RULE 91 – ESCHEATS

SEC. 1 – When and by whom petition filed Note:

Petitions for escheat may only be filed in the name of the In case of death of trustee, the executor or administrator
Republic of the Philippines by: of a former trustee shall not be required to accept such
1. Solgen; or trust.
2. His representative, such as the provincial or city
prosecutor SEC. 3 – Appointment of New Trustee
a. When a trustee (under a written instrument),
Other Instances of Escheat: declines, resigns, dies, or is removed before the
1. If the decedent died testate but his will was not objects of the trust are accomplished
allowed to probate; b. No adequate provision is made in such
2. He has no known heirs and there is no persons instrument in case of vacancy
entitled to his property c. After due notice to all persons interested
The court may appoint a new trustee to act alone or jointly
SEC. 2 – Order of Hearing with the others, as the case may be.
Article 1013 of the Civil Code is substantially to the same
effect. SEC. 4 – Appointment of Trustee Abroad
The trustee appointed abroad shall, on petition filed in the
SEC. 3 – Hearing and Judgment RTC of the province where the land is situated and after
due notice to all persons interested, be ordered to apply
SEC. 4 – When and by whom claim to estate filed to the court for appointment as trustee.
Art. 1014(CC) provides that the 5-year period is to be o Neglect/refusal, court shall declare such trust
reckoned “from the date the property was delivered to the vacant, and subsequently appoint one.
State” and further directs that if the property had been
sold, the municipality or city shall be accountable only “for SEC. 5 – Trustee’s Bond
such part of the proceeds as may not have been lawfully A trustee who neglects to file the bond shall be considered
spent.” to have declined or resigned the trust.

