Text of the provision
Sec. 2. Not to profit by increase or lose by decrease in value. — No executor or administrator shall profit by the increase, or suffer loss by the decrease or destruction, without his fault, of any part of the estate. He must account for the excess when he sells any part of the estate for more than the appraisement, and if any is sold for less than the appraisement, he is not responsible for the loss, if the sale has been justly made. If he settles any claim against the estate for less than its nominal value, he is entitled to charge in his account only the amount he actually paid on the settlement.
Rules of Court, Rule 85, Section 2. 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 2 of Rule 85 (Accountability And Compensation Of Executors And Administrators) 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 1 — Executor or administrator chargeable with all estate and income.
- Section 3 — When not accountable for debts due estate.
Cases citing this section
- Authorities on this section will be added here as each is verified against primary sources.