Special proceedings (Rule 91-97)

Escheat

S1. When to file?

When a person d intestate without heir or person entitled by law

Who to file?

the Solgen or his rep files a petition in CFI of the province where the d last resides or which he had
estate (if outside ph.)

what must be set forth in the petition? Setting forth the facts and praying that the estate of the d be
declared escheated.

S2. Requirement:

it must be sufficient in form and in substance

If yes? What must the court do?

In the order reciting the purpose of petition. The court must fix a date and place for hearing which

1. shall not be more than 6 months after the entry of the order
2. Shall direct a copy of the order be published before the hearing at least once a week for 6
successive weeks in some newspaper of gen cir. published in the province as the court shall
deem best.

S3. Hearing and judgment

Upon satisfactory proof in the open court on the date fixed in the order that such:

1. had been published as directed

2. The person d intestate or Seized of real or personal property in the phi.
3. Leaving no heir or anyone entitled by law
4. No sufficient cause shown in the contrary.
5. After payment of just debts and charges

Where should the escheated property go?

It depends.

If it is personal property?

To the muni or city where he last resided in the phi

Real property?
If he resided in the phi?

to the muni city in which the same is situated

if he did not?

the whole estate may be assigned the respective muni/city where the same is located.

Such estate shall be for the benefit of the public schools and public charitable institutions and centers in
such muni/city.

At the instance of an interested party or upon the motion of the court

The court may order the est. of a permanent trust s that only the income from the property shall be
used.

S4. When claim to estate be filed?

If a devisee, legatee, heir widow widower or other person entitled to such estate appears and files a
claim thereto with the court within 5 years from the date of such judgment, such person shall have
possession of and title to the same

If sold? The muni/city shall be accountable to him for the proceeds after deducting the reasonable
charges for the care of the estate

If not filed within 5 years?

Barred forever.

Other actions for escheat: reversion or escheat of properties alienated in violation of the consti or any
statute shall be governed by this rule

XPN: it shall be instituted in the province where the land lies in whole or in part.

R.92 VENUE

Guardianship of persons or estate of a minor or incompetent may be instituted in the family courts for
minor/rtc for incomp where the minor or incompetent person resides

If he resides in a foreign country where his property is situated.

In city of manila it shall be institute in the juvenile and domestic relations court.

S2. Incompetent define: persons suffering the penalty of civil interdiction or who are hh lepers,
prodigals ,deaf, dumb who are no read no write those who are of unsound mind even if they have lucid
intervals and persons not being of unsound mind but of reason of age disease, weak mind and other
similar causes cannot without outside aid, take care of themselves and manage their property becoming
thereby easy prey for deceit and exploitation.

Minor: joint parental authority: F prevails and M (no kid under 5 shall be separated) remarriage (the
court may appoint a guardian
GM: in absence of parents’ older BG in absence

S3. Transfer of venue.

Is it allowed?

Yes, the court taking cognizance of a guardianship proceeding, may transfer the same to the court of
another muni wherein the ward has acquired real property.

provided he has transferred thereto his bona fide residence, and the latter court shall have full jd to
cont. the proceedings without requiring payment of additional court fees.

Rule 93 Appointment of guardians

S1. Who may petition appointment of guardian for resident?

Any relative, friend or other person on behalf of the minor or incapa who have NO parents or lawful
guardian or the minor himself (14 or over)

May petition the court having jurisdiction over the appointment of gen guardian for the person or estate
or both.

Dir of health

S2. Contents; verified petition but no defect in the petition or verification shall render void the issuance
of letter of guardianship.

a. Jurisdictional facts
b. Minority or incompetency rendering the appointment necessary
c. C. names ages and residences of the relatives of the minor or incompetent and of the persons
having him in their care
d. Probable value and character of estate
e. The name of the person whom letter of guardianship are prayed
S3. Notice and hearing:

 The court fixes a time and place for the hearing and
 shall cause reasonable notice to be given to the persons mentioned in the petition residing in
the province
including:
a. a minor if above 14
b. incompetent himself and may direct other general or special notice thereof to be given.

S4. Who may Oppose to petition?

Any interested person by the filing of a written opposition to contest the petition

On what ground? On the ground that maj of the alleged

 1. minor
2. competency of alleged incomp
3. unsuitability of the person for whom letters are prayed

a. may pray that the petition be dismissed

b. letters of guardianship issue to himself
c. to any suitable person named in the OP.

