Text of the provision
Sec. 3. Heir may not sue until share assigned. — When an executor or administrator is appointed and assumes the trust, no action to recover the title or possession of lands or for damages done to such lands shall be maintained against him by an heir or devisee until there is an order of the court assigning such lands to such heir or devisee or until the time allowed for paying debts has expired.
Rules of Court, Rule 87, Section 3. 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 3 of Rule 87 (Actions By And Against 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 2 — Executor or administrator may bring or defend actions which survive.
- Section 4 — Executor or administrator may compound with debtor.
Cases citing this section
- Authorities on this section will be added here as each is verified against primary sources.