Text of the provision
Sec. 5. Mortgage due estate may be foreclosed. — A mortgage belonging to the estate of a deceased person, as mortgagee or assignee of the right of a mortgagee, may be foreclosed by the executor or administrator.
Rules of Court, Rule 87, 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 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 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.
Note. The text above is reproduced in full from the Rules of Court (Special Proceedings), 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. The framing around it is general legal information, not legal advice. How a rule applies to a particular case depends on facts that only a lawyer reviewing your matter can assess.