estate. Sec. 4. onds to be filed" Actions thereon. - Ever! bond given b! a guardian shall be filed in the office of the cler) of the court. and. in case of the breach of a condition thereof. ma! be prosecuted in the same proceeding or in a separate action for the use and benefit of the ward or of an! other person legall! interested in the estate.

RULE !5 SELLING AND ENCUMBERING PROPERTY OF WARD Sec. 1. Petition of guardian for leave to sell or encumber estate. - 2hen the income of an estate under guardianship is insufficient to maintain the ward and his famil!. or to maintain and educate the ward when a minor. or when it appears that it is for the benefit of the ward that his real estate or some part thereof be sold. or mortgaged or otherwise encumbered. and the proceeds thereof put out at interest. or invested in some productive securit!. or in the improvement or securit! of other real estate of the ward. the guardian ma! present a verified petition to the court b! which he was appointed setting forth such facts. and pra!ing that an order issue authori%ing the sale or encumbrance. Sec. ,. *rder to show cause thereupon. - -f it seems probable that such sale or encumbrance is necessar!. or would be beneficial to the ward. the court shall ma)e an order directing the ne1t of )in of the ward. and all persons interested in the estate. to appear at a reasonable time and place therein specified to show cause wh! the pra!er of the petition should not be granted. Sec. 4. $earing on return of order" #osts. - #t the time and place designated in the order to show cause. the court shall hear the proofs and allegations of the petitioner and ne1t of )in. and other persons interested. together with their witnesses. and grant or refuse the pra!er of the petition as the best interests of the ward re3uire. "he court shall ma)e such order as to costs of the hearing as ma! be 'ust. Sec. 5. #ontents of order for sale or encumbrance% and how long effective" ond. - -f. after full e1amination. it appears that it is necessar!. or would be beneficial to the ward. to sell or encumber the estate. or some portion of it. the court shall order such sale or encumbrance and that the proceeds thereof be e1pended for the maintenance of the ward and his famil!. or the education of the ward. if a minor. or for the putting of the same out at interest. or the investment of the same as the circumstances ma! re3uire. "he order shall specif! the causes wh! the sale or encumbrance is necessar! or beneficial. and ma! direct that estate ordered sold be disposed of at either public or private sale. sub'ect to such conditions as to the time and manner of pa!ment. and securit! where a part of the pa!ment is deferred. as in the discretion of the court are deemed most beneficial to the ward. "he original bond of the guardian shall stand as securit! for the proper appropriation of the proceeds of the sale. but the 'udge ma!. if deemed e1pedient. re3uire an additional bond as a condition for the granting of the order of sale. 9o order of sale granted in pursuance of this section shall continue in force more than one (1) !ear after granting the same. without a sale being had.

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Sec. 8. #ourt may order investment of proceeds and direct management of estate. - "he court ma! authori%e and re3uire the guardian to invest the proceeds of sales or encumbrances. and an! other of his ward7s mone! in his hands. in real estate or otherwise. as shall be for the best interest of all concerned. and ma! ma)e such other orders for the management. investment. and disposition of the estate and effects. as circumstances ma! re3uire.

RULE !6 GENERAL POWERS AND DUTIES OF GUARDIANS Sec. 1. +o what guardianship shall extend. - # guardian appointed shall have the care and custod! of the person of his ward. and the management of his estate. or the management of the estate onl!. as the case ma! be. "he guardian of the estate of a nonresident shall have the management of all the estate of the ward within the /hilippines. and no court other than that in which such guardian was appointed shall have 'urisdiction over the guardianship. Sec. ,. &uardian to pay debts of ward. - Ever! guardian must pa! the ward7s 'ust debts out of his personal estate and the income of his real estate. if sufficient; if not. then out of his real estate upon obtaining an order for the sale or encumbrance thereof. Sec. 4. &uardian to settle accounts% collect debts% and appear in actions for ward. - # guardian must settle all accounts of his ward. and demand. sue for. and receive all debts due him. or ma!. with the approval of the court. compound for the same and give discharges to the debtor. 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 proceedings. unless another person be appointed for that purpose. Sec. 5. Estate to be managed frugally% and proceeds applied to maintenance of ward. - # guardian must manage the estate of his ward frugall! and without waste. and appl! the income and profits thereon. so far as ma! be necessar!. to the comfortable and suitable maintenance of the ward and his famil!. if there be an!; and if such income and profits be insufficient for that purpose. the guardian ma! sell or encumber the real estate. upon being authori%ed b! order so to do. and appl! so much of the proceeds as ma! be necessar! to such maintenance. Sec. 8. &uardian may be authori1ed to join in partition proceedings after hearing. - "he court ma! authori%e the guardian to 'oin in an assent to a partition of real or personal estate held b! the ward 'ointl! or in common with others. but such authorit! shall onl! be granted after hearing. upon such notice to relatives of the ward as the court ma! direct. and a careful investigation as to the necessit! and propriet! of the proposed action. Sec. ;. Proceedings when person suspected of embe11ling or concealing property of ward. - Apon complaint of the guardian or ward. or of an! person having actual or prospective interest in the estate of the ward as creditor. heir. or otherwise. that an!one is suspected of having embe%%led. concealed. or conve!ed awa! an! mone!. goods. or interest. or a written instrument. belonging to the ward or his estate. the court ma! cite the suspected person to appear for e1amination touching such mone!. goods. interest. or instrument. and ma)e such orders as will secure the estate against such embe%%lement. concealment or conve!ance. Sec. <. -nventories and accounts of guardians% and appraisement of estates. - # guardian must render to the court an inventor! of the estate of his ward within three (4) months after his appointment. and annuall! after such appointment an inventor! and account. the rendition of an! of which ma! be compelled upon the application of an interested person. Such inventories and accounts shall be sworn to b! the guardian. #ll the estate of the ward described in the first inventor! shall be appraised. -n the appraisement the court ma! re3uest the assistance of one or more of the inheritance ta1 appraisers. #nd whenever an! propert! of the ward not included in an inventor! alread! rendered is discovered. or succeeded to. or ac3uired b! the ward. li)e proceedings shall be had for securing an inventor! and appraisement thereof within three (4) months after such discover!. succession. or ac3uisition. Sec. =. When guardian2s accounts presented for settlement. - E1penses and compensation allowed. Apon the e1piration of a !ear from the time of his appointment. and as often thereafter as ma! be re3uired. a guardian must present his account to the court for settlement and allowance. -n the settlement of the account. the guardian. other than a parent. shall be allowed the amount of his reasonable e1penses incurred in the e1ecution of his trust and also such compensation for his services as the court deems 'ust. not e1ceeding fifteen per centum of the net income of the ward.
