Professional Documents
Culture Documents
(Additional Notes from SLU Review Notes) b Heirs are all of age, or the minors are
SPECIAL PROCEEDINGS represented by their judicial or legal
representatives duly authorized
SETTLEMENT OF ESTATE OF c A public instrument must be filed with
DECEASED PERSONS the Office of the Register of Deeds
d If there is only one heir, he may
RULE 73 adjudicate to himself the entire estate
VENUE AND PROCESS by means of an affidavit filed in the
Office of the Register of Deeds
Sec. 1. Where estate of the deceased person e A bond must be posted with the
settled. Register of Deeds in an amount
If the decedent was a resident of the equivalent to the value of the personal
Philippines at the time of his death property
whether a citizen or an alien, the RTC The decedent is presumed to have
or MTC, as the case may be, of the left no debts if no creditor files a
province in where he resides at the petition for letters of administration
time of his death within 2 years after the death of
If the decedent was not a resident of the decedent..
the Philippines at the time of his death in the
RTC or MTC of any province where he has his In Summary Settlement of estates of small
estate. value what are the requisites?
a Gross value of the estate does not
exceed P 10,000.00
The RTC or MTC is acting as a probate b Application is filed in the MTC
court, therefore it is a court of limited c Publication, once a week for 3
jurisdiction-that it can only decide on consecutive weeks in a newspaper of
matters which are proper, matters that general circulation in the province
are alien to said proceedings cannot be d Notice to interested persons
decided upon. e Debts, if there be any are all paid
Exceptions: Question on ownership Claims should be made within 2
may properly be decided upon by the years after the settlement and
probate court if the conflicting distribution of the estate
claimants as owners are all heirs of the If the claimant is a minor or
decedent and they all agree to submit mentally incapacitated or in prison
the question of ownership for or outside of the Philippines, he
determination by the probate court may present his claim within one
During the process of inventory of the year after such disability is
property of the estate of the decedent, removed.
in order to determine whether or not
certain How may liabilities of the estate or the
properties should be included in such distributees be enforced?
1 if there has been extrajudicial
inventory, as belonging to the decedents settlement of the estate, the heir who
has been unlawfully deprived of his
estate, the probate court may decide participation, or a creditor may compel
the judicial settlement of the estate,
prima facie the ownership of said unless they agree otherwise or agree
on a repartition or the heir unduly
properties. deprived agrees to be paid in money or
if he be a creditor, the heirs or
distributes agree to pay him.
RULE 74
2 if thee was summary settlement, the
SUMMARY SETTLEMENT OF ESTATES
heir or other person unlawfully
deprived of participation may file a
What are the requisites in Extrajudicial
motion for reopening in the same
Settlement by agreement between heirs?
summary proceeding and the court
a Decedent left no will and no debts
after hearing, shall order a repartition
of said share
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Q: What are the two stages in the probate Q: What should the executor named in
of a will? the will do upon his knowledge of the
A: They are: death of the testator or upon
1 The first is the probate proper. This knowledge of his having been named
deals with the extrinsic validity of as executor?
the will where its legal existence A: He shall, within 20 days from obtaining
will be passed upon. Under this knowledge of the death of the testator
stage, the probate court decides or of his having been named as
only on the conclusiveness of the executor, present the will to the court
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Q: An order of the court for the custodian A: There is no prescriptive period for the
of the will of X was issued for the probate of a will. The petition for
production of the will in court, but he probate is required by public policy
neglected to do it. What may the court and may be filed at any time after the
do to him? death of the testator. (Guevarra vs.
A: A person having custody of a will after guevarra, 98 Phil. 249)
the death of the testator who neglects
without reasonable cause to deliver Q: State the contents of a petition for the
the same, when ordered to do so to allowance of a will.
the court having jurisdiction, may be
committed to prison and there kept A: A petition for the allowance of a will
until he delivers the will. (Sec. 5). must show, so far as known to the
petitioner
Q: A, B and C are the heirs of X instituted
in his will. After his death, they entered a The jurisdictional facts;
into an extrajudicial settlement of X's
estate without the will having been b The names, ages, and residence of
probated. Is their action proper? Why? the heirs, legatees, and devisees of
A: No, they shall have brought the will to the testator or decedent;
the court first and have it probated,
because no will shall pass either real or (c) The probable value and character
personal property unless it is proved of the property of the estate;
and allowed in the proper court.
c The name of the person for whom
Q: X executed a will instituting his heirs. letters are prayed;
Can the heirs have an extrajudicial
settlement of X's estate? d If the will has not been delivered to
A: Yes, but they must first submit the will the court, the name of the person
for probate. If admitted, they can having custody of it.
divide the estate according to its terms
which cannot be varied. The rule is so But no defect in the petition shall
because probate of a will is render void the allowance of the will,
compulsory. (Guevara vs. Guevara, 74 or the issuance of letters testamentary
Phil. 479). or of administration with the will
annexed.
