Act No. 190 — An Act Providing a Code of Procedure in Civil Actions and Special Proceedings in the Philippine Islands

Act No. 190 · Act · Approved August 7, 1901 · 797 sections

Data as of July 4, 2026 · Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. · Read the official text ↗

This instrument has 797 sections. Only the list of sections is shown here; read the full text on each section page.

Preamble

CHAPTER I

Section 1Interpretation of Words.

Section 2Construction of Code.

Section 3Powers of Deputies.

Section 4How time computed.

Section 5Provisions concerning process.

Section 6Rules of Court.

Section 7Stamped Paper.

Section 8Disqualification of Judges.

Section 9Civil liability of Judges.

Section 10Publicity of proceedings and records.

Section 11Incidental powers of courts.

Section 12Official Language.

CHAPTER II

Section 13Who may practice as lawyers.

Section 14Qualification of applicants.

Section 15Certificates of good character required.

Section 16Place and manner of examinations.

Section 17Admission.

Section 18Oaths.

Section 19Admission from other jurisdictions.

Section 20Lawyers' roll.

Section 21Disbarments.

Section 22Suspension of lawyers.

Section 23Proceedings upon suspension.

Section 24Institution and costs of disbarment proceedings.

Section 25Hearing of charges.

Section 26Authority to appear.

Section 27Authority to bind their clients.

Section 28Unauthorized appearances; contempt.

Section 29Lawyer's fees.

Section 30Retention of client's funds.

Section 31Inviolability of communications of clients.

Section 32Change of lawyers.

Section 33Procuradors or solicitors.

Section 34Employment of lawyers not required.

Section 35Lawyers for destitute litigants.

Section 36Judges as lawyers.

Section 37Lawyer's liens.

CHAPTER III

Section 38To what this chapter does not apply.

Section 39Special limitations excepted.

Section 40Period of prescription as to real estate.

Section 41Title to land by prescription.

Section 42Exceptions in favor of persons under disability.

Section 43Other civil actions; how limited.

Section 44For other relief.

Section 45Rights saved to certain persons.

Section 46When action deemed commenced.

Section 47As to absent persons.

Section 48If barred at place where cause of action arose, barred here.

Section 49Saving in other cases.

Section 50What shall renew right of action.

CHAPTER IV

Section 51Summoning of defendants.

Section 52The Complaint.

Section 53Nonsuit.

Section 54Default.

Section 55Vacating nonsuits and defaults.

Section 56Trial.

Section 57Assessors in justice courts; how Hhosen.

Section 58Rights of parties to have assessors.

Section 59Summoning assessors.

Section 60Compensation of assessors.

Section 61Oath of assessors.

Section 62Duties of assessors.

Section 63Testimony.

Section 64Adjournment.

Section 65Power to punish for contempt of court.

Section 66Judgments.

Section 67Form of judgment.

Section 68Witnesses may be subpoenaed.

Section 69Dockets.

Section 70Entry to identify docket.

Section 71Final disposition of dockets.

Section 72Execution.

Section 73When justice is disqualified.

Section 74Appeals.

Section 75Effect of appeals.

Section 76Appeals, how perfected.

Section 77Copy of record to be transmitted.

Section 78Papers to be delivered to clerk of Court of First Instance.

Section 79Settlement of appeal cases.

Section 80Forcible entry into and detainer of land or buildings.

Section 81The complaint.

Section 82Trial.

Section 83Continuance, and obligation therefor.

Section 84Judgment.

Section 85The execution.

Section 86Service of execution.

Section 87Such judgment not conclusive in another action.

Section 88Appeal.

CHAPTER V

Section 89Pleadings.

Section 90Complaint.

Section 91Demurrer to the complaint.

Section 92Matters not apparent of record.

Section 93Effect of failure to object.

Section 94The answer.

Section 95Defendant having counterclaim.

Section 96Character of counterclaim.

Section 97Effect of omission to set up counterclaim.

Section 98Cross complaint.

Section 99Demurrer to answer.

Section 100Grounds of demurrer to answer.

Section 101Proceedings on demurrer.

Section 102Authentication of pleadings.

Section 103Actions and defenses based upon written instruments.

Section 104Plaintiff's reply to new matter contained in answer.

Section 105Supplemental complaint or answer.

Section 106Pleadings to be liberally construed.

Section 107Sham or irrelevant pleadings.

Section 108Specifications.

Section 109Variance.

Section 110Amendments in general.

Section 111When name of defendant is unknown.

Section 112Proceedings in cases of appeal from justice courts.