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RULE !7 TERMINATION OF GUARDIANSHIP Sec. 1. Petition that competency of ward be adjudged% and proceedings thereupon. - # person who has been declared incompetent for an! reason. or his guardian. relative. or friend. ma! petition the court to have his present competenc! 'udiciall! determined. "he petition shall be verified b! oath. and shall state that such person is then competent. Apon receiving the petition. the court shall fi1 a time for hearing the 3uestions raised thereb!. and cause reasonable notice thereof to be given to the guardian of the person. so declared incompetent. and to the ward. ?n the trial. the guardian or relatives of the ward. and. in the discretion of the court. an! other person. ma! contest the right to the relief demanded. and witnesses ma! be called and e1amined b! the parties or b! the court on its own motion. -f it be found that the person is no longer incompetent. his competenc! shall be ad'udged and the guardianship shall cease. Sec. ,. When guardian removed or allowed to resign" 'ew appointment. - 2hen a guardian becomes insane or otherwise incapable of discharging his trust or unsuitable therefor. or has wasted or mismanaged the estate. of failed for thirt! (4:) da!s after it is due to render an account or ma)e a return. the court ma!. upon reasonable notice to the guardian. remove him. and compel him to surrender the estate of the ward to the person found to be lawfull! entitled thereto. # guardian ma! resign when it appears proper to allow the same; and upon his resignation or removal the court ma! appoint another in his place. Sec. 4. *ther termination of guardianship. - "he marriage or voluntar! emancipation of a minor ward terminates the guardianship of the person of the ward. and shall enable the minor to administer his propert! as though he were of age. but he cannot borrow mone! or alienate or encumber real propert! without the consent of his father or mother. or guardian. $e can sue and be sued in court onl! with the assistance of his father. mother or guardian. "he guardian of an! person ma! be discharged b! the court when it appears. upon the application of the ward or otherwise. that the guardianship is no longer necessar!. Sec. 5. 3ecord to be ,ept by the justice of the peace or municipal judge. - 2hen a 'ustice of the peace or municipal court ta)es cogni%ance of the proceedings in pursuance of the provisions of these rules. the record of the proceedings shall be )ept as in the court of first instance. Sec. 8. Service of judgment. - 0inal orders or 'udgments under this rule shall be served upon the civil registrar of the municipalit! or cit! where the minor or incompetent person resides or where his propert! or part thereof is situated.

RULE !8 TRUSTEES Sec. 1. Where trustee appointed. - # trustee necessar! to carr! into effect the provisions of a will or written instrument shall be appointed b! the &ourt of 0irst -nstance in which the will was allowed if it be a will allowed in the /hilippines. otherwise b! the &ourt of 0irst -nstance of the province in which the propert!. or some portion thereof. affected b! the trust is situated. Sec. ,. Appointment and powers of trustee under will" Executor of former trustee need not administer trust . - -f a testator has omitted in his will to appoint a trustee in the /hilippines. and if such appointment is necessar! to carr! into effect the provisions of the will. the proper &ourt of 0irst -nstance ma!. after notice to all persons interested. appoint a trustee who shall have the same rights. powers. and duties. and in whom the estate shall vest. as if he had been appointed b! the testator. 9o person succeeding to a trust as e1ecutor or administrator of a former trustee shall be re3uired to accept such trust. Sec. 4. Appointment and powers of new trustee under written instrument. - 2hen a trustee under a written instrument declines. resigns. dies. or is removed before the ob'ects of the trust are accomplished. and no ade3uate provision is made in such instrument for suppl!ing the vacanc!. the proper &ourt of 0irst -nstance ma!. after due notice to all persons interested. appoint a new trustee to act alone or 'ointl! with the others. as the case ma! be. Such new trustee shall have and e1ercise the same powers. rights. and duties as if he had been originall! appointed. and the trust estate shall vest in him in li)e manner as it had vested or would have vested. in the trustee in whose place he is substituted;
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and the court ma! order such conve!ance to be made b! the former trustee or his representatives. or b! the other remaining trustees. as ma! be necessar! or proper to vest the trust estate in the new trustee. either alone or 'ointl! with the others. Sec. 5. Proceedings where trustee appointed abroad. - 2hen land in the /hilippines is held in trust for persons resident here b! a trustee who derives his authorit! from without the /hilippines. such trustee shall. on petition filed in the &ourt of 0irst -nstance of province where the land is situated. and after due notice to all persons interested. be ordered to appl! to the court for appointment as trustee; and upon his neglect or refusal to compl! with such order. the court shall declare such trust vacant. and shall appoint a new trustee in whom the trust estate shall vest in li)e manner as if he had been originall! appointed b! such court. Sec. 8. +rustee must file bond. 6efore entering on the duties of his trust. a trustee shall file with the cler) of the court having 'urisdiction of the trust a bond in the amount fi1ed b! the 'udge of said court. pa!able to the overnment of the /hilippines and sufficient and available for the protection of an! part! in interest. and a trustee who neglects to file such bond shall be considered to have declined or resigned the trust; but the court ma! until further order e1empt a trustee under a will from giving a bond when the testator has directed or re3uested such e1emption. and ma! so e1empt an! trustee when all persons beneficiall! interested in the trust. being of full age. re3uest the e1emption. Such e1emption ma! be cancelled b! the court at an! time and the trustee re3uired to forthwith file a bond. Sec. ;. #onditions included in bond. - "he following conditions shall be deemed to be a part of the bond whether written therein or not: (a) "hat the trustee will ma)e and return to the court. at such time as it ma! order. a true inventor! of all the real and personal estate belonging to him as trustee. which at the time of the ma)ing of such inventor! shall have come to his possession or )nowledge; (b) "hat he will manage and dispose of all such estate. and faithfull! discharge his trust in relation thereto. according to law and the will of the testator or the provisions of the instrument or order under which he is appointed; (c) "hat he will render upon oath at least once a !ear until his trust is fulfilled. unless he is e1cused therefrom in an! !ear b! the court. a true account of the propert! in his hands and of the management and disposition thereof. and will render such other accounts as the court ma! order; (d) "hat at the e1piration of his trust he will settle his accounts in court and pa! over and deliver all the estate remaining in his hands. or due from him on such settlement. to the person or persons entitled thereto. 6ut when the trustee is appointed as a successor to a prior trustee. the court ma! dispense with the ma)ing and return of an inventor!. if one has alread! been filed. and in such case the condition of the bond shall be deemed to be altered accordingl!. Sec. <. Appraisal" #ompensation of trustee. - 2hen an inventor! is re3uired to be returned b! a trustee. the estate and effects belonging to the trust shall be appraised and the court ma! order one or more inheritance ta1 appraisers to assist in the appraisement. "he compensation of the trustee shall be fi1ed b! the court. if it be not determined in the instrument creating the trust. Sec. =. 