Rule 76 Q: What are the jurisdictional facts
ALLOWANCE OR DISALLOWANCE OF WILL required to be alleged in the petition
for probate?
Q: Who may file a petition for allowance
of a will? A: They are:
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Q: Before a last will may be proved as lost Q: State the grounds for the disallowance
or destroyed, state the requirements of a will.
that must be complied with. A: The will shall be disallowed in any of
A: No will shall be proved as lost or the following cases:
destroyed will unless the execution a If not executed and attested as
and validity of the same be required by law;
established, and the will is proved to b If the testator was insane, or
have been in existence at the time of otherwise mentally incapable to
the death of the testator, or is shown make a will, at the time of its
to have been fraudulently or execution;
accidentally destroyed in the lifetime c If it was executed under duress, or
of the testator without his knowledge, the influence of fear, or threats;
nor unless its provisions are clearly d If it was procured by undue and
and distinctly proved by at least two improper pressure and influence,
(2) credible witnesses. When a lost will on the part of the beneficiary, or of
is proved, the provisions thereof must some other person for his benefit;
be distinctly stated and certified by the e If the signature of the testator was
judge, under the seal of the court, and procured by fraud or trick, and he
the certificate must be filed and did not intend that the instrument
recorded as other wills are filed and should be his will at the time of
recorded. (Sec. 6). fixing his signature thereto.(Sec.9).
Q: State the procedure in the probate of a Q: What should a person contesting the
will if the witnesses do not reside in allowance of a will do?
the province where probate is being A: Anyone appearing to contest the will
done. must state in writing the grounds for
A: If it appears at the time fixed for the opposing its allowance, and serve a
hearing that none of the subscribing copy thereof on the petitioner and
witnesses resides in the province, but other parties interested in the estate.
that the deposition of one or more of (Sec. 10)
them can be taken elsewhere, the
court may, on motion, direct it to be
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Q. May a will proved in a foreign country A. When a will is thus allowed, the court
be allowed and filed in the Philippines? shall grant letters testamentary, or
letters of administration with the will
A. Yes wills proved and allowed in a annexed, and such letters
foreign country, according to the laws testamentary or of administration,
of such country, may be allowed, filed, shall extend to all the estate of the
and recorded by the proper MTC or RTC testator in the Philippines. Such estate,
in the Philippines. after the payment of just debts and
expenses of administration, shall be
Q. What shall the court do upon the filing disposed of according to such will, so
of a petition for allowance of a will far as such will may operate upon it;
allowed outside of the Philippines? and the residue, if any shall be
disposed of as is provided by law in
A. The court shall fix the time and place cases of estates in the Philippines
for the hearing, and cause notice belonging to persons who are
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as assets, nor administered as among others, sugar lands of the estate. That
such, and shall not be included in Felix Leong was designated therein as
the inventory. administrator and "owner, by testamentary
disposition, of 5/6 of all said parcels of land";
e General Rule: Section 3, Rule 83, That, the lifetime of the lease contract
The widow and minor or was FOUR (4) sugar crop years, with a yearly
incapacitated children of a rental of TEN PERCENT (10%) of the value of
deceased person, during the the sugar produced from the leased parcels of
settlement of the estate, shall land; that, on April 20, 1965, the formal
receive therefrom, under the partnership of HIJOS DE JOSE VILLEGAS was
direction of the court, such formed amongst the heirs of Jose Villegas, of
allowance as are provided by law. which respondent was a member;
That, on October 18, 1965, another
Exception: It is settled that lease contract was executed between Felix
allowances for support under this Leong and the partnership HIJOS DE JOSE
section should not be limited to the VILLEGAS, containing basically the same
minor or incapacitated children terms and conditions as the first contract,
of the deceased. Under Article 188 with Marcelo Pastrano signing once again as
of the Civil Code (Now Article 133 representative of the lessee;
of the Family Code) during the That, on March 14, 1968, after the demise of
liquidation of the conjugal Marcelo Pastrano, respondent was appointed
partnership, the deceaseds manager of HIJOS DE JOSE VILLEGAS by the
legitimate spouse and children, majority of partners;
regardless of their age, civil status That, renewals of the lease contract
or gainful employment are entitled were executed between Felix Leong and HIJOS
to provisional support from the DE JOSE VILLEGAS on January 13, 1975 and
funds of the estate. The law is on December 4, 1978, with respondent
rooted on the fact that the right signing therein as representative of the
and duty to support especially the lessee; and,
right to education, subsist even That, in the later part of 1980,
beyond the age of majority. (Ruiz respondent was replaced by his nephew
v. CA, Gr. No. 118671 January Geronimo H. Villegas as manager of the family
29, 1996) partnership.(Mananquil v. Villegas, August
30, 1990)
Note: The law clearly limits the a Was the act of the administrator in
allowance to widow and children leasing the property of the
and does not extend to deceased acts of administration
grandchildren of the deceased. pursuant to Section 3, Rule 84 of
(Ibid.) the Rules of Court?
