Superseded in part.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. Guardian to pay debts of ward. — Every guardian must pay the ward's just debts out of his personal estate and the income of his real estate, if sufficient; if not, then out of his real estate upon obtaining an order for the sale or encumbrance thereof.
Rules of Court, Rule 96, 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 96 (General Powers And Duties Of Guardians) 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 — To what guardianship shall extend.
- Section 3 — Guardian to settle accounts, collect debts, and appear in actions for ward.
Cases citing this section
- Authorities on this section will be added here as each is verified against primary sources.