3emoval or resignation of trustee. - "he proper &ourt of 0irst -nstance ma!. upon petition of the parties beneficiall! interested and after due notice to the trustee and hearing. remove a trustee if such removal appears essential in the interests of the petitioners. "he court ma! also. after due notice to all persons interested. remove a trustee who is insane or otherwise incapable of discharging his trust or evidentl! unsuitable therefor. # trustee. whether appointed b! the court or under a written instrument. ma! resign his trust if it appears to the court proper to allow such resignation. Sec. >. Proceedings for sale or encumbrance of trust estate. - 2hen the sale or encumbrance of an! real or personal estate held in trust is necessar! or e1pedient. the court having 'urisdiction of the trust ma!. on petition and after due notice and hearing. order such sale or encumbrance to be made. and the reinvestment and application of the proceeds thereof in such manner as will best effect the ob'ects of the trust. "he petition. notice. hearing. order of sale or
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encumbrance. and record of proceedings. shall conform as nearl! as ma! be to the provisions concerning the sale or encumbrance b! guardians of the propert! of minors or other wards.

RULE !! ADOPTION AND CUSTODY OF MINORS Sec. 1. 6enue. - # person desiring to adopt another or have the custod! of a minor shall present his petition to the &ourt of 0irst -nstance of the province. or the municipal or 'ustice of the peace court of the cit! or municipalit! in which he resides. -n the &it! of Canila. the proceedings shall be instituted in the *uvenile and +omestic Relations &ourt. Sec. ,. #ontents of petition. - "he petition for adoption shall contain the same allegations re3uired in a petition for guardianship. to wit: (a) "he 'urisdictional facts; (b) "he 3ualifications of the adopter; (c) "hat the adopter is not dis3ualified b! law; (d) "he name. age. and residence of the person to be adopted and of his relatives or of the persons who have him under their care; (e) "he probable value and character of the estate of the person to be adopted. Sec. 4. #onsent to adoption. - "here shall be filed with the petition a written consent to the adoption signed b! the child. if fourteen !ears of age or over and not incompetent. and b! the child7s spouse. if an!. and b! each of its )nown living parents who is not insane or hopelessl! intemperate or has not abandoned such child. or if there are no such parents b! the general guardian or guardian ad litem of the child. or if the child is in the custod! of an orphan as!lum. children7s home. or benevolent societ! or person. b! the proper officer or officers of such as!lum. home. or societ!. or b! such person; but if the child is illegitimate and has not been recogni%ed. the consent of its father to the adoption shall not be re3uired. -f the person to be adopted is of age. onl! his or her consent and that of the spouse. if an!. shall be re3uired. Sec. 5. *rder for hearing. - -f the petition and consent filed are sufficient in form and substance. the court. b! an order reciting the purpose of the petition. shall fi1 a date and place for the hearing thereof. which date shall not be more than si1 (;) months after the entr! of the order. and shall direct that a cop! of the order be published before the hearing at least once a wee) for three (4) successive wee)s in some newspaper of general circulation published in the province. as the court shall deem best. Sec. 8. $earing and judgment. - Apon satisfactor! proof in open court on the date fi1ed in the order that such order has been published as directed. that the allegations of the petition are true. and that it is a proper case for adoption and the petitioner or petitioners are able to bring up and educate the child properl!. the court shall ad'udge that thenceforth the child is freed from all legal obligations of obedience and maintenance with respect to its natural parents. e1cept the mother when the child is adopted b! her husband. and is. to all legal intents and purposes. the child of the petitioner or petitioners. and that its surname is changed to that of the petitioner or petitioners. "he adopted person or child shall thereupon become the legal heir of his parents b! adoption and shall also remain the legal heir of his natural parents. -n case of the death of the adopted person or child. his parents and relatives b! nature. and not b! adoption. shall be his legal heirs. Sec. ;. Proceedings as to child whose parents are separated" Appeal. - 2hen husband and wife are divorced or living separatel! and apart from each other. and the 3uestion as to the care. custod!. and control of a child or children of
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their marriage is brought before a &ourt of 0irst -nstance b! petition or as an incident to an! other proceeding. the court. upon hearing the testimon! as ma! be pertinent. shall award the care. custod!. and control of each such child as will be for its best interest. permitting the child to choose which parent it prefers to live with if it be over ten !ears of age. unless the parent so chosen be unfit to ta)e charge of the child b! reason of moral depravit!. habitual drun)enness. incapacit!. or povert!. -f. upon such hearing. it appears that both parents are improper persons to have the care. custod!. and control of the child. the court ma! either designate the paternal or maternal grandparent of the child. or his oldest brother or sister. or some reputable and discreet person to ta)e charge of such child. or commit it to an! suitable as!lum. children7s home. or benevolent societ!. "he court ma! in conformit! with the provisions of the &ivil &ode order either or both parents to support or help support said child. irrespective of who ma! be its custodian. and ma! ma)e an! order that is 'ust and reasonable permitting the parent who is deprived of its care and custod! to visit the child or have temporar! custod! thereof. Either parent ma! appeal from an order made in accordance with the provisions of this section. 9o child under seven !ears of age shall be separated from its mother. unless the court finds there are compelling reasons therefor. Sec. <. Proceedings as to vagrant or abused child. - 2hen the parents of an! minor child are dead. or b! reason of long absence or legal or ph!sical disabilit! have abandoned it. or cannot support it through vagranc!. negligence. or misconduct. or neglect or refuse to support it. or treat it with e1cessive harshness or give it corrupting orders. counsels. or e1amples. or cause or allow it to engage in begging. or to commit offenses against the law. the proper &ourt of 0irst -nstance. upon petition filed b! some reputable resident of the province setting forth the facts. ma! issue an order re3uiring such parents to show cause. or. if the parents are dead or cannot be found. re3uiring the fiscal of the province to show cause. at a time and place fi1ed in the order. wh! the child should not be ta)en from its parents. if living; and if upon the hearing it appears that the allegations of the petition are true. and that it is for the best interest of the child. the court ma! ma)e an order ta)ing it from its parents. if living; and committing it to an! suitable orphan as!lum. children7s home. or benevolent societ! or person to be ultimatel! placed. b! adoption or otherwise. in a home found for it b! such as!lum. children7s home. societ! or person. Sec. =. Service of judgment. - 0inal orders or 'udgments under this rule shall be served b! the cler) upon the civil registrar of the cit! or municipalit! wherein the court issuing the same is situated. RULE $## RESCISSION AND REVOCATION OF ADOPTION Sec. 1. Who may file petition" grounds. - # minor or other incapacitated person ma!. through a guardian or guardian ad litem. petition for the rescission or revocation of his or her adoption for the same causes that authori%e the deprivation of parental authorit!. "he adopter ma!. li)ewise. petition the court for the rescission or revocation of the adoption in an! of these cases: (a) -f the adopted person has attempted against the life of the adopter; (b) 2hen the adopted minor has abandoned the home of the adopter for more than three (4) !ears; (c) 2hen b! other acts the adopted person has repudiated the adoption. Sec. ,. *rder to answer. - "he court in which the petition is filed shall issue an order re3uiring the adverse part! to answer the petition within fifteen (18) da!s from receipt of a cop! thereof. "he order and a cop! of the petition shall be served on the adverse part! in such manner as the court ma! direct. Sec. 4. 