RULE 91 – ESCHEATS
SEC. 1 – When and by whom petition filed
Petitions for escheat may only be filed in the name of the
Republic of the Philippines by:
1. Solgen; or
2. His representative, such as the provincial or city
prosecutor
Other Instances of Escheat:
1. If the decedent died testate but his will was not
allowed to probate;
2. He has no known heirs and there is no persons
entitled to his property
SEC. 2 – Order of Hearing
Article 1013 of the Civil Code is substantially to the same
effect.
SEC. 3 – Hearing and Judgment
SEC. 4 – When and by whom claim to estate filed
Art. 1014(CC) provides that the 5-year period is to be
reckoned “from the date the property was delivered to the
State” and further directs that if the property had been
sold, the municipality or city shall be accountable only “for
such part of the proceeds as may not have been lawfully
spent.”
SEC. 5 – Other actions for Escheat
Actions for Reversion are proper in illegal sales of land to
disqualified aliens. Unlike a petition for escheat, the action
for reversion shall be filed in the province where the land
lies in whole or in party.
RULE 98 – TRUSTEES
SEC. 1 – Where trustee appointed
This section only applies to express trusts and do not apply
to implied trusts which arise by operation of law.
o Express trust necessarily involves three parties,
the trustor, the trustee and the beneficiary
(cestui que trust).
Where appointed:
a. Pursuant to a will (will allowed) – appointed by
the RTC in which the will was allowed;
b. Will is disallowed – RTC of the province in which
the property, or some portion thereof, affected
by the trust is situated.
SEC. 2 – Appointment and powers of trustee
If an appointment of trustee is necessary to carry into
effect the provisions of the will, the proper RTC may, 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 by
the testator.
Note:
In case of death of trustee, the executor or administrator
of a former trustee shall not be required to accept such
trust.
SEC. 3 – Appointment of New Trustee
a. When a trustee (under a written instrument),
declines, resigns, dies, or is removed before the
objects of the trust are accomplished
b. No adequate provision is made in such
instrument in case of vacancy
c. After due notice to all persons interested
The court may appoint a new trustee to act alone or jointly
with the others, as the case may be.
SEC. 4 – Appointment of Trustee Abroad
The trustee appointed abroad shall, on petition filed in the
RTC of the province where the land is situated and after
due notice to all persons interested, be ordered to apply
to the court for appointment as trustee.
o Neglect/refusal, court shall declare such trust
vacant, and subsequently appoint one.
SEC. 5 – Trustee’s Bond
A trustee who neglects to file the bond shall be considered
to have declined or resigned the trust.
Exemption from payment
a. The court may until further order, exempt a
trustee under a will from giving a bond when the
testator has directed or requested such
exemption; and
b. May also exempt any trustee when all persons
beneficially interested in the trust, being of full
age, request the exemption.
Note: the court at any time may cancel the exemption and
require trustee to file a bond.
Executor v. Trustee
An executor will not be exempted from posting a bond
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
Rule.
SEC. 6 – Conditions included in Bond
(a) That the trustee will make and return to the court, at
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
have come to his possession or knowledge;
o Not required trustee succeeds a prior trustee and an
inventory has already been filed.
(b) That he will manage and dispose of all such estate, and
faithfully discharge his trust in relation thereto,
according to l aw and the will of the testator or the
provisions of the instrument or order under which he is
appointed;
 (c) That he will render upon oath at least once a year until
his trust is fulfilled, unless he is excused therefrom in
any year by the court, a true account of the property in
his hands and of the management and disposition
thereof, and will render such other accounts as the
court may order;
(d) That at the expiration of his trust he will settle his
accounts in court and pay over and deliver all the
estate remaining in his hands, or due from him on such
settlement, to the person or persons entitled thereto.
Trustee Guardian Executor/Administrator
Accounts of The annual Not required under
trustees must be requirement of oath, except for the
under oath and filing is also initial and final
shall be filed required although submission of their
annually the same need accounts, they shall be
not be under filed only at such times
oath. as may be required by
the court.
SEC. 7 – Appraisal/Compensation of trustee
The compensation of the trustee shall be fixed by the
court, if it be not determined in the instrument creating
the trust.
SEC. 8 – Removal or Resignation of Trustee
The trustee may be removed by:
1. Petition of the parties beneficially interested and
after due notice to the trustee and hearing, if
such removal appears essential in the interests
of the petitioners;
2. Incapacity or otherwise incapable of discharging
his trust or evidently unsuitable therefor (after
due notice to all persons interested).