SEC. 5 – Other actions for Escheat Exemption from payment

Actions for Reversion are proper in illegal sales of land to a. The court may until further order, exempt a
disqualified aliens. Unlike a petition for escheat, the action trustee under a will from giving a bond when the
for reversion shall be filed in the province where the land testator has directed or requested such
lies in whole or in party. exemption; and
b. May also exempt any trustee when all persons
beneficially interested in the trust, being of full
RULE 98 – TRUSTEES age, request the exemption.
SEC. 1 – Where trustee appointed Note: the court at any time may cancel the exemption and
This section only applies to express trusts and do not apply require trustee to file a bond.
to implied trusts which arise by operation of law.
o Express trust necessarily involves three parties, Executor v. Trustee
the trustor, the trustee and the beneficiary An executor will not be exempted from posting a bond
(cestui que trust). even if such exemption is provided in the will (Sec. 2, Rule
81), but a trustee appointed I the will may be exempted
from such bond when so directed in the will under this
Where appointed: Rule.
a. Pursuant to a will (will allowed) – appointed by
the RTC in which the will was allowed; SEC. 6 – Conditions included in Bond
b. Will is disallowed – RTC of the province in which
the property, or some portion thereof, affected (a) That the trustee will make and return to the court, at
by the trust is situated. such time as it may order, a true inventory of all the
real and personal estate belonging to him as trustee,
which at the time of the making of such inventory shall
SEC. 2 – Appointment and powers of trustee
have come to his possession or knowledge;
If an appointment of trustee is necessary to carry into
o Not required trustee succeeds a prior trustee and an
effect the provisions of the will, the proper RTC may, after inventory has already been filed.
notice to all persons interested, appoint a trustee who (b) That he will manage and dispose of all such estate, and
shall have the same rights, powers, and duties, and in faithfully discharge his trust in relation thereto,
whom the estate shall vest, as if he had been appointed by according to l aw and the will of the testator or the
the testator. provisions of the instrument or order under which he is
appointed;
 (c) That he will render upon oath at least once a year until 2. His whereabouts being unknown; and
his trust is fulfilled, unless he is excused therefrom in 3. Without having left an agent to administer his
any year by the court, a true account of the property in property, or the power conferred upon the
his hands and of the management and disposition
agent has expired.
thereof, and will render such other accounts as the
court may order;
(d) That at the expiration of his trust he will settle his SEC. 2 – Declaration of Absence; who may petition
accounts in court and pay over and deliver all the 1. Spouse present
estate remaining in his hands, or due from him on such 2. Heirs instituted in a will, who may present an
settlement, to the person or persons entitled thereto. authentic copy of the same
3. The relatives who would succeed by the law of
Trustee Guardian Executor/Administrator intestacy; and
Accounts of The annual Not required under 4. Those who have over the property of the
trustees must be requirement of oath, except for the absentee some right subordinated to the
under oath and filing is also initial and final condition of his death
shall be filed required although submission of their
annually the same need accounts, they shall be
not be under filed only at such times Conditions
oath. as may be required by - After the lapse of 2 years from his disappearance
the court. and without news about the absence; or
- 5 years in case the absentee has left a person in
charge of the administration of his property
SEC. 7 – Appraisal/Compensation of trustee
The compensation of the trustee shall be fixed by the SEC. 3 – Contents of Petition
court, if it be not determined in the instrument creating a. Jurisdictional facts;
the trust. b. Named, ages, and residence of the heirs
instituted in the will, copy of which shall be
SEC. 8 – Removal or Resignation of Trustee presented, and of the relatives who would
The trustee may be removed by: succeed by the law of intestacy;
1. Petition of the parties beneficially interested and c. Names and residences of creditors and others
after due notice to the trustee and hearing, if who may have any adverse interest over the
such removal appears essential in the interests property of the absentee;
of the petitioners; d. The probable value, location and character of
2. Incapacity or otherwise incapable of discharging the property belonging to the absentee.
his trust or evidently unsuitable therefor (after
due notice to all persons interested). SEC. 4 – Time of Hearing, Notice, and Publication
3. Resignation if it appears to the court proper to Hearing – the court shall fix a date and place for the
allow such. hearing thereof where all concerned may appear to
contest the petition.
SEC. 9 – Proceedings for Sale/Encumbrance of Trust estate
Upon petition and after due notice and when the sale or Notice – served upon the known heirs, legatees, devises,
encumbrance of any real or personal estate held in trust is creditors and other interested persons, at least 10 days
necessary or expedient, the court having jurisdiction of the before the day of the hearing, and shall be published once
trust may, on petition and after due notice and hearing, a week for three consecutive weeks prior to the time
order such sale or encumbrance. The proceeds thereof designated for the hearing, in a newspaper of general
shall be applied in such manner as will best effect the circulation in the province or city where the absentee
objects of the trust. resides, as the court shall deem best.

Note: SEC. 5 – Opposition

It is the duty of a trustee to deliver the trust property to Anyone appearing to contest the petition shall state in
the cestui que trust free from liens and encumbrances. writing his grounds therefor, and serve a copy thereof on
the petitioner and other interested parties on or before
the date of hearing.
RULE 107 - ABSENTEES
SEC. 1 – Appointment of Representative SEC. 6 – Proof at hearing; order
An interested party, relative or friend may petition the RTC In case of declaration of absence, the same shall not take
of the place where the absentee resided before his effect until 6 months after its publication in a newspaper
disappearance, for the appointment of representative, of general circulation designated by the court and in the
where: Official Gazette.
1. A person disappears from his domicile
SEC. 7 – Who may be appointed the case of a non-resident ward, guardianship may be with
Order of Preference: respect only to his property.
1. The spouse present when there is no legal - There is no prohibition against appointment of
separation. different judicial guardians, one for the person
2. If the absentee left no spouse, or if the spouse and one for the property of the ward.
present is a minor or otherwise incompetent, - Under BP129, inferior courts no longer have
any competent person may be appointed by the concurrent jurisdiction to appoint judicial
court. guardian. However, where the minor or
incompetent is a party to an action in an inferior
SEC. 8 – Termination of Administration court, he may be assisted through his legal
Trusteeship or Administration shall cease upon order of guardian or ad litem.
the court in any of the following cases:
(a) When the absentee appears personally or by Controversy on the right or title to properties
means of an agent; It should be threshed out in a separate ordinary action as
(b) When the death of the absentee is proved and the dispute is beyond the jurisdiction of the guardianship
his testate or intestate heirs appear; court.
(c) When a third person appears, showing by a Except: where the right or title of the ward to the property
proper document that he has acquired the is clear and indisputable, the guardianship court may issue
absentee's property by purchase or other title. an order directing its delivery or return

