Superseded in part. This rule no longer governs guardianship of minors. A.M. No. 03-02-05-SC, the Rule on Guardianship of Minors (effective May 1, 2003), amends Rules 92 to 97 of the Rules of Court in that respect; its Section 27 provides that guardianship of incompetents who are not minors shall continue to be governed by the Rules of Court. Read the text below as the rule for guardianship of incompetents; where the ward is a minor, the 2003 Rule governs.
Text of the provision
Sec. 2. Order to show cause thereupon. — If it seems probable that such sale or encumbrance is necessary, or would be beneficial to the ward, the court shall make an order directing the next of kin of the ward, and all persons interested in the estate, to appear at a reasonable time and place therein specified to show cause why the prayer of the petition should not be granted.
Rules of Court, Rule 95, 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 95 (Selling And Encumbering Property Of Ward) 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 — Petition of guardian for leave to sell or encumber estate.
- Section 3 — Hearing on return of order; Costs.
Cases citing this section
- Authorities on this section will be added here as each is verified against primary sources.