Text of the provision
Sec. 3. Appointment and powers of new trustee under written instrument. — When a trustee under a written instrument declines, resigns, dies, or is removed before the objects of the trust are accomplished, and no adequate provision is made in such instrument for supplying the vacancy, the proper Court of First Instance may, after due notice to all persons interested, appoint a new trustee to act alone or jointly with the others, as the case may be. Such new trustee shall have and exercise the same powers, rights, and duties as if he had been originally appointed, and the trust estate shall vest in him in like manner as it had vested or would have vested, in the trustee in whose place he is substituted; and the court may order such conveyance to be made by the former trustee or his representatives, or by the other remaining trustees, as may be necessary or proper to vest the trust estate in the new trustee, either alone or jointly with the others.
Rules of Court, Rule 98, 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 98 (Trustees) 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. The text is reproduced as promulgated in 1964, so it names the courts of that era: Batas Pambansa Blg. 129 (1981) reorganized the judiciary and abolished the Court of First Instance and the Juvenile and Domestic Relations Court, whose jurisdiction is now exercised by the Regional Trial Courts.
Related provisions
- Section 2 — Appointment and powers of trustee under will; Executor of former trustee need not administer trust.
Cases citing this section
- Authorities on this section will be added here as each is verified against primary sources.