0udgment. - -f upon trial. on the da! set therefor. the court finds that the allegations of the petition are true. it shall render 'udgment ordering the rescission or revocation of the adoption. with or without costs. as 'ustice re3uires. Sec. 5. Service of judgment. - # certified cop! of the 'udgment rendered in accordance with the ne1t preceding section shall be served upon the civil registrar concerned. within thirt! (4:) da!s from rendition thereof. who shall forthwith enter the action ta)en b! the court in the register.

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Sec. 8. +ime within which to file petition. - # minor or other incapacitated person must file the petition for rescission or revocation of adoption within the five (8) !ears following his ma'orit!. or if he was incompetent at the time of the adoption. within the !ears following the recover! from such incompetenc!. "he adopter must also file the petition to set aside the adoption within five (8) !ears from the time the cause or causes giving rise to the rescission or revocation of the same too) place. RULE $#$ PROCEEDINGS FOR HOSPITALI&ATION OF INSANE PERSONS Sec. 1. 6enue" Petition for commitment. - # petition for the commitment of a person to a hospital or other place for the insane ma! be filed with the &ourt of 0irst -nstance of the province where the person alleged to be insane is found. "he petition shall be filed b! the +irector of $ealth in the all cases where. in his opinion. such commitment is for the public welfare. or for the welfare of said person who. in his 'udgment. is insane. and such person or the one having charged of him is opposed to his being ta)en to a hospital or other place for the insane. Sec. ,. *rder for hearing. - -f the petition filed is sufficient in form and substance. the court. b! an order reciting the purpose of the petition. shall fi1 a date for the hearing thereof. and cop! of such order shall be served on the person alleged to be insane. and to the one having charge of him. or on such of his relatives residing in the province or cit! as the 'udge ma! deem proper. "he court shall furthermore order the sheriff to produce the alleged insane person. if possible. on the date of the hearing. Sec. 4. $earing and judgment. - Apon satisfactor! proof. in open court on the date fi1ed in the order. that the commitment applied for is for the public welfare or for the welfare of the insane person. and that his relatives are unable for an! reason to ta)e proper custod! and care of him. the court shall order his commitment to such hospital or other place for the insane as ma! be recommended b! the +irector of $ealth. "he court shall ma)e proper provisions for the custod! of propert! or mone! belonging to the insane until a guardian be properl! appointed. Sec. 5. /ischarge of insane. - 2hen. in the opinion of the +irector of $ealth. the person ordered to be committed to a hospital or other place for the insane is temporaril! or permanentl! cured. or ma! be released without danger he ma! file the proper petition with the &ourt of 0irst -nstance which ordered the commitment. Sec. 8. Assistance of fiscal in the proceeding. - -t shall be the dut! of the provincial fiscal or in the &it! of Canila the fiscal of the cit!. to prepare the petition for the +irector of $ealth and represent him in court in all proceedings arising under the provisions of this rule. RULE $#2 HABEAS CORPUS S'(" $" To what habeas corpus extends. - E1cept as otherwise e1pressl! provided b! law. the writ of habeas corpus shall e1tend to all cases of illegal confinement or detention b! which an! person is deprived of his libert!. or b! which the rightful custod! of an! person is withheld from the person entitled thereto. S'(" 2" Who may grant the writ. - "he writ of habeas corpus ma! be granted b! the Supreme &ourt. or an! member thereof. on an! da! and at an! time. or b! the &ourt of #ppeals or an! member thereof in the instances authori%ed b! law. and if so granted it shall be enforceable an!where in the /hilippines. and ma! be made returnable before the court or an! member thereof. or before the &ourt of 0irst -nstance. or an! 'udge thereof for the hearing and decision on the merits. -t ma! also be granted b! a &ourt of 0irst -nstance. or a 'udge thereof. on an! da! and at an! time. and returnable before himself. enforceable onl! within his 'udicial district. S'(" 3" Requisites of application therefor. - #pplication for the writ shall be b! petition signed and verified either b! the part! for whose relief it is intended. or b! some person on his behalf. and shall set forth: (a) "hat the person in whose behalf the application is made is imprisoned or restrained of his libert!;

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(b) "he officer or name of the person b! whom he is so imprisoned or restrained; or. if both are un)nown or uncertain. such officer or person ma! be described b! an assumed appellation. and the person who is served with the writ shall be deemed the person intended; (c) "he place where he is so imprisoned or restrained. if )nown; (d) # cop! of the commitment or cause of detention of such person. if it can be procured without impairing the efficienc! of the remed!; or. if the imprisonment or restraint is without an! legal authorit!. such fact shall appear. S'(" 4" When writ not allowed or discharge authorized. - -f it appears that the person alleged to be restrained of his libert! is in the custod! of an officer under process issued b! a court or 'udge or b! virtue of a 'udgment or order of a court of record. and that the court or 'udge had 'urisdiction to issue the process. render the 'udgment. or ma)e the order. the writ shall not be allowed; or if the 'urisdiction appears after the writ is allowed. the person shall not be discharged b! reason of an! informalit! or defect in the process. 'udgment. or order. 