A petition under this rule is proper only where the SEC. 2 – Meaning of ‘INCOMPETENT’
absentee has PROPRERTIES to be taken care of or It includes persons:
administered by a representative to be appointed by the a. Suffering the penalty of civil interdiction
court, otherwise such petition should be dismissed. b. Hospitalized lepers
c. Prodigals
RULE 92 to 97 – GUARDIANSHIP d. Deaf and dumb who are unable to read and
Rule 92 – Venue write
SEC. 1 – Where to Institute e. Those who are of unsound mind, even though
In the RTC of the province or MTC of the municipality or they have lucid intervals
city where the minor or incompetent person resides, and if f. Persons not being of unsound mind, but by
he resides in a foreign country, in the RTC of the province reason of age, disease, weak mind, and other
wherein his property or part thereof is situated. similar causes
- The value of the property determines whether it Qualification: Cannot without outside aid, take care of
be filed before the RTC or MTC. themselves and manage their property, becoming thereby
an easy prey for deceit and exploitation.
3 Kinds of Guardians
1. Legal Guardian – who is such by provision of law SEC. 3 – Transfer of Venue
without the need of judicial appointment, as in
the case of the parents over the persons of their
minor children or the father, or in his absence, RULE 93 – APPOINTMENT OF GUARDIANS
the mother with respect to property of the SEC. 1 – Who may petition for appointment of guardian
minor not exceeding 2K (amended by FamCode for resident
Art. 225); Any relative, friend, or other person on behalf of a
2. Guardian ad litem – any compentent person resident minor or incompetent who has no parent or
appointed by the court for purposes of a lawful guardian, or the minor himself if 14 years of age or
particular action or proceeding involving a over, may petition the court having jurisdiction.
minor;
3. Judicial Guardian – a competent person Minor
appointed by the court over the person and/or A petition may be filed by the DSWD (PD 603) and in the
property of the ward to represent the latter in all case of an insane minor who needs to be hospitalized, by
his civil acts, and transactions, and is the one the Secretary of Health (AM 03-02-05-SC).
contemplated in this RULE.
SEC. 2 – Contents of Petition
Subject of Judicial Guardianship (a) The jurisdictional facts;
It may be with respect only to the person of the ward, or (b) The minority or incompetency rendering the
his property, or of both. Where the ward has no property, appointment necessary or convenient;
guardianship may be only with respect to his person; in
 (c) The names, ages, and residences of the relatives where the property or any part thereof is situated.
of the minor or incompetent, and of the persons
having him in their care; The petition shall be docketed as a summary special proceeding in
which all incidents and issues regarding the performance of the
(d) The probable value and character of his estate;
obligations referred to in the second paragraph of this Article shall
(e) The name of the person for whom letters of
be heard and resolved. All such incidents and issues shall be
guardianship are prayed. decided in an expeditious and inexpensive manner without regard
Note: (Jurisdictional Requirement) to technical rules.
Notice of the petition for appointment of a general
guardian must now be given to all relatives of the ward, The ordinary rules on guardianship shall be merely suppletory
instead of only the next of kin as required under the old except when the child is under substitute parental authority, or
Rules. the guardian is a stranger, or a parent has remarried, in which
case the ordinary rules on guardianship shall apply."
SEC. 6 – Appointment of Guardian for Non-resident
Any relative or friend of such person, or anyone interested SEC. 8 – Service of Judgment
in his estate, in expectancy or otherwise, may petition a Final orders or judgment shall be served upon the civil
court having jurisdiction. registrar of the municipality or city where the
- This covers appointment of residents to be minor/incompetent resides, or where property is situated.
guardians of non-residents. The courts should
not appoint as a guardian any person who is not
personally subject to their jurisdiction such as RULE 94 – BONDS of GUARDIANS
non-residents of the PHL. *see codal provisions. Fairly self-explanatory
- The court has no jurisdiction to appoint a
guardian over the person of a non-resident
minor, but there can be guardianship over the RULE 95 – SELLING AND ENCUMBERING PROPERTY OF
property. WARD
SEC. 1-5
SEC. 3 – Hearing and Notice For the sale/encumbrance of property of the ward, a
The court shall cause reasonable notice thereof to be verified petition thereof is required but no such
given to the persons mentioned in the petition residing in verification is required for that purpose with respect to the
the province, including the minor if above 14 or estate of a decedent and a mere motion therein will
incompetent himself. suffice.
- Service to 14yo and incompetent is jurisdictional.
Notice to Next of Kin
SEC. 4-5 – Opposition/Order for letters It is jurisdiction. The next of kin referred to does not mean
No person should be appointed as guardian if his interests next of kindred but the relatives whose relationships are
conflict with those of the ward or if he is a nonresident of such as to entitle them to shares in the estate as
the PHL. distributes.

