Rule 91 ESCHEATS

Rule 94
BONDS OF GUARDIANS
Rule 97
TERMINATION OF GUA
RDIANSHIP
RULES 91,94,97
ESCHEATS
RULE 91
 FLOWCHART: ESCHE
AT
1.File Petition
-Where decedent last resided
-Where decedent had estate,if he was
not a resident of the Philippines

Petitioner: Solicitor General or his repr

esentative
 2.COURT ORDER

- Fix a date and place for hearing

*not more than six months after the

entry of order
 3.PUBLICATION

Once a week for six consecutive wee

ks
 4.HEARING

Proof of publication
PETITIONER MUST ESTABLISH:
-Petitioner died intestate
-Seized of real or personal property i
n the Philippines
-Leaving no heir or person entitled to
the same
 5.PAYMENT OF DEBTS AND CHA
RGES
 6.COURT ORDER
Resident Decedent
-Assign personal estate to the munici
pality or city where decedent last resi
ded
-Assign real estate to the cities or mu
nicipalities in which the same is situat
ed
 Non-resident Decedent

-Assign whole estate to the respective

cities or municipalities where the sam
e is located
 VICENTE TAN v. CITY OF DAVAO
Indeed,while a petition instituted for th
e sole purpose of securing a judicial decl
aration that a person is presumptively de
ad cannot be entertained if that were the
only matter involved in the case,the court
s are not barred from declaring an absen
tee presumptively dead as an incident of
an action for the settlement of the intest
ate estate of such absentee.
 7. FILE CLAIMS

Devisee,legatee,heir,widow,widower
or other persons entitled to such est
ate
File a claim within five years from dat
e of judgement
BONDS OF GUARDI
ANS
RULE 94
 Before letters of guardianship issue,a g
uardian appointed shall give a bond in
such sum as the court directs
Conditions:
Within 3 months,an inventory of all the e
state of his ward which shall come to his
possession,or knowledge;
To manage and dispose of the estate for
the best interests of the ward;
To render a just account of all the estate
of the ward in his hands,as well as all pro
ceeds & interest derived therefrom.
 When the court deems it necessary,afte
r due notice to interested persons,it may
require the guardian to give a new bond,
discharging the sureties on the old bond f
rom further liability.
The bond given by the guardian shall be
filed in the office of the clerk of the court,
and in case of breach of a condition there
of,may be prosecuted in the same procee
ding or in a separate action for the use a
nd benefit of the ward or interested pers
ons.
 At the expiration of such trust,he shall
settle his accounts with the court and
deliver and pay over all the estate, effe
cts and moneys remaining in his hand
s,or due from him to the person entitl
ed thereto.
 Guerrero v.Teran
The mere fact that the guardian has be
en removed as such does not relieve her
and her bondsmen from liability to the w
ard during the time that she was duly act
ing as guardian. If during the time of her
guardianship she allowed other persons
to handle the property of her wards and
if any mismanagement or loss occurred t
hereby,the responsibility must fall upon
her.
TERMINATION OF
GUARDIANSHIP
RULE 97
1.Petition to judicially determine present
competency

Who may file:

-the person previously declared incompet
ent,or his guardian,a relative,or a friend
2.Grounds for termination of guardianshi
p

-death of the guardian or the ward

-marriage or voluntary emancipation
-adjudgment of competency
3.Proceeding
The petition shall be verified by oath
Upon receipt of the petition, the court s
hall fix a time for hearing and cause reas
onable notice to be given to guardian of t
he person so declared incompetent and t
o the ward.
Any person may contest the right to the r
elief demanded
Grounds for removal or resignation of
a guardian:
-he becomes insane or otherwise inca
pable of discharging his trust
-he has wasted or mismanaged the est
ate
-he failed to render an account 30 days
after it is due
In re Guardianship of Incompetent
Jose de Inchausti
The evidence shows that at the time th
e petition for his rehabilitation was hear
d,the ward was in normal mental state
and had been in this condition for a per
iod sufficiently long to justify the belief t
hat he is permanently restored.Under t
hese circumstances,it would be highly i
mproper to prolong the guardianship.
Rules 91,94 and 9
7
The End