9or shall an!thing in this rule be held to authori%e the discharge of a person charged with or convicted of an offense in the /hilippines. or of a person suffering imprisonment under lawful 'udgment. S'(" 5" When the writ must be granted and issued. - # court or 'udge authori%ed to grant the writ must. when a petition therefor is presented and it appears that the writ ought to issue. grant the same forthwith. and immediatel! thereupon the cler) of the court shall issue the writ under the seal of the court; or in case of emergenc!. the 'udge ma! issue the writ under his own hand. and ma! depute an! officer or person to serve it. S'(" 6" To whom writ directed, and what to require. - -n case of imprisonment or restraint b! an officer. the writ shall be directed to him. and shall command him to have the bod! of the person restrained of his libert! before the court or 'udge designated in the writ at the time and place therein specified. -n case of imprisonment or restraint b! a person not an officer. the writ shall be directed to an officer. and shall command him to ta)e and have the bod! of the person restrained of his libert! before the court or 'udge designated in the writ at the time and place therein specified. and to summon the person b! whom he is restrained then and there to appear before said court or 'udge to show the cause of the imprisonment or restraint. S'(" 7" How prisoner designated and writ served. - "he person to be produced should be designated in the writ b! his name. if )nown. but if his name is not )nown he ma! be otherwise described or identified. "he writ ma! be served in an! province b! the sheriff or other proper officer. or b! a person deputed b! the court or 'udge. Service of the writ shall be made b! leaving the original with the person to whom it is directed and preserving a cop! on which to ma)e return of service. -f that person cannot be found. or has not the prisoner in his custod!. then the service shall be made on an! other person having or e1ercising such custod!. S'(" 8" How writ executed and returned. - "he officer to whom the writ is directed shall conve! the person so imprisoned or restrained. and named in the writ. before the 'udge allowing the writ. or. in case of his absence or disabilit!. before some other 'udge of the same court. on the da! specified in the writ. unless. from sic)ness or infirmit! of the person directed to be produced. such person cannot. without danger. be brought before the court or 'udge; and the officer shall ma)e due return of the writ. together with the da! and the cause of the caption and restraint of such person according to the command thereof. S'(" !" efect of form. - 9o writ of habeas corpus can be disobe!ed for defect of form. if it sufficientl! appears therefrom in whose custod! or under whose restraint the part! imprisoned or restrained is held and the court or 'udge before whom he is to be brought. S'(" $#" !ontents of return. - 2hen the person to be produced is imprisoned or restrained b! an officer. the person who ma)es the return shall state therein. and in other cases the person in whose custod! the prisoner is found shall state. in writing to the court or 'udge before whom the writ is returnable. plainl! and une3uivocabl!: (a) 2hether he has or has not the part! in his custod! or power. or under restraint; (b) -f he has the part! in his custod! or power. or under restraint. the authorit! and the true and whole cause thereof. set forth at large. with a cop! of the writ. order. e1ecution. or other process. if an!. upon which the part! is held;
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(c) -f the part! is in his custod! or power or is restrained b! him. and is not produced. particularl! the nature and gravit! of the sic)ness or infirmit! of such part! b! reason of which he cannot. without danger. be brought before the court or 'udge; (d) -f he has had the part! in his custod! or power. or under restraint. and has transferred such custod! or restraint to another. particularl! to whom. at what time. for what cause. and b! what authorit! such transfer was made. S'(" $$" Return to be signed and sworn to. - "he return or statement shall be signed b! the person who ma)es it; and shall also be sworn to b! him if the prisoner is not produced. and in all other cases unless the return is made and signed b! a sworn public officer in his official capacit!. S'(" $2" Hearing on return" #d$ournments. - 2hen the writ is returned before one 'udge. at a time when the court is in session. he ma! forthwith ad'ourn the case into the court. there to be heard and determined. "he court or 'udge before whom the writ is returned or ad'ourned must immediatel! proceed to hear and e1amine the return. and such other matters as are properl! submitted for consideration. unless for good cause shown the hearing is ad'ourned. in which event the court or 'udge shall ma)e such order for the safe)eeping of the person imprisoned or restrained as the nature of the case re3uires. -f the person imprisoned or restrained is not produced because of his alleged sic)ness or infirmit!. the court or 'udge must be satisfied that it is so grave that such person cannot be produced without danger. before proceeding to hear and dispose of the matter. ?n the hearing the court or 'udge shall disregard matters of form and technicalities in respect to an! warrant or order of commitment of a court or officer authori%ed to commit b! law. S'(" $3" When the return evidence, and when only a plea. - -f it appears that the prisoner is in custod! under a warrant of commitment in pursuance of law. the return shall be considered prima facie evidence of the cause of restraint; but if he is restrained of his libert! b! an! alleged private authorit!. the return shall be considered onl! as a plea of the facts therein set forth. and the part! claiming the custod! must prove such facts. S'(" $4" When person lawfully imprisoned recommitted, and when let to bail . - -f it appears that the prisoner was lawfull! committed. and is plainl! and specificall! charged in the warrant of commitment with an offense punishable b! death. he shall not be released. discharged. or bailed. -f he is lawfull! imprisoned or restrained on a charge of having committed an offense not so punishable. he ma! be recommitted to imprisonment or admitted to bail in the discretion of the court or 'udge. -f he be admitted to bail. he shall forthwith file a bond in such sum as the court or 'udge deems reasonable. considering the circumstances of the prisoner and the nature of the offense charged. conditioned for his appearance before the court where the offense is properl! cogni%able to abide its order or 'udgment; and the court or 'udge shall certif! the proceedings. together with the bond. forthwith to the proper court. -f such bond is not so filed. the prisoner shall be recommitted to confinement. S'(" $5" When prisoner discharged if no appeal. - 2hen the court or 'udge has e1amined into the cause of caption and restraint of the prisoner. and is satisfied that he is unlawfull! imprisoned or restrained. he shall forthwith order his discharge from confinement. but such discharge shall not be effective until a cop! of the order has been served on the officer or person detaining the prisoner. -f the officer or person detaining the prisoner does not desire to appeal. the prisoner shall be forthwith released. Sec. 1;. Penalty for refusing to issue writ% or for disobeying the same. - # cler) of a court who refuses to issue the writ after allowance thereof and demand therefor. or a person to whom a writ is directed. who neglects or refuses to obe! or ma)e return of the same according to the command thereof. or ma)es false return thereof. or who. upon demand made b! or on behalf of the prisoner. refuses to deliver to the person demanding. within si1 (;) hours after the demand therefor. a true cop! of the warrant or order of commitment. shall forfeit to the part! aggrieved the sum of one thousand pesos. to be recovered in a proper action. and ma! also be punished b! the court or 'udge as for contempt. Sec. 1<. Person discharged not to be again imprisoned. - # person who is set at libert! upon a writ of habeas corpus shall not be again imprisoned for the same offense unless b! the lawful order or process of a court having 'urisdiction of the cause or offense; and a person who )nowingl!. contrar! to the provisions of this rule. recommits or imprisons. or causes to be committed or imprisoned. for the same offense. or pretended offense. an! person so set at libert!. or )nowingl! aids or assists therein. shall forfeit to the part! aggrieved the sum of one thousand pesos. to be recovered in a proper action. notwithstanding an! colorable pretense or variation in the warrant of commitment. and ma! also be punished b! the court or 'udge granting writ as for contempt.