b What are the powers of the
executor/administrator of the
estate?
c What are the restrictions on the
Rule 84 power of the
GENERAL POWERS AND DUTIES OF administrator/executor?
EXECUTORS d What acts of disposition, ownership
AND ADMINISTRATORS and dominion needs special
authority from the court?
Problem: e In general, what are the powers
On March 21, 1961, respondent was and duties of the
retained as counsel of record for Felix Leong, executor/administrator?
one of the heirs of the late Felomina Zerna, f State the duty of the executor or
who was appointed as administrator of the administrator with respect to
Testate Estate of the Felomina Zerna. That, a maintenance of tenantable repairs
lease contract dated August 13, 1963 was of buildings?
executed between Felix Leong and the "Heirs g How long may the executor or
of Jose Villegas" represented by respondent's administrator keep the estate of
brother-in-law Marcelo Pastrano involving, the decedent in his possession?
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know to whom to render an accounting report. the fact that at one time or
(Kalaw v. IAC, September 2, 1992) another, Judge Sundiam and Judge
a Is the contention of petitioner Tiongco were presiding over said
tenable? sala during their incumbency.
b Is the executor/admintrator Likewise, her subsequent
accountable to the whole estate of compliance in rendering an
the deceased? accounting report did nor purge her
c When shall the amount paid by the of her negligence in not rendering
executor or administrator for costs an accounting for more than six
be allowed in his administration years, which justifies petitioners
cost? removal as administratrix and the
d Will the executor/administrator appointment of private respondent
profit by the increase or decrease in her place as mandated by
in value of any part of the estate of section 2 of Rule 82 of the Rules of
the deceased? Court.
e When shall an
executor/administrator render an b General Rule: The executor or
accounting of his administration? administrator is accountable for the
whole of the estate of the
Answers: deceased.
a The contention of petitioner is not
tenable. Exception: He is not accountable
General Rule: Section 8 of the for properties which never came to
Rule of the Revised Rules of Court his possession.
provides that:
Every executor or administrator shall Exception to the Exception:
render an account of his When through untruthfulness to
administration within one year from the trust or his own fault or for lack
the time of receiving letters of necessary action, the executor
testamentary or of administration, or administrator failed to recover
unless the court otherwise directs part of the estate which came to
because of extension of time for his knowledge.
presenting claims against, or paying
the debts of, the estate, or of c General Rule: Costs charged are
disposing of the estate; and he shall allowed against an executor or
render further accounts as the court administrator in actions brought
may require until the estate is wholly or prosecuted by or against him
settled. should be paid out of the deceased.
The rendering of an accounting by
an administrator of his administration
Exception: If it appears that
within one year from his appointment
the action or proceeding in which
is mandatory, as shown by the use
the costs are taxed was
shall in said rule.
prosecuted or resisted without just
cause, and not in good faith.
Exception: When the court
otherwise directs because of
d) Administrator or executor shall
extensions of time for presenting
not profit by the increase of the estate
claims against the state or of
nor be liable for any decrease which the
praying the debts or disposing the
estate, without his fault, might have
assets of the estate.
sustained.