S5. Hearing and order for letters to issue

Procedure

a. At the hearing the alleged incompetent must be present if able to attend

b. Must be shown that the notice requirement has been given
c. The court hears the evidence of the parties in support of their respective allegations
d. If minor or incomp; it shall appoint a suitable guardian of his person or estate or both with
the powers and duties specified.

S6 how to appoint: non resident

When? If a person liable to put under guardianship resides without the Philippines but has estate
therein

Who: any relative or friend of such person or any one interested in his estate in expectancy or
otherwise.

And by publication and hearing the court is satisfied that such nonresident is minor or incompetent

S7 parents as guardian

When the property of the child is not more than 2k the parents are guardian without need of
appointment

S8. service of judgment must be served upon the civil registrar if the muni where the minor resides or
where his property or a part of it is situated.

Before a guardian appointed enters the executed of his trust or letters or guardianship, he shall give a
bond in sum the court directs

1. INVENTORY: To make and return within 3 months true and complete inventory of all the estate
which shall come to his possession or knowledge or knowledge of any other person for him
2. To EMP
a. faithfully execute the duties of his trust,
 b. to manage and dispose of the estate according to the rules for the best interest of the ward
and
c. to provide proper CCE to the ward.
3. ACCOUNTING:
a. To render a true and just account of all the estate of the ward in his hands and
b. of all the proceeds or interest derived and
c. the management and disposition of the same at the time designated by these rules and
d. such other times as the court directs

EXPIRATION:

at the expiration of his trust

a. settle his accounts with the court

b. deliver
c. pay over all the estate

*Effects and moneys remaining in his hands or due from him in his settlement to the person
lawfully entitled thereto

4. ORDERS: To perform all orders of the court by him to be performed.

S2. When new bond is required?

When necessary the court may require new bond to be given by the guardian

May old sureties be discharged?

Yes, the old sureties may be discharged on the old bond from further liability after due notice to the
interested persons when no injury can result therefrom to those interested in the estate.

S3. Where to file bond?

Every bond of the guardian must be filed with the clerk of court and inv case of breach of a condition
may prosecute in the same proceeding or in a separate action for the use and the benefit of the ward or
of any other person legally interested in the estate. Rule 95 selling and encumbrance of property/

When can a guardian petition the court to sell or encumber?

When the income of an estate under guardianship is

a. insufficient to maintain the ward and his family or

b. to maintain and educate the ward when minor or
c. when it appears that it is for the benefit of the ward (that his real estate or some part thereof
be sold or mortgage or otherwise encumbered and the proceeds thereof put out at interest) or
d. invested in some productive security
e. or in the improvement or security of other real estate of the ward
how to petition the court for leave?

The guardian must present a verified petition to the court by which he was appointed setting forth such
facts and praying that an order issue authorizing the sale or encumbrance.

S2. Order to show cause thereupon

If such sale is necessary or would be beneficial to he ward the court shall

a. make an order directing the next of kin of the ward and all persons interested in the estate to
b. appear at a reasonable time and place therein specified to
c. show cause why the prayer of the petition should not be granted

S3. Hearing on return of order cost:

At the time and place designated to show cause the court shall

a. hear the proofs and allegation of the petitioner and next of kin and other persons interested
together with their witness and
b. grant or refuse the prayer of the petition as the best interest of the ward require.
c. The court shall make such order as to cost of the hearing as may be just.

S4. Contents of the order for sale or encumbrance and how long effective; bond

After full examination: if it appears that it is necessary and beneficial to the ward to s/e the estate or
some portion of it the court

1. shall order that the proceeds be expended for the maintenance of the ward and his family or
the education of the ward if he is a minor or if putting of the same out at interest or the
investment of the same as the circumstances may require.
2. The order shall specify the causes why the s/e is nece or benef and may direct that estate
ordered sold be disposed of at either public or private sale subject to the condi
A. as to time and manner of payment and
B. security for the proper appropriation of the proceeds of the sale the judge may if deemed
expedient require an add bond as a Condi for the granting of the order of sale. No order of sale
granted in pursuance of his section shall cont. in force more than 1 year after the granting of the
same without a sale being had.

Courts discretion as to proceeds and direct management of estate?

The court may

a. authorize
b. require the guardian to invest the proceeds as shall be the best interest of all concerned
 c. may maker orders for management, investment and disposition of the estate and effects as cir.
may require.