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Sec. 1=. When prisoner may be removed from one custody to another. - # person committed to prison. or in custod! of an officer. for an! criminal matter. shall not be removed therefrom into the custod! of another officer unless b! legal process. or the prisoner be delivered to an inferior officer to carr! to 'ail. or. b! order of the proper court or 'udge. be removed from one place to another within the /hilippines for trial. or in case of fire. epidemic. insurrection. or other necessit! or public calamit!; and a person who. after such commitment. ma)es. signs. or countersigns an! order for such removal contrar! to this section. shall forfeit to the part! aggrieved the sum of one thousand pesos. to be recovered in a proper action. Sec. 1>. 3ecord of writ% fees and costs. - "he proceedings upon a writ of habeas corpus shall be recorded b! the cler) of the court. and upon the final disposition of such proceedings the court or 'udge shall ma)e such order as to costs as the case re3uires. "he fees of officers and witnesses shall be included in the costs ta1ed. but no officer or person shall have the right to demand pa!ment in advance of an! fees to which he is entitled b! virtue of the proceedings. 2hen a person confined under color of proceedings in a criminal case is discharged. the costs shall be ta1ed against the Republic of the /hilippines. and paid out of its "reasur!; when a person in custod! b! virtue or under color of proceedings in a civil case is discharged. the costs shall be ta1ed against him. or against the person who signed the application for the writ. or both. as the court shall direct. RULE $#3 CHANGE OF NAME Sec. 1. 6enue. - # person desiring to change his name shall present the petition to the &ourt of 0irst -nstance of the province in which he resides. or. in the &it! of Canila. to the *uvenile and +omestic Relations &ourt. Sec. ,. #ontents of petition. - # petition for change of name shall be signed and verified b! the person desiring his name changed. or some other person on his behalf. and shall set forth: (a) "hat the petitioner has been a bona fide resident of the province where the petition is filed for at least three (4) !ears prior to the date of such filing; (b) "he cause for which the change of the petitioner7s name is sought; (c) "he name as)ed for. Sec. 4. *rder for hearing. - -f the petition filed is sufficient in form and substance. the court. b! an order reciting the purpose of the petition. shall fi1 a date and place for the hearing thereof. and shall direct that a cop! of the order be published before the hearing at least once a wee) for three (4) successive wee)s in some newspaper of general circulation published in the province. as the court shall deem best. "he date set for the hearing shall not be within thirt! (4:) da!s prior to an election nor within four (5) months after the last publication of the notice. Sec. 5. $earing. - #n! interested person ma! appear at the hearing and oppose the petition. "he Solicitor eneral or the proper provincial or cit! fiscal shall appear on behalf of the overnment of the Republic. Sec. 8. 0udgment. - Apon satisfactor! proof in open court on the date fi1ed in the order that such order has been published as directed and that the allegations of the petition are true. the court shall. if proper and reasonable cause appears for changing the name of the petitioner. ad'udge that such name be changed in accordance with the pra!er of the petition. Sec. ;. Service of judgment. - *udgments or orders rendered in connection with this rule shall be furnished the civil registrar of the municipalit! or cit! where the court issuing the same is situated. who shall forthwith enter the same in the civil register.