Furthermore, petitioners
excuse that the sala where the
1) Within one year from the time of
intestate proceeding was pending
receiving letters testamentary or
was vacant most of the time
letters of administration. (Sec 8,
deserves scant consideration since
Rule 85)
petitioner never attempted to file
2) He shall render such further
with said court an accounting
accounting as the court may
report of her administration despite
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within the time fixed, the court upon the property of the estate or does
may, for cause shown and on such not constitute a specific lien which may
terms as are equitable allow such be registered on such property.
belated claim to be filed within a -Judgment of a probate court
time NOT exceeding 1 month. approving or disapproving a claim is
appealable.
e CONTINGENT CLAIM: uncertainty
of liability NOTE: the mode of appeal is record on
-conditional claim or claim appeal and must be filed within 30 days from
that can be enforced upon notice of judgment
the happening of a future
uncertain event.
RULE 87
-Alternative remedy ACTIONS BY AND AGAINT EXECUTORS
creditor who is barred by AND ADMINISTRATORS
the Statute Of Non-Claims
may file a claim as a Problem:
counterclaim in any suit that Siy Uy maliciously charged Climaco
the executor or with estafa, and upon being acquitted from
administrator may bring such malicious charge, Climaco filed against
against the claimant. Siy Uy a civil action for damages due to
malicious prosecution. While the case was
f -Claim should be filed against pending, he died. (Climaco v. Siy Uy, Nov
decedent as if he were the only 27, 1967)
debtor without prejudice on the a Will the case be continued or at
part of the estate to recover least commenced anew against the
contribution from the other debtor. administrator of the estate of
deceased defendant Siy Uy?
-if obligation is joint the claim b What actions may be brought
must be confined to the portion against the executor/administrator?
belonging to the decedent. c What actions may be brought by
the executor or administrator?
g REMEDIES OF THE CREDITOR: d When may an heir sue to recover
1 Abandon security and title or possession of land assigned
prosecute his claim against the to him?
estate and share in the same e What is the purpose of the
general distribution of the asses examination of the person having
of the estate. known to have concealed,
2 Foreclose by action in court embezzled or fraudulently
making executor or conveyed the property of the
administrator a party defendant deceased?
and if there is judgment for f When may the creditor bring
deficiency he may file a claim action?
against the estate. Answer:
3 Rely solely on his mortgage and a It was held that the same could not
foreclose the name at anytime be maintained against the
within the period of the statute administrator because it is not an
of limitations but he cannot be action to recover property, nor to
admitted as creditor and shall enforce a lien thereto. It is not also
not receive in the distribution of an action to recover damages for
the other assets of the estate; an injury to persons or property.
These remedies are (Climaco v. Siy Uy, Nov. 27,
alternative the availment 1967)
of one bars the availment
of other remedies. b An action to recover real or
personal property, or an interest
h -Judgment against executor and therein, from the estate, or to
administrator shall not create any lien enforce a lien thereon, and actions
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What is GUARDIANSHIP
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Is the power of protective authority given court (Parco et. al vs. CA , et.al, Jan. 30,
by law and imposed on as individual who 1982).
is free and in the enjoyment of his rights, However where the right or title of the
over one whose weakness on account of ward to the property is clear and
his age or other infirmity renders him undisputable, the guardianship court may
unable to protect himself. issue an order directing its delivery or return.
( Paciencte vs. Dacuycuy, June 29, 1982 ).
GUARDIAN
Is a person in whom the law has entrusted
the custody and control of the person or WHO ARE INCOMPETENT?
estate or both of an infant, insane, or
other person incapable of managing his Under Sec. 2, Rule 92, those considered
own affairs. incompetent are the ff:
He is an officer of the court appointing
him. He is a creature of the law and has no 1. Persons suffering the penalty of civil
authority, rights and duties except those interdiction
conferred or imposed by law. 2. Hospitalized lepers
3. Those who are of unsound mind, even
Kinds of Guardians: though they have lucid intervals
1.Legal Guardian 4. Prodigals
Who is such by provision of law 5. Persons not being of unsound mind, but by
without the need of judicial appointment, as reason of age, disease, weak mind and other
in the case of parents over the persons of similar causes, cannot, without outside aid,
their minor children. take care of themselves and manage their
property.
