Text of the provision
Art. 1060. A corporation or association authorized to conduct the business of a trust company in the Philippines may be appointed as an executor, administrator, guardian of an estate, or trustee, in like manner as an individual; but it shall not be appointed guardian of the person of a ward.
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Civil Code of the Philippines, Republic Act No. 386, approved June 18, 1949, effective August 30, 1950. Reproduced in full; verified verbatim against the LawPhil and ChanRobles official-text renderings.
What this article means
A corporation or association authorised to conduct the business of a trust company may be appointed executor, administrator, guardian or trustee, in the same manner as a natural person.
The distinction the article draws — a juridical entity may serve as executor, administrator, or guardian of an estate, but never guardian of the person — reflects a practical limit rather than a technicality. A trust company can manage property, invest funds, and render accounts because those are corporate functions performed through its officers. What it cannot do is provide the personal custody, care, and supervision that guardianship of a ward's person requires, since that role calls for an individual capable of exercising personal judgment over another person's daily life.
Questions about this provision
- Can a bank or trust company be appointed as executor or administrator of an estate?
- Can a trust company be appointed as the guardian of the person of my minor child?
Related provisions
- Article 1059 — When the Estate Cannot Pay Its Debts.
- Article 1061 — Collation Defined.
Cases interpreting this article
- Authorities on this article will be added here as each is verified against primary sources.