Section 113Relief From effect of judgments and orders.

CHAPTER VI

Section 114Parties to actions.

Section 116Married woman as a party.

Section 117Guardian ad litem.

Section 118Numerous parties.

Section 119Death of party.

Section 120Interpleading.

Section 121Intervention.

Section 122Necessary parties.

CHAPTER VII

Section 123Interlocutory and incidental orders.

Section 124Judgment in case of several plaintiffs or defendants.

Section 125Several judgments.

Section 126Kind of relief to be granted.

Section 127Dismissal of actions.

Section 128Default.

Section 129Default on cross complaint.

Section 130Postponement.

Section 131Adjournment.

Section 132Order of trial.

Section 133Findings of facts.

Section 134Agreed statement of facts.

Section 135Reference.

Section 136Commission to referees.

Section 137Oath of referees.

Section 138Trial before referee.

Section 139Report of referee.

Section 140Hearing upon report.

Section 141Exceptions.

Section 142Manner of taking exceptions.

Section 143Perfecting bill of exceptions.

Section 144Stay of execution.

Section 145New trial.

Section 146Method of procedure in applications for new trial.

Section 147Effect of granting a motion for a new trial.

Section 148Relief from judgments of subordinate tribunals, obtained by fraud, accident, or mistake.

Section 149Procedure to vacate such judgment.

Section 150Temporary injunction in such cases.

Section 151Final judgment in such proceedings.

Section 152Attendance of the justice.

CHAPTER VIII

Section 153Preparing list of assessors.

Section 154Rights of parties to have assessors, and manner of selecting them.

Section 155Summoning assessors.

Section 156Failure of assessors to attend.

Section 157Excusing assessors.

Section 158Compensation of assessors.

Section 159Oath of assessors.

Section 160Duties of assessors.

Section 161Effect of dissent of assessors.

CHAPTER IX

Section 162Injunction defined.

Section 163Who may grant an injunction.

Section 164Circumstances under which a preliminary injunction may be granted.

Section 165Time of granting preliminary injunction.

Section 166Method of obtaining preliminary injunction.

Section 167Proceedings in case of insufficiency of sureties.

Section 168Notice to defendant of preliminary injunction.

Section 169Dissolution of temporary injunction.

Section 170Damages pending a preliminary injunction.

Section 171Final injunctions.

Section 172Method of enforcing injunctions.

Section 173Receivers, who may appoint.

Section 174When a receiver may be appointed.

Section 175General powers of a receiver.

Section 176Receivers of a corporation.

Section 177Obligations for damages on appointment of receiver.

Section 178Oath and obligation of receivers.

Section 179Funds in the hands of receiver.

Section 180Termination of receivership.

Section 181Partition of real estate.

Section 182Where action for partition must be brought.

Section 183The complaint.

Section 184The order of partition.

Section 185Duty of commissioners in making partition.

Section 186When partition of more than one tract is demanded.

Section 187Assignment or sale of the estate.

Section 188Report of commissioners.

Section 189Action of the court upon commissioners' report.

Section 190Distribution of proceeds of sale.

Section 191Accounting for rent and profits in action for partition.

Section 192Costs and expenses to be equitably taxed.

Section 193Fees of commissioners.

Section 194Final judgment, its record and effect.

Section 195Power of guardian in partition proceedings.

Section 196Paramount rights and amicable partition not affected.

Section 197Usurpation of an office or franchise.

Section 198Like actions against a corporation.

Section 199Who must commence such an action.

Section 200Who may commence such an action.

Section 201An individual may commence such action.

Section 202What the complaint must set forth in such action; judgment therein.

Section 203Who may be made defendants.

Section 204Where such actions may be brought.

Section 205Application for leave to commence action and notice to defendant.

Section 206Expediting proceedings.

Section 207Judgment where office, franchise, etc., found to have been usurped.

Section 208Judgment where director of a corporation found to have been illegally elected.

Section 209Rights of person adjudged to be entitled to office.

Section 210How judgment of court enforced.

Section 211Action for damages against person ousted.

Section 212Judgment when corporation has forfeited its rights.

Section 213Appointment of receiver when corporation dissolved.

Section 214How receiver placed in possession.

Section 215Judgment for costs.

Section 216Limitations.

Section 217Certiorari proceedings.

Section 218Service of order.

Section 219Enforcement of order.

Section 220Final proceedings in certiorari.

Section 221Certifying judgment to inferior tribunal.

Section 222Mandate.

Section 223Damages in such action.

Section 224Service of the order.

