Text of the provision
Sec. 5. Where some coexecutors disqualified others may act. — When all of the executors named in a will can not act because of incompetency, refusal to accept the trust, or failure to give bond, on the part of one or more of them, letters testamentary may issue to such of them as are competent, accept and give bond, and they may perform the duties and discharge the trust required by the will.
Rules of Court, Rule 78, Section 5. Reproduced verbatim and verified word-for-word against four independently published renderings of the Rules of Court — only text on which at least two independent publishers agree is shown.
About this section
This is Section 5 of Rule 78 (Letters Testamentary And Of Administration, When And To Whom Issued) of the Rules of Court of the Philippines — the Special Proceedings rules (Rules 72–109), in force since January 1, 1964. The text above is reproduced verbatim.
Related provisions
- Section 4 — Letters testamentary issued when will allowed.
- Section 6 — When and to whom letters of administration granted.
Cases citing this section
- Authorities on this section will be added here as each is verified against primary sources.