3. Resignation if it appears to the court proper to
allow such.
SEC. 9 – Proceedings for Sale/Encumbrance of Trust estate
Upon petition and after due notice and when the sale or
encumbrance of any real or personal estate held in trust is
necessary or expedient, the court having jurisdiction of the
trust may, on petition and after due notice and hearing,
order such sale or encumbrance. The proceeds thereof
shall be applied in such manner as will best effect the
objects of the trust.
Note:
It is the duty of a trustee to deliver the trust property to
the cestui que trust free from liens and encumbrances.
RULE 107 - ABSENTEES
SEC. 1 – Appointment of Representative
An interested party, relative or friend may petition the RTC
of the place where the absentee resided before his
disappearance, for the appointment of representative,
where:
1. A person disappears from his domicile
2. His whereabouts being unknown; and
3. Without having left an agent to administer his
property, or the power conferred upon the
agent has expired.
SEC. 2 – Declaration of Absence; who may petition
1. Spouse present
2. Heirs instituted in a will, who may present an
authentic copy of the same
3. The relatives who would succeed by the law of
intestacy; and
4. Those who have over the property of the
absentee some right subordinated to the
condition of his death
Conditions
- After the lapse of 2 years from his disappearance
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. 3 – Contents of Petition
a. Jurisdictional facts;
b. Named, ages, and residence of the heirs
instituted in the will, copy of which shall be
presented, and of the relatives who would
succeed by the law of intestacy;
c. Names and residences of creditors and others
who may have any adverse interest over the
property of the absentee;
d. The probable value, location and character of
the property belonging to the absentee.
SEC. 4 – Time of Hearing, Notice, and Publication
Hearing – the court shall fix a date and place for the
hearing thereof where all concerned may appear to
contest the petition.
Notice – served upon the known heirs, legatees, devises,
creditors and other interested persons, at least 10 days
before the day of the hearing, and shall be published once
a week for three consecutive weeks prior to the time
designated for the hearing, in a newspaper of general
circulation in the province or city where the absentee
resides, as the court shall deem best.
SEC. 5 – Opposition
Anyone appearing to contest the petition shall state in
writing his grounds therefor, and serve a copy thereof on
the petitioner and other interested parties on or before
the date of hearing.
SEC. 6 – Proof at hearing; order
In case of declaration of absence, the same shall not take
effect until 6 months after its publication in a newspaper
of general circulation designated by the court and in the
Official Gazette.
SEC. 7 – Who may be appointed
Order of Preference:
1. The spouse present when there is no legal
separation.
2. If the absentee left no spouse, or if the spouse
present is a minor or otherwise incompetent,
any competent person may be appointed by the
court.
SEC. 8 – Termination of Administration
Trusteeship or Administration shall cease upon order of
the court in any of the following cases:
(a) When the absentee appears personally or by
means of an agent;
(b) When the death of the absentee is proved and
his testate or intestate heirs appear;
(c) When a third person appears, showing by a
proper document that he has acquired the
absentee's property by purchase or other title.
A petition under this rule is proper only where the
absentee has PROPRERTIES to be taken care of or
administered by a representative to be appointed by the
court, otherwise such petition should be dismissed.
RULE 92 to 97 – GUARDIANSHIP
Rule 92 – Venue
SEC. 1 – Where to Institute
In the RTC of the province or MTC of the municipality or
city where the minor or incompetent person resides, and if
he resides in a foreign country, in the RTC of the province
wherein his property or part thereof is situated.
- The value of the property determines whether it
be filed before the RTC or MTC.
3 Kinds of Guardians
1. Legal Guardian – who is such by provision of law
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,
the mother with respect to property of the
minor not exceeding 2K (amended by FamCode
Art. 225);
2. Guardian ad litem – any compentent person
appointed by the court for purposes of a
particular action or proceeding involving a
minor;
3. Judicial Guardian – a competent person
appointed by the court over the person and/or
property of the ward to represent the latter in all
his civil acts, and transactions, and is the one
contemplated in this RULE.
Subject of Judicial Guardianship
It may be with respect only to the person of the ward, or
his property, or of both. Where the ward has no property,
guardianship may be only with respect to his person; in
the case of a non-resident ward, guardianship may be with
respect only to his property.