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RULE $#4 VOLUNTARY DISSOLUTION OF CORPORATIONS Sec. 1. Where% by whom and on what showing application made. - # petition for dissolution of a corporation shall be filed in the &ourt of 0irst -nstance of the province where the principal office of a corporation is situated. "he petition shall be signed b! a ma'orit! of its board of directors or other officers having the management of its affairs. verified b! its president or secretar! or one of its directors. and shall set forth all claims and demands against it. and that its dissolution was resolved upon b! a ma'orit! of the members. or. if a stoc) corporation. b! the affirmative vote of the stoc)holders holding and representing two-thirds of all shares of stoc) issued or subscribed. at a meeting of its members or stoc)holders called for that purpose. Sec. ,. *rder thereupon for filing objections. - -f the petition is sufficient in form and substance. the court. b! an order reciting the purpose of the petition. shall fi1 a date on or before which ob'ections thereto ma! be filed b! an! person. which date shall not be less than thirt! (4:) nor more than si1t! (;:) da!s after the entr! of the order. 6efore such date a cop! of the order shall be published at least once a wee) for four (5) successive wee)s in some newspaper of general circulation published in the municipalit! or cit! where the principal office of the corporation is situated. or. if there be no such newspaper. then in some newspaper of general circulation in the /hilippines. and a similar cop! shall be posted for four (5) wee)s in three public places in such municipalit! or cit!. Sec. 4. $earing% dissolution% and disposition of assets" 3eceiver. - Apon five (8) da!s7 notice given after the date on which the right to file ob'ections as fi1ed in the order e1pired. the court shall proceed to hear the petition and tr! an! issue made b! ob'ections filed; and if no such ob'ection is sufficient. and the material allegations of the petition are true. it shall render 'udgment dissolving the corporation and directing such disposition of its assets as 'ustice re3uires. and ma! appoint a receiver to collect such assets and pa! the debts of the corporation. Sec. 5. What shall constitute record. - "he petition. orders. proof of publication and posting. ob'ections filed. declaration of dissolution. and an! evidence ta)en. shall constitute the record in the case. RULE $#5 JUDICIAL APPROVAL OF VOLUNTARY RECOGNITION OF MINOR NATURAL CHILDREN Sec. 1. 6enue. - 2here 'udicial approval of a voluntar! recognition of a minor natural child is re3uired. such child or his parents shall obtain the same b! filing a petition to that effect with the &ourt of 0irst -nstance of the province in which the child resides. -n the &it! of Canila. the petition shall be filed in the *uvenile and +omestic Relations &ourt. Sec. ,. #ontents of petition. - "he petition for 'udicial approval of a voluntar! recognition of a minor natural child shall contain the following allegations: (a) "he 'urisdictional facts; (b) "he names and residences of the parents who ac)nowledged the child. or of either of them. and their compulsor! heirs. and the person or persons with whom the child lives; (c) "he fact that the recognition made b! the parent or parents too) place in a statement before a court of record or in an authentic writing. cop! of the statement or writing being attached to the petition. Sec. 4. *rder for hearing. - Apon the filing of the petition. the court. b! an order reciting the purpose of the same. shall fi1 the date and place for the hearing thereof. which date shall not be more than si1 (;) months after the entr! of the order. and shall. moreover. cause a cop! of the order to be served personall! or b! mail upon the interested parties. and published once a wee) for three (4) consecutive wee)s. in a newspaper or newspapers of general circulation in the province. Sec. 5. *pposition. - #n! interested part! must. within fifteen (18) da!s from service. or from the last date of publication. of the order referred to in the ne1t preceding section. file his opposition to the petition. stating the grounds or reasons therefor.
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Sec. 8. 0udgment. - -f. from the evidence presented during the hearing. the court is satisfied that the recognition of the minor natural child was willingl! and voluntaril! made b! the parent or parents concerned. and that the recognition is for the best interest of the child. it shall render 'udgment granting 'udicial approval of such recognition. Sec. ;. Service of judgment upon civil registrar. - # cop! of the 'udgment rendered in accordance with the preceding section shall be served upon the civil registrar whose dut! it shall be to enter the same in the register. RULE $#6 CONSTITUTION OF FAMILY HOME Sec. 1. Who may constitute. - "he head of a famil! owning a house and the land on which it is situated ma! constitute the same into a famil! home b! filing a verified petition to that effect with the &ourt of 0irst -nstance of the province or cit! were the propert! is located. -n the &it! of Canila. the petition shall be filed in the *uvenile and +omestic Relations &ourt. 2hen there is danger that a person obliged to give support ma! lose his or her fortune because of grave mismanagement or on account of riotous living. his or her spouse. if an!. and a ma'orit! of those entitled to be supported b! him or b! her ma! petition the &ourt of 0irst -nstance for the creation of the famil! home. Sec. ,. &ontents of petition. "he petition shall contain the following particulars: (a) +escription of the propert!; (b) #n estimate of its actual value; (c) # statement that the petitioner is actuall! residing in the premises; (d) "he encumbrances thereon; (e) "he names and addresses of all the creditors of petitioner or head of the famil! and of all mortgagees and other persons who have an interest in the propert!; (f) "he names of all the beneficiaries of the famil! home. Sec. 4. 'otice and publication. - "he court shall notif! the creditors. mortgagees and all other persons who have an interest in the estate. of the filing of the petition. causing copies thereof to be served upon them. and published once a wee) for three (4) consecutive wee)s in a newspaper of general circulation. "he petition shall. moreover. be caused to be posted in a conspicuous place in the parcel of land mentioned therein. and also in a conspicuous place of the municipal building of the municipalit! or cit! in which the land is situated. for at least fourteen (15) da!s prior to the da! of the hearing. Sec. 5. *bjection and date of hearing. - -n the notice and publication re3uired in the preceding section. the court shall re3uire the interested parties to file their ob'ection to the petition within a period of not less than thirt! (4:) da!s from receipt of notice or from the date of last publication. and shall fi1 the date and time of the hearing of the petition. Sec. 8. *rder. - #fter hearing. if the court finds that the actual value of the proposed famil! home does not e1ceed twent! thousand pesos. or thirt! thousand pesos in chartered cities. and that no third person is pre'udiced thereb!. or that creditors have been given sufficient securit! for their credits. the petition shall be approved. Sec. ;. 3egistration of order. - # certified cop! of the order of the court approving the establishment of the famil! home shall be furnished the register of deeds who shall record the same in the registr! of propert!.

