Short answer. Article 1058 does not set separate rules for executors or estate administrators — it hands the entire subject over to the Rules of Court. Their appointment, their powers, their duties, and the administration of a deceased person's estate generally are all governed by that procedural law rather than by the Civil Code itself.
What the law says
All matters relating to the appointment, powers and duties of executors and administrators and concerning the administration of estates of deceased persons
Civil Code, Article 1058 — Governed by the Rules of Court. Read the full provision →
What the law says
shall be governed by the Rules of Court
Civil Code, Article 1058 — Governed by the Rules of Court. Read the full provision →
What Article 1058 covers
The article names three subjects together: the appointment of executors and administrators, their powers and duties, and the administration of a deceased person's estate. All three, the Civil Code says, are governed by the Rules of Court rather than spelled out in the Code itself.
An executor is the person named in a will to carry it out; an administrator is appointed by the court to do the equivalent job when there is no will, or no executor able or willing to serve.
Why the Civil Code defers to the Rules of Court
Succession law in the Civil Code defines who inherits and how much, but it leaves the mechanics of settling an estate — filing a petition, posting a bond, giving notice to creditors, rendering an accounting — to the procedural rules designed for that purpose. Article 1058 is the express hinge between the two bodies of law.
That division of labor matters practically too: disputes over who should be appointed, or over an executor's conduct, are resolved through the procedural framework the Rules of Court set up, using standards of qualification and grounds for removal that the Civil Code does not itself define.
What this means in practice
Anyone named as an executor in a will, or considering asking a court to be appointed administrator, is stepping into a role whose obligations are defined by procedural law, not by reading the Civil Code's succession articles alone. Missing a requirement under the Rules of Court — such as posting the required bond or filing an inventory on time — can expose an executor or administrator to removal or personal liability.
The same rule applies to co-executors or successor administrators — the process for their appointment, bonding and reporting duties is likewise found in the Rules of Court, not in Book III of the Civil Code.
Why this matters for families settling an estate
Families dealing with a loved one's estate often focus on who inherits and how much, but the person actually running the estate — collecting assets, paying debts, and distributing what remains — operates under a separate, more technical set of rules. Getting professional guidance on those procedural requirements early can prevent delays and disputes among heirs.
Because procedural missteps rather than disputes over the will itself are a common source of delay in estate settlement, understanding that Article 1058 routes these questions to the Rules of Court — and consulting counsel about what that procedure actually requires — can save an estate significant time and expense.
Cases citing this provision
These Supreme Court decisions cite the provision above. We list them so you can read them yourself; the summaries of what each decided are not ours to give.
- Ramon Jacinto vs. Atty. Benedict Litonjua and Atty. Jose Ma. Rosendo A. Solis, G.R. No. 207675, January 20, 2021 — read the decision on LawPhil →
- Epifanio San Juan, Jr. vs. Judge Ramon A. Cruz et al, G.R. No. 167321, July 31, 2006 — read the decision on LawPhil →
Related provisions
- Civil Code, Article 1058 — Governed by the Rules of Court
- Civil Code, Article 1057 — Thirty Days to Signify
- Civil Code, Article 1059 — When the Estate Cannot Pay Its Debts