- There is no prohibition against appointment of
different judicial guardians, one for the person
and one for the property of the ward.
- Under BP129, inferior courts no longer have
concurrent jurisdiction to appoint judicial
guardian. However, where the minor or
incompetent is a party to an action in an inferior
court, he may be assisted through his legal
guardian or ad litem.
Controversy on the right or title to properties
It should be threshed out in a separate ordinary action as
the dispute is beyond the jurisdiction of the guardianship
court.
Except: where the right or title of the ward to the property
is clear and indisputable, the guardianship court may issue
an order directing its delivery or return
SEC. 2 – Meaning of ‘INCOMPETENT’
It includes persons:
a. Suffering the penalty of civil interdiction
b. Hospitalized lepers
c. Prodigals
d. Deaf and dumb who are unable to read and
write
e. Those who are of unsound mind, even though
they have lucid intervals
f. Persons not being of unsound mind, but by
reason of age, disease, weak mind, and other
similar causes
Qualification: Cannot without outside aid, take care of
themselves and manage their property, becoming thereby
an easy prey for deceit and exploitation.
SEC. 3 – Transfer of Venue
RULE 93 – APPOINTMENT OF GUARDIANS
SEC. 1 – Who may petition for appointment of guardian
for resident
Any 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 14 years of age or
over, may petition the court having jurisdiction.
Minor
A petition may be filed by the DSWD (PD 603) and in the
case of an insane minor who needs to be hospitalized, by
the Secretary of Health (AM 03-02-05-SC).
SEC. 2 – Contents of Petition
(a) The jurisdictional facts;
(b) The minority or incompetency rendering the
appointment necessary or convenient;
 (c) The names, ages, and residences of the relatives
of the minor or incompetent, and of the persons
having him in their care;
(d) The probable value and character of his estate;
(e) The name of the person for whom letters of
guardianship are prayed.
Note: (Jurisdictional Requirement)
Notice of the petition for appointment of a general
guardian must now be given to all relatives of the ward,
instead of only the next of kin as required under the old
Rules.
SEC. 6 – Appointment of Guardian for Non-resident
Any relative or friend of such person, or anyone interested
in his estate, in expectancy or otherwise, may petition a
court having jurisdiction.
- This covers appointment of residents to be
guardians of non-residents. The courts should
not appoint as a guardian any person who is not
personally subject to their jurisdiction such as
non-residents of the PHL.
- The court has no jurisdiction to appoint a
guardian over the person of a non-resident
minor, but there can be guardianship over the
property.
SEC. 3 – Hearing and Notice
The court shall cause reasonable notice thereof to be
given to the persons mentioned in the petition residing in
the province, including the minor if above 14 or
incompetent himself.
- Service to 14yo and incompetent is jurisdictional.
SEC. 4-5 – Opposition/Order for letters
No person should be appointed as guardian if his interests
conflict with those of the ward or if he is a nonresident of
the PHL.
Duration of Appointment
It is good until set aside and, despite an appeal therefrom,
the guardian can do whatever is necessary, under the
direction of the court, for the protection of the ward or his
property.
SEC. 7 – Parents as Guardians
This rule has been amended by the family code. Thus,
"Art. 225. The father or, in his absence or incapacity, the mother,
shall be the legal guardian of the property of the unemancipated
child without the necessity of a court appointment.
Where the value of the property or the annual income of the child
exceeds P50,000, the parent concerned shall be required to
furnish a bond in such amount as the court may determine but
not less than ten per centum (10%) of the value of the property or
annual income, to guarantee the performance of the obligations
prescribed for general guardians.
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
where the property or any part thereof is situated.
The petition shall be docketed as a summary special proceeding in
which all incidents and issues regarding the performance of the
obligations referred to in the second paragraph of this Article shall
be heard and resolved. All such incidents and issues shall be
decided in an expeditious and inexpensive manner without regard
to technical rules.
The ordinary rules on guardianship shall be merely suppletory
except when the child is under substitute parental authority, or
the guardian is a stranger, or a parent has remarried, in which
case the ordinary rules on guardianship shall apply."
SEC. 8 – Service of Judgment
Final orders or judgment shall be served upon the civil
registrar of the municipality or city where the
minor/incompetent resides, or where property is situated.