Section 225Enforcement of order of mandate.

Section 226Prohibition.

Section 227Service of judgment and order.

Section 228Enforcement order of prohibition.

Section 229Preliminary injunctions in certiorari, mandate, and prohibition proceedings.

Section 230Expediting such proceedings.

Section 231What contempts of court may be punished summarily.

Section 232What other acts are contempts of court.

Section 233When accused entitled to be heard.

Section 234Right of accused to bail.

Section 235Trial of the charge.

Section 236Punishment if found guilty.

Section 237Imprisonment until order obeyed.

Section 238Proceedings when party released on bail fails to appear.

Section 239Right of court who committed prisoner to release him.

Section 240Final judgment.

Section 241How the right of eminent domain may be exercised.

Section 242The complaint.

Section 243Appointment of commissioners.

Section 244Duty of commissioners.

Section 245Report of commissioners.

Section 246Action of court upon commissioners' report.

Section 247Rights of plaintiff after the judgment.

Section 248Effect of exceptions.

Section 249Costs.

Section 250Fees of commissioners.

Section 251Final judgment, its record and effect.

Section 252Power of guardian in condemnation proceedings.

Section 253Persons not notified not affected by such proceedings.

Section 254Where action for foreclosure of real-estate mortgage must be instituted.

Section 255The complaint in an action for foreclosure of a real estate mortgage.

Section 256Trial and judgment in foreclosure suit.

Section 257Sale of the mortgaged property.

Section 258Disposition of proceeds.

Section 259Disposition of proceeds in case the debt is not all due.

Section 260Judgment for balance after sale of property.

Section 261Final record.

Section 262Delivery of litigated personal property to plaintiff.

Section 263Affidavit and obligation to be filed by plaintiff.

Section 264Warrant of seizure.

Section 265Service of warrant.

Section 266Proceedings when objection is made to the sufficiency of the obligation.

Section 267Delivery of property to the defendant.

Section 268Defendant's obligation and sureties.

Section 269Responsibility of officer and clerk.

Section 270If property claimed by third person.

Section 271Return of papers.

Section 272Final judgment.

CHAPTER X

Section 273Preponderance of evidence, how determined.

Section 274The Same rules in all cases in all Courts of the Islands.

Section 275Matters judicially recognized.

Section 276Personal knowledge and hearsay evidence.

Section 277Rights of party not prejudiced by act, declaration, or omission of another.

Section 278Exceptions where one derives title to real property from another.

Section 279Exception where declaration, act, or omission forms part of the transaction.

Section 280Where dispute relates to obligation or duty of third person; prima facie evidence.

Section 281Hearsay evidence of questions of pedigree.

Section 282Declaration, act, or omission of deceased person against his interests.

Section 283 Section 284Original writing must ordinarily be produced.

Section 285Written agreement presumed to contain all the terms of the agreement.

Section 286Writing to be interpreted according to legal meaning.

Section 287Construction of a statute or instrument containing several provisions.

Section 288General rule for construction of statute or instrument.

Section 289For construction of an instrument circumstances may be shown.

Section 290Terms of a writing presumed to be in their ordinary sense.

Section 291Instrument partly written and partly printed.

Section 292Experts and interpreters to be used in explaining certain writings.

Section 293Where intention of different parties to instrument not the same.

Section 294Construction in favor of natural right.

Section 295Material allegations only need be proved.

Section 296Evidence must be relevant.

Section 297Party must prove his affirmative allegations.

Section 298To what facts evidence may be given.

Section 299Public writings.

Section 300Printed laws of the state or country.

Section 301Attested copy of foreign law.

Section 302Oral proof of United States or foreign unwritten law.

Section 303Proof of domestic judicial records.

Section 304Proof of foreign judicial records.

Section 305Proof of foreign judicial record by examined copy.

Section 306Effect of judgment.

Section 307What is deemed to have been adjudged in a former judgment.

Section 308When principal bound by judgment against surety.

Section 309Effect of judicial record of a court in the United States.

Section 310Effect of judicial record of a court of admiralty for a foreign country.

Section 311Effect of other foreign judgment.

Section 312How judicial record may be impeached.

Section 313Proof of other official documents.

Section 314Proof of public record of private writing.

Section 315Entries in official book.

Section 316Proof of judgment of justice of the peace.

Section 317Certificate attached to transcript of justice's record.

Section 318What certificate of copy of writing must state.

Section 319Effect of a seal.

Section 320Historical works, books of science, and maps.

Section 321Secondary evidence of the contents of a lost writing.