Duration of Appointment Order empowering Sale of Property

It is good until set aside and, despite an appeal therefrom, Unlike the power granted to executors, this order shall not
the guardian can do whatever is necessary, under the be effective for more than 1 year after it has been granted.
direction of the court, for the protection of the ward or his In the case of mortgages and other encumbrances, the
property. one-year period does not apply.

SEC. 7 – Parents as Guardians Leasing out of Properties

This rule has been amended by the family code. Thus, A guardian may lease property of the ward, but if the lease
"Art. 225. The father or, in his absence or incapacity, the mother, is to be recorded there must be proper authority by the
shall be the legal guardian of the property of the unemancipated court. It is believed that the same rule apples if the term of
child without the necessity of a court appointment. the lease is more than one year as the same is an act of
dominion.
Where the value of the property or the annual income of the child
exceeds P50,000, the parent concerned shall be required to Remedy
furnish a bond in such amount as the court may determine but Appeal, not certiorari or mandamus, is the proper remedy
not less than ten per centum (10%) of the value of the property or
annual income, to guarantee the performance of the obligations
against an order of the court a quo authorizing the sale of
prescribed for general guardians. a ward’s property.

A verified petition for approval of the bond shall be filed in the

proper court of the place where the child resides, or, if the child
resides in a foreign country, in the proper court of the place
RUE 103 – CHANGE OF NAME All aliases of the applicant must be set forth in the title of
SEC. 1 – Venue the petition otherwise, although the petition has been
It shall be filed before the RTC of the province which he duly published, such defect would be fatal even if said
resides. other aliases are contained in the body of the petition.
- An alien can petition for a change of name but
he must be DOMICILED in the PHL. SEC. 4-6 – Hearing/Judgment/Service
Joint Petition
The procedure in Rule 103 (change of name) and in Rule A change of name granted by the court affects only the
108 concerning the cancellation or correction of entries in petitioner. A separate petition for change of name must be
the civil registry are separate and distinct. They cannot filed for his wife and children. A joint petition would have
serve as substitutes for the other for expediency. If both been permissible and should have been the appropriate
reliefs are to be sought in the same proceeding, all the remedy.
requirements of Rules 103 and 108 must be complied
with. Under Article 365 of the Civil Code, an adopted child shall
bear the surname of the adopter, the change of the
Application surname of the adopted child is more an incident rather
This special proceeding is resorted to for substantial than the object of adoption which is the welfare of the
changes and not merely clerical errors. child.
- Where the first name appearing in the civil - If a legitimate child may, under exceptional
register is ‘baby’, a petition for the change circumstances petition for a change of name,
thereof to the correct name is the proper there is no reason why an adopted child cannot
remedy. avail of the same remedy.
- A decree of adoption grants the adoptee the
SEC. 2 – Contents of Petition right to use the adopter’s surname but not to
1. That the petitioner has been a bona fide resident change the former’s first name which relief must
of the province where the petition is filed for at be sought in a discrete petition under this Rule.
least 3 years prior to the date of such filing;
2. The cause for which the change of the New Rule
petitioner’s name is sought; The new rule laid down by Sees. 7(6) and 10 of A.M. No. 02-6-02-
3. The name asked for. SC approved on July 31, 2002 (Appendix DD), which provides:
"SEC. 7. Contents of the Petition. - x x x
(6) If the petition prays for a change of name, it shall also state the
Grounds for Change of Name
cause or reason for the change of name.
a. When the name is ridiculous, dishonorable or In all petitions, it shall be alleged:
extremely difficult to write or pronounce; (a) The first name, surname or surnames, age and residence
b. When the change results as a legal consequence, of the adoptee as shown by his record of birth, baptismal
as in legitimation; or foundling certificate and school records.
c. When the change will avoid confusion; (b) That the adoptee is not disqualified by law to be adopted.
d. Having continuously used and been known since (c) The probable value and character of the estate of the
childhood by a Filipino name, unaware of her adoptee.
(d) The first name, surname or surnames by which the
alien parentage; and
adoptee is to be known and registered in the Civil
e. Sincere desire to adopt Filipino name to erase Registry.
signs of former alienage, all in good faith and A certification on non-forum shopping shall be included
without prejudicing anybody. pursuant to Section 5, Rule 7 of the 1997