2. Guardian ad litem 6. Deaf and dumb who are unable to read and
Who may be any competent person write.
appointed by the court for purposes of a
particular action or proceeding involving a
minor. RULE 93
3. Judicial Guardian APPOINTMENT OF A GUARDIAN
Who is a competent person appointed
by the court over the person and or property WHO MAY PETITION FOR THE APPOINTMENT
of the ward to represent the latter in all his OF A GUARDIAN?
civil acts and transactions. 1. For resident minor / incompetent
a. Any friend
b. Other person in behalf of a resident
minor or incompetent who has no parent or
WHERE TO INSTITUTE PROCEEDINGS FOR lawful guardian.
GUARDIANSHIP: c. Any relative
d. The minor himself if 14 years or over.
In the RTC of the province where the e. The Secretary of Health in favor of an
minor or incompetent person resides. insane person who should be hospitalized or
If he resides in a foreign country, in the in favor of a leper person.
RTC of the province wherein his
property or part thereof is situated 2. For non-resident minor / incompetent
( Sec 1, Rule 92; BP 129 ). a. Any friend
b. Any one interested in the minors /
May issues of ownership be threshed out by incompetents estate, in expectancy or
the guardianship court? otherwise.
c. Any relative
NO. Where in a guardianship case, an CONTENTS OF THE PETITION FOR
issue arises as to who has a better right or GUARDIANSHIP
title to properties conveyed in the course of ( Sec. 2 , Rule 93 ):
the guardianship proceedings, the
controversy should be threshed out in a 1. T he jurisdictional facts.
separate ordinary action as the dispute is 2. the minority or incompetency rendering the
beyond the jurisdiction of the guardianship appointment necessary or convenient.
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3. the names, ages and residence of the guardian, the defect is cured and the court
relatives of the minor or incompetent and of may proceed.
the persons having him in their care. Service of notice upon the
4. The probable value and character of his minor if above 14 years or upon the
estate. incompetent person is essential. Without
5. The name of the person for whom letters of such service of notice, the court acquires no
guardianship are prayed. jurisdiction.
The petition should be verified, but no ( Yanco vs. CFI of Manila, 29 Phil 184; Nery et
defect in the petition or verification al vs. Lorenzo, April 27, 1972 ).
shall void the issuance of letters of
guardianship. ( Sec. 2, Rule 93 ). When the incompetent is an insane
person and is under the custody of the San
Lorenzo Hospital, service of the notice to the
PROCEDURE FOR THE PETITION FOR Director of the hospital is sufficient.
GUARDIANSHIP: ( In Re Guardianship of JR de Inchausti, 40 Phil
506 )
1. The filing of the petition in the court of
proper jurisdiction.( Sec. 1, Rule 93 ). The property of the defendant, a minor,
2. The court shall issue as order setting the was under the guardianship of the
date, time and place for the hearing ( Sec.3, petitioner. The minor married. May the
Rule 93) court remove the petitioner as guardian?
3. Notice of the date, time and place of the - The court is vested with the power to
hearing is to be given to: remove the guardian and may appoint the
a. Persons mentioned in the petition husband as guardian, provided he is of age
including the minor himself if 14 years and capable of protecting the interest of the
or over or incompetent himself minor. ( Lim Chua Lan vs. Lim Chua Kun, 54
b. Next of kin only, those residing in Phil 190 ).
the province where the petition is filed The mother of the children is convicted
of adultery. The husband, while the
( Sec. 3 Rule 93 ) divorce proceeding is pending in court,
died. The trial court appointed the
grandmother as guardian of the
4. Any interested person may file written children. Is the trial court correct?
opposition on the following grounds : - Yes. The SC held that the trial court
a. majority of the alleged minor did not commit any error in the appointment
b. competency of the alleged of the grandmother as the guardian of the
incompetent minor children. (Cortes vs. Castillo et al 41
c. unsuitability of persons for whom Phil 466).
letters of guardianship are prayed.
- the opposing party must pray for : May the court appoint nonresidents as
a. the dismissal of the petition guardians?
b. the issuance of letters of - No. Because, then, the nonresident
guardianship to him or to any suitable person
named in the opposition (Sec. 4, Rule 93 ) are not subject to the jurisdiction of the court
5. The court shall receive evidence of the
parties (Sec. 5, Rule 93).
