Special Proceedings

Special Proceedings MIS Office Normal JOJO 2 11 2002-01-15T03:04:00Z 2002-01-15T03:04:00Z 1 145 829 Supreme Court of the Philippines 6 1 1018 9.2720 110

12. TRUSTEES

1. Basic Concepts

1. Appointment

Upon a proper petition, a trustee may be appointed to carry into effect the provisions of a will or written instrument. 252 The appointment will be made if the testator omitted in his will A nonresident alien may not avail himself of the same right; such as to appoint a trustee in the Philippines, and if the appointment is necessary to proceeding would not be of much benefit to him. 253

2. Venue

The petition may be filed in the RTC (CFI) in which the will is allowed if allowed here; 254 if not, by the RTC (CFI) in the region in which the property or part thereof affected by the trust is situated. 255

3. Notice

No publication is required but the appointment is after notice to all persons interested. 256

4. Bond, inventory and sale of trust estate

Similar to executors and administrators, the trustee also files a bond except when the court exempts him. 257 He also files an inventory. He may sell or encumber trust property with court approval. 258

252 Rules of Court, Rule 98, Sec. 1.253. Ibid, Sec. 2.254. Basas v. Republic, No. L-23595, February 20, 1968, 22 SCRA 652.

253 Ibid., Sec. 2

254 Basas V. Republic, No. L-23595, February 20, 1968, 22 SCRA 652

256 Ibid, Sec. 2.

257 Ibid, Secs. 5 and 6.

258 Ibid, Sec. 9.