Section 322Secondary evidence of writing in custody of adverse party.

Section 323Party calling for writing not bound to offer it as evidence.

Section 324Proof of writing.

Section 325Denial of execution by subscribing witness.

Section 326When other evidence of the execution of writing need not be produced.

Section 327Proof of handwriting.

Section 328Writings of a deceased person.

Section 329What are original entries.

Section 330Original records not to be removed from office.

Section 331Proof of real-estate titles.

Section 332View of an object by the court.

Section 333Conclusive presumptions.

Section 334Disputable presumptions.

Section 335Agreements invalid unless made in writing.

Section 336Alteration in writing.

Section 337Leading questions.

Section 338Witness may refer to memorandum.

Section 339Leading questions on cross-examination.

Section 340Party may not impeach his own witness.

Section 341Recalling witness.

Section 342Impeaching witness.

Section 343Impeaching of witness by inconsistent statements.

Section 344Evidence of good character of the witness.

Section 345Right of opposite party to inspect writing shown to a witness.

Section 346Offer of compromise.

Section 347Unaccepted offer in writing equivalent to tender.

Section 348Use of affidavit.

Section 349Who may administer oath for affidavit to be used in the Islands.

Section 350Who may administer oath for affidavit taken in the United States.

Section 351Affidavit taken in a foreign country.

Section 352Certification of affidavit taken in the United States or a foreign country.

Section 353Depositions may be used.

Section 354Testimony of a witness out of the islands may be taken by deposition.

Section 355Deposition of a witness within the Philippine Islands.

Section 356How deposition of a witness out of the Philippine Islands may be taken.

Section 357Interrogatories may be annexed to the commission.

Section 358Duties of official taking the deposition.

Section 359Trial not necessarily delayed pending taking of deposition.

Section 360Such deposition may be used by either party.

Section 361Taking depositions within the Philippine Islands.

Section 362Manner of taking, certifying, and transmitting depositions.

Section 363A stenographer may be employed in taking deposition.

Section 364Deposition may be read at any stage of action.

Section 365Deposition to be used outside the Philippine Islands.

Section 366Summoning witnesses to appear before commissioner.

Section 367When commission has not been issued.

Section 368Taking the deposition.

Section 369Oath of witness giving deposition.

Section 370Perpetuation of testimony.

Section 371Order of judge for perpetuation of testimony.

Section 372Taking the testimony.

Section 373Manner of conducting examination.

Section 374Papers filed prima facie evidence of regularity.

Section 375Use of such deposition.

Section 376Effect of testimony so taken.

CHAPTER XI

Section 377Venue of actions.

CHAPTER XII

Section 378Special judge by agreement of parties when judge disqualified.

Section 379Proceedings when judge disqualified and special judge not agreed upon.

Section 380Proceeding where judge is physically disabled.

CHAPTER XIII

Section 381Witnesses.

Section 382Qualification of witness.

Section 383Incompetency of witnesses.

CHAPTER XIV

Section 384General duties of the clerk.

Section 385The docket.

Section 386New dockets.

Section 387Book of final records.

Section 388Custody of moneys paid into court.

CHAPTER XV

Section 389Commencement of actions.

Section 390Proceedings of clerk on filing complaint.

Section 391Defendants residing in different provinces.

Section 392The summons.

Section 393Summons lost or not served.

Section 394Service of summons.

Section 395Service by indifferent person.

Section 396Manner of serving summons.

Section 397What equivalent to service.

Section 398Service upon absent or unknown defendants.

Section 399Order for service by publication.

Section 400Proof of the service.

Section 401Service in actions affecting the title to land.

CHAPTER XVI

Section 402Subpoena or process to procure the attendance of witness.

Section 403Issuing the subpoena.

Section 404Service of the subpoena.

Section 405Service where witness is concealed.

Section 406Witness not obliged to go outside his province to testify.

Section 407Person present in court.

Section 408Disobedience to a subpoena, or refusal to testify.

Section 409Civil liability of witness disobeying subpoena.

Section 410Compelling attendance of witness.

Section 411If witness imprisoned.

CHAPTER XVII

Section 412Arrest.

Section 413Who may grant order for arrest.

Section 414Granting order of arrest.

Section 415Obligation for damages in case of arrest.

Section 416Executing order of arrest.

Section 417Discharge of defendant.

Section 418Giving bail.

Section 419Exoneration of bail.

Section 420Death or imprisonment of defendant.

Section 421Filing order of arrest and bond.

Section 422Disposition of money deposited.

