BONDS OF EXECUTORS AND ADMINISTRATOR
SECTIONS 6-7
SECTIONS 6-7
SECTIONS 6-7
SECTIONS 6-7
SECTIONS 6-7
SECTIONS 6-7
LSPU College of Law
RULE 96
GENERAL POWERS AND DUTIES OF GUARDIANS
SECTIONS 1-4
SECTION 1. To what guardianship shall extend.
A guardian appointed shall have the care and custody of the person of his ward, and the management of his estate, or the management of the estate only, as the case may be.
The guardian of the estate of a non-resident shall have the management of all the estate of the ward within the Philippines, and no court other than that in which such guardian was appointed shall have jurisdiction over the guardianship.
Extent of Guardianship -A guarding may be appointed to care for the person or for the property of the minor a separate guardian may be appointed because a person may be competent to discharge certain duties and incompetent to discharge others.
SECTION 2. Guardian to pay debts of ward.
Every guardian must pay the ward's just debts out of his personal estate and the income of his real estate, if sufficient; if not, then out of his real estate upon obtaining an order for the sale or encumbrance thereof.
SECTION 3. Guardian to settle accounts, collect debts, and appear in actions for ward.
A guardian must settle all accounts of his ward, and demand, sue for, and receive all debts due him, or may, with the approval of the court, compound for the same and give discharges to the debtor, on receiving a fair and just dividend of the estate and effects;
and he shall appear for and represent his ward in all actions and special proceedings, unless another person be appointed for that purpose. Prohibition on taking wards property without court approval
Comment: it is the right and duty of the guardian of the estate to receive or collect all assets of ward - it is ministerial act
Comment: Failure of the guardian to collect will make him liable for the amount of the assets lost thereby.
SECTION 4. Estate to be managed frugally, and proceeds applied to maintenance of ward.
A guardian must manage the estate of his ward frugally and without the waste, and apply the income and profits thereof, so far as may be necessary, to the comfortable and suitable maintenance of the ward and his family, if there be any; and if such income and profits be insufficient for that purpose, the guardian may sell or encumber the real estate, upon being authorized by order so to do, and apply to such of the proceeds as may be necessary to such maintenance.
SECTIONS 5-8
SECTION 5. Guardian may be authorized to join in partition proceedings after hearing.
The court may authorized the guardian to join in an assent to a partition of real or personal estate held by the ward jointly or in common with others, but such authority shall only be granted after hearing, upon such notice to relatives of the ward as the court may direct, and a careful investigation as to the necessity and propriety of the proposed action.
EXPLANATION:
Under this provision, the guardian may be allowed by the court to institute action for the partition of real or personal property of which the ward may hold in common or jointly with others, provided that:
a. Such permission or authorization by the court be granted only after hearing the petition for the grant of such authority;
b. The relatives of the ward be duly notified of such petition for partition; and
c. Such authorization be granted only after a careful investigation as to the necessity and propriety of the proposed action.
SECTION 6. Proceedings when the person suspected of embezzling or concealing property of ward.
Upon complaint of the guardian or ward, or of any person having actual or prospective interest in the estate of the ward as creditor, heir, or otherwise, that anyone is suspected of having embezzled, concealed, or conveyed away any money, goods, or interest, or a written instrument, belonging to the ward or his estate, the court may cite the suspected person to appear for examination touching such money, goods, interest, or instrument, and make such orders as will secure the estate against such embezzlement, concealment or conveyance.
EXPLANATION:
The purpose of this provision is to secure evidence from persons suspected of embezzling, concealing or conveying away any property of the ward or the deceased so as to enable said guardian or administrator to institute the appropriate action to obtain the possession of and secure title to said property, all for the protection of the interests of the wards and the estate of the deceased.
SECTION 7. Inventories and accounts of guardians, and appraisement of estates.
A guardian must render to the court an inventory of the estate of his ward within three (3) months after his appointment, and annually after such appointment an inventory and account, the rendition of any of which may be compelled upon the application of an interested person. Such inventories and accounts shall be sworn to by the guardian. All the estate of the ward described in the first inventory shall be appraised. In the appraisement the court may request the assistance of one or more of the inheritance tax appraisers. And whenever any property of the ward not included in an inventory already rendered is discovered, or suceeded to, or acquired by the ward, like proceedings shall be had for securing an inventory and appraisement thereof within three (3) months after such discovery, succession, or acquisition.
EXPLANATION:
The guardian is required under the rules to render verified inventory of the ward’s estate within three months after his appointment and annually thereafter upon application of interested persons. This inventory will constitute the basis of subsequent accountings and settlement.
In the event that the guardian fails to include in the inventory a property which belongs to the ward, any interested person may file a petition before the court compelling the guardian to include such additional property into inventory.
SECTION 8. When guardian's accounts presented for settlement. Expenses and compensation allowed.
Upon the expiration of a year from the time of his appointment, and as often thereafter 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 the amount of his reasonable expenses incurred in the execution of his trust and also such compensation for his services as the court deems just, not exceeding fifteen per centum of the net income of the ward.
EXPLANATION:
The guardian, as a trustee of the ward’s property, is required to render an account thereof so long as the property remains in his possession unaccounted for, and he is not entitled to a credit for expenditures until he has filed an account showing its terms. The safety of the guardian, the requirements of business prudence, and the welfare of the ward and his estate demand that this be done. So on termination of the trust, it is the duty of the guardian to exhibit a final account of his guardianship to the court. Also, a guardian is entitled to compensation for his services but to entitle him to compensation for the same, they must be such as he has authority to render.