6. If the evidence warrants, the court shall ( Guerrero vs. Teran 13 Phil 212 )
appoint a suitable guardian of the person of
the minor or incompetent or of his estate or of The general consideration in the
both in a decision rendered thereafter, after appointment of guardian is the BEST
the payment of the bond. ( Sec. 5, Rule 93 ). INTEREST of the minor or incompetent. The
court shall take into consideration the
character and financial condition of the
NOTE : prospective guardian and may not appoint
When the names, ages and residence any person whose interest conflict with those
of some of the next of kin were omitted in the of the infant. ( Guerrero vs. Teran IBID ).
petition, but it appears that those omitted
joined in the petition for the appointment of a
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2. To faithfully execute the duties of his trust, When is a guardian & his bondsmen
to manage and dispose of the estate liable?
according to these rules for the best interest In case a guardian is removed, he and his
of the ward and to provide for the proper care, bondsmen are liable, for the administration of
custody of the ward. the wards property, from the time of
3. To render a true and just account of all the acceptance of appointment to the time of
estate of the ward in his hands, and of all removal.
proceeds or interest derived there from, and ( Guerrero vs. Teran, 13 Phil. 212 )
of the management and disposition of the
same, at the time designated by these rules In case of separate action on guardians
and such other times as the court directs and bond, should the sureties be made
at the expiration of his trust, to settle his parties?
accounts with the court and deliver and pay Yes, the sureties should be made
over all the estate, effects and moneys parties to bind them on their official bond
remaining in his hands or due from his own ( Arroyo vs. Jungsay, 34 Phil. 590 )
such settlement, to the person lawfully
entitled thereto. SELLING & ENCUMBERING OF THE
WARDS PROPERTY
4. To perform all orders of the court by him to A guardian may petition the court for
be performed. leave of court to see or encumber the estate
of his ward when the income of the wards
NOTA BENE: estate is not sufficient:
Where the statute requires a guardian 1. to maintain the ward and his family
to give bond, he can not qualify or become 2. to maintain and educate the ward
entitled to act as guardian without giving such when a minor
bond; but his failure to give bond ordinarily 3. when the sale appears to be for the
does not render his acts void, at least as benefit of the ward and that the
against third persons without notice. proceeds of the sale or
encumbrance be put at interest or
OBJECT OF THE BOND invested in some productive security
To provide security to those interested in the or in the improvement or security of
proper settlement of the properties of the other real estate of the ward.
ward.
The conditions of the guardians bond also PROCEDURE FOR THE SALE &
constitute the duties and obligations of a ENCUMBRANCE OF THE WARDS
guardian. PROPERTY:
WHEN IS A NEW BOND REQUIRED? 1. A verified petition shall be filed which shall
Under Sec. 2 , Rule 94, a new bond is required be set for hearing. The petition shall set forth
whenever it is deemed necessary by the facts showing the necessity of the sale or
court. encumbrance and pray that an order issue
Requisites: authorizing such sale or encumbrance. (Sec.
1. After due notice to interested 1, Rule 95)
persons.
2. No injury will result therefrom to 2. A copy of the notice of hearing shall be
those interested in the estate. furnished to the next of kin of the ward and all
other persons interested in the estate. (Sec.
WHERE IS THE BOND FILED? 2, Rule 95)
In the office of the Clerk of Court ( Sec. 3, Rule
94 ) 3. At the date, time and place of the hearing,
evidence shall be received from the
petitioner, the next of kin and other persons
IN CASE IT BECOMES LIABLE, WHERE IS interested, together with their respective
IT PROSECUTED?
witness. (Sec. 3, Rule 95)
It may be prosecuted either in the same
proceeding or by a separate action ( Sec. 3,
4. The court may grant or refuse the prayer
Rule 94 ) of the petition for authority to sell, as the best
interest of the ward requires. (Sec. 3, Rule 95)
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What are the Grounds for the Regional Trial Court of the place where the
Rescission of an Adoption? absentee resided before his disappearance
The adoption may be rescinded on
any of the following grounds committed by
the adopter/s: What are the Requisites in the Appointment
1 repeated physical and of Representative?
verbal maltreatment
despite having undergone a A person disappears from his domicile
counseling; b The whereabouts of such person is
2 attempt on the life of the unknown
adoptee; c Such person has not left an agent to
3 sexual assault or violence; administer his property; or even if he
or left such agent , the power of such
4 abandonment and failure agent has expired
to comply with parental d His disappearance is less than 2 years
obligations. [ sec. 19 ] yet
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