Section 423Application by defendant for reduction of bail or vacating order of arrest.

CHAPTER XVIII

Section 424Attachment.

Section 425Who may issue order of attachment.

Section 426Granting order of attachment.

Section 427Obligation for damages in case of attachment.

Section 428Executing order of attachment as to movables.

Section 429Executing order of attachment as to real property.

Section 430Executing Order of attachment as to stocks or shares.

Section 431Executing order of attachment as to debts and credits.

Section 432Effect of attachment of debts and credits.

Section 433Disposition of debts and credits attached.

Section 434Return of order of attachment.

Section 435Disposition of perishable property.

Section 436Final disposition of property attached.

Section 437Collections of balance of execution.

Section 438Proceedings after return of execution unsatisfied.

Section 439Disposition of attached property in case of judgment for defendant.

Section 440Dissolution of order of attachment.

Section 441Discharge of attachment on motion.

Section 442Right of third party against officer.

CHAPTER XIX

Section 443When execution may issue.

Section 444Issuance, form, and requisites of execution.

Section 445Return of execution.

Section 446Executions in cases of special judgment.

Section 447Enforcement of judgment after lapse of five years.

Section 448Execution in case of death of party.

Section 449Into what provinces executions may run.

Section 450Property liable to execution.

Section 451Claims by third persons to property levied on.

Section 452Exemptions from executions.

Section 453Seizure of property on execution.

Section 454Advertisement of property to be sold on execution.

Section 455Penalty if officer sells without notice.

Section 456Payment of judgment and costs may be made before sale.

Section 457Sale on execution.

Section 458Purchaser at sale refusing to pay.

Section 459Liability of officer in such cases.

Section 460Adjournment of sale.

Section 461Delivery of property to purchaser.

Section 462Certificate of sale of personal property not capable of manual delivery.

Section 463Sale of real property and certificate thereof.

Section 464Who may redeem.

Section 465Time and manner of redemption.

Section 466Deed to be given at expiration of redemption period.

Section 467Proof required of redemption.

Section 468Manner of using premises pending redemption.

Section 469Rents and profits pending redemption.

Section 470New execution issue in case of eviction.

Section 471Right to contribution or reimbursement.

Section 472Who may execute the officer's deed.

Section 473Form of officer's deed.

CHAPTER XX

Section 474Right of judgment creditor to examine debtor when execution returned unsatisfied.

Section 475Method of obtaining such examination.

Section 476Examination of debtor of judgment debtor, and so forth.

Section 477Reference by a judge.

Section 478Proceedings to compel attendance.

Section 479Proceedings may be continued.

Section 480Proceedings before a referee.

Section 481Debtor may pay execution against creditor.

Section 482Judge may order property to be applied on execution.

Section 483Judge may appoint receiver and prohibit transfers, and so forth.

Section 484Liability of officer on official bond.

Section 485 Section 486Proceedings when indebtedness denied or another claims the property.

CHAPTER XXI

Section 487Costs ordinarily follow result of suit.

Section 488When action dismissed for want of jurisdiction.

Section 489Lawyer's fees as costs.

Section 490Restriction of costs.

Section 491Costs in justice of the peace courts.

Section 492Costs in Courts of First Instance.

Section 493Costs in municipal courts.

Section 494Costs in Supreme Court.

Section 495Costs in special proceedings.

CHAPTER XXII

Section 496General procedure in the Supreme Court.

Section 497Hearings confined to matters of law, with certain exceptions.

Section 498Procedure on appeal from special proceedings.

Section 499Judge failing to sign exceptions, how compelled.

Section 500Dismissal of bills of exception.

Section 501Incomplete record, how corrected.

Section 502Effect of dismissing bill of exceptions.

Section 503Judgment not to be reversed on technical grounds.

Section 504May order trial before another judge.

Section 505Procedure upon new trial.

Section 506Certificate of judgment to be remitted to the Court of First Instance.

Section 507The clerk of the Court of First Instance to give notice of judgments remitted.

Section 508Copy of opinion certified to court below.

Section 509Excepting party not entitled to reversal as to another.

Section 510Interest on judgment affirmed.

Section 511Extraordinary orders enforced by lower court, when.

Section 512Bills of exception to be printed.

CHAPTER XXIII

Section 513Procedure in cases of defaults caused by fraud, accident, or mistake.

Section 514Procedure in certiorari.

Section 515Procedure in mandamus.

Section 516Prohibition.

Section 517Preliminary injunction in certiorari, mandate, and prohibition proceedings.