RULE 94 – BONDS of GUARDIANS
*see codal provisions. Fairly self-explanatory
RULE 95 – SELLING AND ENCUMBERING PROPERTY OF
WARD
SEC. 1-5
For the sale/encumbrance of property of the ward, a
verified petition thereof is required but no such
verification is required for that purpose with respect to the
estate of a decedent and a mere motion therein will
suffice.
Notice to Next of Kin
It is jurisdiction. The next of kin referred to does not mean
next of kindred but the relatives whose relationships are
such as to entitle them to shares in the estate as
distributes.
Order empowering Sale of Property
Unlike the power granted to executors, this order shall not
be effective for more than 1 year after it has been granted.
In the case of mortgages and other encumbrances, the
one-year period does not apply.
Leasing out of Properties
A guardian may lease property of the ward, but if the lease
is to be recorded there must be proper authority by the
court. It is believed that the same rule apples if the term of
the lease is more than one year as the same is an act of
dominion.
Remedy
Appeal, not certiorari or mandamus, is the proper remedy
against an order of the court a quo authorizing the sale of
a ward’s property.
RUE 103 – CHANGE OF NAME
SEC. 1 – Venue
It shall be filed before the RTC of the province which he
resides.
- An alien can petition for a change of name but
he must be DOMICILED in the PHL.
The procedure in Rule 103 (change of name) and in Rule
108 concerning the cancellation or correction of entries in
the civil registry are separate and distinct. They cannot
serve as substitutes for the other for expediency. If both
reliefs are to be sought in the same proceeding, all the
requirements of Rules 103 and 108 must be complied
with.
Application
This special proceeding is resorted to for substantial
changes and not merely clerical errors.
- Where the first name appearing in the civil
register is ‘baby’, a petition for the change
thereof to the correct name is the proper
remedy.
SEC. 2 – Contents of Petition
1. That the petitioner has been a bona fide resident
of the province where the petition is filed for at
least 3 years prior to the date of such filing;
2. The cause for which the change of the
petitioner’s name is sought;
3. The name asked for.
Grounds for Change of Name
a. When the name is ridiculous, dishonorable or
extremely difficult to write or pronounce;
b. When the change results as a legal consequence,
as in legitimation;
c. When the change will avoid confusion;
d. Having continuously used and been known since
childhood by a Filipino name, unaware of her
alien parentage; and
e. Sincere desire to adopt Filipino name to erase
signs of former alienage, all in good faith and
without prejudicing anybody.
SEC. 3 – Order of Hearing
The copy of the order shall be published for 3 successive
weeks in some newspaper of general circulation published
in the province, as the court shall deem best.
- A petition for change of a name is a proceeding
in rem and the publication of the order is a
JURISDICTIONAL requisite.
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.
All aliases of the applicant must be set forth in the title of
the petition otherwise, although the petition has been
duly published, such defect would be fatal even if said
other aliases are contained in the body of the petition.
SEC. 4-6 – Hearing/Judgment/Service
Joint Petition
A change of name granted by the court affects only the
petitioner. A separate petition for change of name must be
filed for his wife and children. A joint petition would have
been permissible and should have been the appropriate
remedy.
Under Article 365 of the Civil Code, an adopted child shall
bear the surname of the adopter, the change of the
surname of the adopted child is more an incident rather
than the object of adoption which is the welfare of the
child.
- If a legitimate child may, under exceptional
circumstances petition for a change of name,
there is no reason why an adopted child cannot
avail of the same remedy.
- A decree of adoption grants the adoptee the
right to use the adopter’s surname but not to
change the former’s first name which relief must
be sought in a discrete petition under this Rule.
New Rule
The new rule laid down by Sees. 7(6) and 10 of A.M. No. 02-6-02-
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
cause or reason for the change of name.
In all petitions, it shall be alleged:
(a) The first name, surname or surnames, age and residence
of the adoptee as shown by his record of birth, baptismal
or foundling certificate and school records.
(b) That the adoptee is not disqualified by law to be adopted.
(c) The probable value and character of the estate of the
adoptee.
(d) The first name, surname or surnames by which the
adoptee is to be known and registered in the Civil
Registry.
A certification on non-forum shopping shall be included
pursuant to Section 5, Rule 7 of the 1997
Rules of Civil Procedure.
XXX
SEC. 10. Change of name. - In case the petition also prays for
change of name, the title or caption must contain:
(a) The registered name of the child;
(b) Aliases or other names by which the child has been
known; and
(c) The full name by which the child is to be known."
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