RULE 90 To 93
RULE 90 To 93
RULE 90 To 93
Partial distribution of the decedents estate pending the final termination of the estate or intestate proceeding should as much
as possible be discouraged by the courts.
o HOWEVER, where the estate has sufficient assets to ensure an equitable distribution of the inheritance in
accordance with law, and it does not appear that there are unpaid obligations, such partial distribution may be
allowed.
Before the court can issue an order of distribution, the debts, funeral charges, expenses of administration, allowance to the
widow and inheritance tax must first have been paid.
While Sec 1, Rule 90 speaks of allowance to widows, this should also include allowance to the children of the deceased.
Under Sec 1, Rule 90, the probate court is specifically granted jurisdiction to determine who are the lawful heirs of the
deceased, as well as their shares.
o Hence there is no further need to institute an independent civil action to pass upon the status of the person who
claims to be an heir.
o BUT if the proceedings have been closed, the same may be opened to pass upon the status of one claiming to be an
heir.
The judicial decree of distribution vests title in the distributees and any objection thereto should be duly raised in a seasonable
appeal, otherwise it will have binding effect like any other judgment in rem.
o Heirs may submit this project of partition to serve as a basis of the order of distribution. The heirs who do not agree
may submit a counter-project of partition. If they cannot agree on their respective participations, they can thereafter
resort to an action for partition. (Rule 69) Judicial decree of distribution
The probate court loses jurisdiction of an estate under administration only after payment of all debts and the delivery of the
remaining estate to the heirs.
o As long as the order of distribution has not been complied with, the probate proceeding cannot be deemed
terminated.
The better practice for the heir who has not received his share is to demand the same through a proper motion in the same
probate / administration proceedings, OR for reopening of said proceedings if already closed, BUT still within the reglementary
period for appeal, and not through an independent action.
Section 1. Unclaimed balances, within the meaning of this Act, shall include credits or deposits of money, bullion, security or
other evidence of indebtedness of any kind, and interest thereon with banks, buildings and loan associations, and trust
corporations, as hereinafter defined, in favor of any person known to be dead or who has not made further deposits or
withdrawals during the preceding ten years or more. Such unclaimed balances, together with the increase and proceeds
thereof, shall be deposited with the Treasurer of the Philippines to the credit of the Government of the Republic of the
Philippines to be used as the National Assembly may direct.
When does escheat happen?
When a person dies intestate with no heir, his properties revert back to the State.
Even if the decedent died testate, but his will was not admitted to probate, it is as if he died intestate, hence the properties can
still be escheated.
Public utilities and other nationalized industries, if it violates the Constitutional prohibition
o What are escheated are the shares of stock owned by foreigners
Bank deposits
Where to file?
If the deceased was a resident of the PH in the RTC of the province where he last resided
If the deceased was NOT a resident of the PH in the RTC where he had estate (where property is located)
Summary of Procedure:
1. Filing of petition for escheat by Sol Gen (or his representative)
2.
3.
Notes*
There is a special rule on the guardianship of minors, hence, minors are excluded from the rules provided underthe ROC.
o Rule on Guardianship of Minors, Sec. 27
Where to file? (Rule 92, Sec 1)
Note that notice to all relatives of the ward is required upon the filing of the petition for appointment of a general guardian.
Appear for and represent the ward in all actions and proceedings
Insanity of guardian
Failure to render an account or make a return within 30 days after such is due
Termination of guardianship
How effected:
1. Resignation
2. Removal
General Rule: When in a guardianship case an issue arises as to who has a better right or title to properties conveyed in the
course of the guardianship proceedings, the controversy should be threshed out in a separate ordinary action as the dispute is
beyond the jurisdiction of the guardianship court.
Exception: 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.
Guardianship v. Administration of Estate
Sale or Encumbrance of property
Power to sell property
Accounting
GUARDIANSHIP
Petition must be waived
Effective for only 1 year
Guardian must render an inventory and
account annually
ADMINISTRATION OF ESTATE
Petition does not need to be verified
Does not lose effectivity
Executor must render an account within
one year and at any time when required by
the court
In the case of a resident Family Court (RTC) where the minor resides
DSWS Secretary
Prescribes specific qualifications for guardians, and a specific order of preference as to who will be appointed guardian
Grounds for petition (Sec. 4)
Remarriage of surviving parent, if the latter is found unsuitable to exercise parental authority
Moral character
Financial status
Availability to exercise the powers and duties of a guardian for the full period of the guardianship
Applicability
Venue
Who can file
Procedure
Grounds for the petition for guardianship
AM 03-02-05-SC
Specific to minors
Family Court (RTC) where the minor
resides / where his property is located
Parent / Any relative / Minor himself / Other
person on behalf of the minor / DSWD
Secretary / Health Secretary (in the case of
an insane minor who needs hospitalization)
DSWD is involved through the submission
of a case study report (Sec. 9)
-Death, continued absence, or incapacity
of parents
-Suspension, deprivation or termination of
parental authority
-Remarriage of surviving parent, if the
latter is found unsuitable to exercise
parental authority
-When the best interests of the minor so
require
Insanity of guardian
Incapability of discharging of his duties
Waste or mismanagement of the wards
estate
Failure to render an account or make a
return within 30 days after such is due
RULES 92-97
Incompetents (Rule 92, Sec 2)
MTC / RTC where the incompetent resides
or where the incompetents property is
located
Relative, friend or other person on behalf
of the incompetent / Officer of the Federal
Admin / Director of Health (in case of an
insane person or an isolated leper)
Purely court proceedings, no intervention
of any other body
Incompetence of the person sought to be
put under guardianship
Insanity of guardian
Incapability of discharging of his duties
Waste or mismanagement of the wards
estate
Failure to render an account or make a
return within 30 days after such is due
RULE 98
Trustees
When does this apply?
The rule comes into play only when the trustee is not named.
o Testator omits to appoint a trustee.
o Such appointment is necessary to carry into effect the provisions of the will.