Text of the provision
Sec. 8. Removal or resignation of trustee. — The proper Court of First Instance may, upon petition of the parties beneficially interested and after due notice to the trustee and hearing, remove a trustee if such removal appears essential in the interests of the petitioners. The court may also, after due notice to all persons interested, remove a trustee who is insane or otherwise incapable of discharging his trust or evidently unsuitable therefor. A trustee, whether appointed by the court or under a written instrument, may resign his trust if it appears to the court proper to allow such resignation.
Rules of Court, Rule 98, Section 8. 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 8 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 7 — Appraisal; Compensation of trustee.
- Section 9 — Proceedings for sale or encumbrance of trust estate.
Cases citing this section
- Authorities on this section will be added here as each is verified against primary sources.