Rule 87 of the Rules of Court [SPECIAL PROCEEDINGS]

Описание: RULE 87

ACTIONS BY AND AGAINST EXECUTORS AND ADMINISTRATORS

Section 1. Actions which may and which may not be brought against executor or administrator. - No action upon a claim for the recovery of money or debt or interest thereon shall be commenced against the executor or administrator; but actions to recover real or personal property, or an interest therein, from the estate, or to enforce a lien thereon, and actions to recover damages for an injury to person or property, real or personal, may be commenced against him.

Section 2. Executor or administrator may bring or defend actions which survive. - For the recovery or protection of the property or rights of the deceased, an executor or administrator may bring or defend, in the right of the deceased, actions for causes which survive.

Section 3. Heir may not sue until have share assigned. - When an executor or administrator is appointed and assumes the trust, no action to recover the title or possession of lands or for damages done to such lands shall be maintained against him by an heir or devisee until there is an order of the court assigning such lands to such heir or devisee until the time allowed for paying debts has
expired.

*********************
Support the Lex in Motion Community through the official merch store. Wear the perks and perils of being a law student in the Philippines loud and proud:

https://shopee.ph/lexinmotion


Or you can give directly to the charities we support here:

http://www.lightfam.com/index.php/abo...