Rule 96 the general powers and duties of a guardian

1. Care and custody of the person

2. Management of his estate (within phi)

How to pay debts

Through his personal property and income of real property if sufficient otherwise upon petition to the
court, obtain order for sale or encumbrance

A guardian must SDS-RCDA

a. Settle all accounts of his wards

b. Demand
c. Sue for
d. Receive all debts due
e. Compound the same (with the approval of the court)
f. Discharge
g. Appear for and rep in all actions and in SP unless another is assigned.

S4. How to manage estate? It must be

a. managed frugally without waste

b. apply the income and profits thereon so far as is necessary for the comfortable and suitable
maintenance of the ward

S5. Authority to join partition:

a. granted after hearing
b. upon such notice to the relatives of the ward as the court may direc and
c. an investigation as to the necessity and propriety of the proposed action.

S6 embezzlement or concealment of property

Upon complaint of the guardian or ward or any other person having actual or prospective interest in the
estate of the ward as cr. heir, or otherwise that anyone is suspected of having embezzled. Concealed, or
conveyed away any money goods interest or a written interest, instrument and make such orders as will
secure the estate against such ECC S7 inventory and accounts of guardian and appraisement of estates a
guardian must render to the court an inventory of the estate of his ward within 3 months after the
appointment and annually after such an inventory and account. The rendition of any of which may be
compelled upon the application of an interested persons. Such inventories and account shall be SWORN
to by the guardian. In the appraisement the court may request the assistance or one or more of the
inheritance tax appraisers
Whenever there are properties which were not incl in the inventory as is discovered or succeeded to or
acquired like proceedings shall be had for securing an inventory and appraisement thereof within 3
months.

S8. When guardians account presented for settlement

Is compensation of G allowed?

Yes, the expenses and compensation are allowed.

How?

1. Upon the exp of a year from the time of his appointment and as may be required a guardian
must present his account to the court for settlement and allowance. In the settlement of the
account the guardian other than a parent shall be allowed in the amount of his reasonable
expenses incurred in the execution of his trust and also such compensation for his services as
the court deem just not exceeding 15% compensation for his services as the court deems just of
the net income of the ward.

R97. Termination of guardianship.

S1 petition that competency of the ward be adjudged and proceedings

Who may petition?

a. The ward
b. The relatives or friend
c. Guardian

*To have his present competency judicially determined.

The petition must be

a. Verified by oath
b. Shall state that such person is competent

The court then must:

1. Fix time and date for hearing the question raised thereby
2. Cause reasonable notice thereof to be given to the guardian of the person so declared
incompetent and to the ward.

On trial and in the discretion of the court

any other person may contest the right to the relief demanded and witnesses may be called upon and
examined by the parties or by the court on its own motion.;

if no longer incompetent: HIS COMPETENCY SHALL BE ADJUDGMED AND THE GUARDIANSHIP SHALL
CEASE.

S2. When guardian be removed or allowed to resign: new appointment

Removal
1. Insane
2. Incapable of discharging the trust or unsuitable
3. stj
4. Wasted or mismanaged
5. Failure to render an account for 30 days after it is DUE to render an account or make
a return
6. Marriage or voluntary emancipation of a minor and shall enable the minor to
administer the properties as though he were of age but CANNOT BORROW MONEY
OR ALIENATE OR ENCUMBER without the consent of his FMG. He can sue and be
sued in court only with the assistance of FMG the guardian of any person may be
discharged by the court when it appears upon the application of the ward or
otherwise that the guardianship is no longer nece
The court may upon reasonable notice to the G
a. Remove him and
b. compel him to surrender the estate of the ward to the person found to be lawfully
entitled to.
Resignation
When it appears proper to allow the same and upon his resignation or removal the court
may appoint another.
S4 record may be kept by justice of peace or muni judge
S5. Final orders or judgment under this rule shall be served upon the civ reg of the muni or
city where the minor or the income person resides or where his property is sit.

SEC. 5. Qualifications of guardians. — In appointing a guardian, the court shall consider the
guardian's:
(a) moral character;
(b) physical, mental and psychological condition;
(c) financial status;
(d) relationship of trust with the minor;
(e) availability to exercise the powers and duties of a guardian for the full period of the
guardianship;
(f) lack of conflict of interest with the minor; and
(g) ability to manage the property of the minor.