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RULE $#7 ABSENTEES Sec. 1. Appointment of representative. - 2hen a person disappears from his domicile. his whereabouts being un)nown. and without having left an agent to administer his propert!. or the power conferred upon the agent has e1pired. an! interested part!. relative or friend. ma! petition the &ourt of 0irst -nstance of the place where the absentee resided before his disappearance for the appointment of a person to represent him provisionall! in all that ma! be necessar!. -n the &it! of Canila. the petition shall be filed in the *uvenile and +omestic Relations &ourt. Sec. ,. /eclaration of absence" who may petition. - #fter the lapse of two (,) !ears from his disappearance and without an! news about the absentee or since the receipt of the last news. or of five (8) !ears in case the absentee has left a person in charge of the administration of his propert!. the declaration of his absence and appointment of a trustee or administrator ma! be applied for b! an! of the following: (a) "he spouse present; (b) "he heirs instituted in a will. who ma! present an authentic cop! of the same; (c) "he relatives who would succeed b! the law of intestac!; and (d) "hose who have over the propert! of the absentee some right subordinated to the condition of his death. Sec. 4. #ontents of petition. - "he petition for the appointment of a representative. or for the declaration of absence and the appointment of a trustee or an administrator. must show the following: (a) "he 'urisdictional facts; (b) "he names. ages. and residences of the heirs instituted in the will. cop! of which shall be presented. and of the relatives who would succeed b! the law of intestac!; (c) "he names and residences of creditors and others who ma! have an! adverse interest over the propert! of the absentee; (d) "he probable value. location and character of the propert! belonging to the absentee. Sec. 5. +ime of hearing" notice and publication thereof. - 2hen a petition for the appointment of a representative. or for the declaration of absence and the appointment of a trustee or administrator. is filed. the court shall fi1 a date and place for the hearing thereof where all concerned ma! appear to contest the petition. &opies of the notice of the time and place fi1ed for the hearing shall be served upon the )nown heirs. legatees. devisees. creditors and other interested persons. at least ten (1:) da!s before the da! of the hearing. and shall be published once a wee) for three (4) consecutive wee)s prior to the time designated for the hearing. in a newspaper of general circulation in the province or cit! where the absentee resides. as the court shall deem best. Sec. 8. *pposition. - #n!one appearing to contest the petition shall state in writing his grounds therefor. and served a cop! thereof on the petitioner and other interested parties on or before the date designated for the hearing. Sec. ;. Proof at hearing" order. - #t the hearing. compliance with the provisions of section 5 of this rule must first be shown. Apon satisfactor! proof of the allegations in the petition. the court shall issue an order granting the same and appointing the representative. trustee or administrator for the absentee. "he 'udge shall ta)e the necessar! measures to safeguard the rights and interests of the absentee and shall specif! the powers. obligations and remuneration of his representative. trustee or administrator. regulating them b! the rules concerning guardians.

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-n case of declaration of absence. the same shall not ta)e effect until si1 (;) months after its publication in a newspaper of general circulation designated b! the court and in the ?fficial a%ette. Sec. <. Who may be appointed. - -n the appointment of a representative. the spouse present shall be preferred when there is no legal separation. -f the absentee left no spouse. or if the spouse present is a minor or otherwise incompetent. an! competent person ma! be appointed b! the court. -n case of declaration of absence. the trustee or administrator of the absentee7s propert! shall be appointed in accordance with the preceding paragraph. Sec. =. +ermination of administration. - "he trusteeship or administration of the propert! of the absentee shall cease upon order of the court in an! of the following cases: (a) 2hen the absentee appears personall! or b! means of an agent; (b) 2hen the death of the absentee is proved and his testate or intestate heirs appear; (c) 2hen a third person appears. showing b! a proper document that he has ac3uired the absentee7s propert! b! purchase or other title. -n these cases the trustee or administrator shall cease in the performance of his office. and the propert! shall be placed at the disposal of those who ma! have a right thereto. RULE $#8 CANCELLATION OR CORRECTION OF ENTRIES IN THE CIVIL REGISTRY Sec. 1. Who may file petition. - #n! person interested in an! act. event. order or decree concerning the civil status of persons which has been recorded in the civil register. ma! file a verified petition for the cancellation or correction of an! entr! relating thereto. with the &ourt of 0irst -nstance of the province where the corresponding civil registr! is located. Sec. ,. Entries subject to cancellation or correction. - Apon good and valid grounds. the following entries in the civil register ma! be cancelled or corrected: (a) births; (b) marriages; (c) deaths; (d) legal separations; (e) 'udgments of annulments of marriage; (f) 'udgments declaring marriages void from the beginning; (g) legitimations; (h) adoptions; (i) ac)nowledgments of natural children; (') naturali%ation ()) election. loss or recover! of citi%enship (l) civil interdiction; (m) 'udicial determination of filiation; (n) voluntar! emancipation of a minor; and (o) changes of name. Sec. 4. Parties. - 2hen cancellation or correction of an entr! in the civil register is sought. the civil registrar and all persons who have or claim an! interest which would be affected thereb! shall be made parties to the proceeding. Sec. 5. 'otice and publication. - Apon the filing of the petition. the court shall. b! an order. fi1 the time and place for the hearing of the same. and cause reasonable notice thereof to be given to the persons named in the petition. "he court shall also cause the order to be published once a wee) for three (4) consecutive wee)s in a newspaper of general circulation in the province. Sec. 8. *pposition. - "he civil registrar and an! person having or claiming an! interest under the entr! whose cancellation or correction is sought ma!. within fifteen (18) da!s from notice of the petition. or from the last date of publication of such notice. file his opposition thereto. Sec. ;. Expediting proceedings. - "he court in which the proceeding is brought ma! ma)e orders e1pediting the proceedings. and ma! also grant preliminar! in'unction for the preservation of the rights of the parties pending such proceedings.

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Sec. <. *rder. - #fter hearing. the court ma! either dismiss the petition or issue an order granting the cancellation or correction pra!ed for. -n either case. a certified cop! of the 'udgment shall be served upon the civil registrar concerned who shall annotate the same in his record. RULE $#! APPEALS IN SPECIAL PROCEEDINGS Sec. 1. *rders or judgments from which appeals may be ta,en. - #n interested person ma! appeal in special proceedings from an order or 'udgment rendered b! a &ourt of 0irst -nstance or a *uvenile and +omestic Relations &ourt. where such order or 'udgment: (a) #llows or disallows a will; (b) +etermines who are the lawful heirs of a deceased person. or the distributive share of the estate to which such person is entitled; (c) #llows or disallows. in whole or in part. an! claim against the estate of a deceased person. or an! claim presented on behalf of the estate in offset to a claim against it; (d) Settles the account of an e1ecutor. administrator. trustee or guardian; (e) &onstitutes. in proceedings relating to the settlement of the estate of a deceased person. or the administration of a trustee or guardian. a final determination in the lower court of the rights of the part! appealing. e1cept that no appeal shall be allowed from the appointment of a special administrator; and (f) -s the final order or 'udgment rendered in the case. and affects the substantial rights of the person appealing. unless it be an order granting or den!ing a motion for a new trial or for reconsideration. Sec. ,. Advance distribution in special proceedings. - 9otwithstanding a pending controvers! or appeal in proceedings to settle the estate of a decedent. the court ma!. in its discretion and upon such terms as it ma! deem proper and 'ust. permit that such part of the estate as ma! not be affected b! the controvers! or appeal be distributed among the heirs or legatees. upon compliance with the conditions set forth in Rule >: of these rules.

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