SEC. 3 – Order of Hearing Rules of Civil Procedure.

The copy of the order shall be published for 3 successive XXX
weeks in some newspaper of general circulation published SEC. 10. Change of name. - In case the petition also prays for
change of name, the title or caption must contain:
in the province, as the court shall deem best.
(a) The registered name of the child;
- A petition for change of a name is a proceeding (b) Aliases or other names by which the child has been
in rem and the publication of the order is a known; and
JURISDICTIONAL requisite. (c) The full name by which the child is to be known."

Limitation:
The date set for the hearing shall not be within 30 days
prior to an election nor within 4 months after the last
publication of the notice.
RULE 108 – CANCELLATION OR CORRECTION OF ENTRIES SEC. 7 – Order
IN THE CIVIL REGISTRY
SEC. 1-2 – Entries/Subject
Rule 108 is the procedure for effecting the correction of
such innocuous errors and is limited only to the
implementation of said Art. 412, otherwise, it would
modify or increase substantive rights and would thereby
be unconstitutional.

Upon good and valid grounds, the following entries in the

civil register may be cancelled or corrected:
a. Births – refers only to such particulars as are
attendant to birth, not details of nationality or
citizenship.
b. Marriages
c. Deaths
d. Legal separations
e. Judgments of annulments of marriage
f. Judgments declaring marriages void from
beginning
g. Legitimations
h. Adoptions
i. Acknowledgments of natural children
j. Naturalization
k. Election, loss or recovery of citizenship
l. Civil interdiction
m. Judicial determination of filiation
n. Voluntary emancipation of a minor
o. Change of name

Publication may be dispensed with where no other parties

are affected and this is an adversary, not a summary
proceeding.

Summary and Adversarial

The proceedings under Rule 108 may in effect be either
summary or adversary in nature. If the correction sought
to be made in the civil register is clerical, the procedure to
be adopted is summary. If the rectification affects the civil
status, citizenship or nationality of a party, it is deemed
substantial and the procedure to be adopted is adversarial.

SEC. 3 – Parties
The civil registrar and all persons who have or claim any
interest which would be affected thereby shall be made
parties to the proceeding.

SEC. 4 – Notice and Publication

The court shall also cause the order to be published once a
week for 3 consecutive weeks in a newspaper of general
circulation in the province.

SEC. 5 – Opposition
Civil registrar or any interested person, within 15 days
from notice of petition, or from the last date publication of
such notice, file his opposition thereto.

SEC. 6 – Expediting Proceedings