Section 518Expediting such proceedings.

Section 519Quo Warranto.

CHAPTER XXIV

Section 520The Clerk.

Section 521Dockets.

CHAPTER XXV

Section 522Judge may act in vacation in special proceedings.

Section 523Pending proceedings to be governed by former law.

Section 524No new proceedings to be instituted.

CHAPTER XXVI

Section 525To what habeas corpus extends.

Section 526Who may grant the writ.

Section 527Requisites of application therefor.

Section 528When the writ shall not be allowed.

Section 529Not to apply in certain cases.

Section 530When the writ must be granted.

Section 531Who to issue the writ.

Section 532How prisoner may be designated.

Section 533Requisites of writ in certain cases.

Section 534Form of writ when prisoner not in custody of an officer.

Section 535How and where writ may be served.

Section 536How executed and returned.

Section 537When it may be returned to another judge or court.

Section 538What shall be stated in the return of the writ.

Section 539The return must be signed and sworn to.

Section 540Adjournment of cause.

Section 541When prisoner shall be discharged.

Section 542When prisoner may be committed to jail, or let to bail.

Section 543When prisoner must be committed.

Section 544When the return is evidence, and when only a plea.

Section 545Penalty upon clerk for refusing to issue the writ.

Section 546Penalty for disobeying the writ.

Section 547Persons set at liberty upon the writ not to be again imprisoned.

Section 548Prisoner not to be removed from the custody of one officer, to another, unless, and so forth.

Section 549Record of writ, and so forth.

Section 550Fees and costs.

CHAPTER XXVII

Section 551Judge of First Instance may appoint guardian.

Section 552Spanish law as to power of family council in guardianship matters repealed.

Section 553Father or mother natural guardian and to be appointed guardian of estate, If competent.

Section 554Guardian to care for minor's education.

Section 555Bond of guardian.

Section 556Recording letters of guardianship.

Section 557Testamentary guardians.

Section 558Guardians ad litem not affected by this chapter.

Section 559Appointment of guardians of persons of unsound mind.

Section 560Duty of court to appoint.

Section 561Power and bond of guardian.

Section 562Restoration of competency.

Section 563Guardian to pay debts of ward.

Section 564Guardian to settle all affairs of ward.

Section 565Management of ward's estate.

Section 566Action of guardian in partition proceedings.

Section 567Inventory and accounts of guardians.

Section 568Settlement of guardian's accounts.

Section 569Sale or reinvestment of portions of estate.

Section 570Sales must be for cash or other adequate security.

Section 571Reinvestment of the proceeds of sale.

Section 572Guardian of nonresident.

Section 573Examination of person suspected of defrauding wards or concealing property.

Section 574Removal and resignation of guardian.

Section 575Termination of guardianship.

Section 576New bond may be required.

Section 577Guardian's bond to be filed, and action thereon.

Section 578Limitation of action on bond.

Section 579Limitations of actions for the recovery of property sold.

Section 580Orders and guardianship proceedings to be matters of record.

Section 581Pending guardianship to proceed in accordance with Spanish law, with certain exceptions.

CHAPTER XXVIII

Section 582Proceedings when trustee under will is necessary.

Section 583When trustee declines, resigns, dies, or is removed.

Section 584Powers and bond of new trustee.

Section 585Trustee appointed abroad must have new appointment here.

Section 586Notice to trustee.

Section 587Removal of trustees.

Section 588Resignation of trustees.

Section 589Executor, and so forth, of former trustee not bound to accept trust.

Section 590Bonds of trustees.

Section 591Appraisal.

Section 592When bond may be dispensed with.

Section 593Neglect to give bond.

Section 594Sale of trust estate.

Section 595General jurisdiction over trust.

CHAPTER XXIX

Section 596Settlement of intestate estates, without legal proceedings, in certain cases.

Section 597In such case distributees liable for debts.

Section 598Such settlement not binding unless all concur.

CHAPTER XXX

Section 599Jurisdiction.

Section 600Where resident's estate settled.

Section 601Where nonresident's estate settled.

Section 602The court once taking, to retain jurisdiction.

Section 603Jurisdiction, when may be contested.

Section 604The clerk.

Section 605Their copies and certificates to be evidence.

Section 606Clerk to sign process, and so forth.

Section 607Additional duties of clerk in absence of judge.

Section 608Proceedings when judge disqualified.

Section 609Fees, and the account thereof.

Section 610May issue process, and so forth.

Section 611May enforce orders by commitment.

Section 612Depositions.

Section 613Costs.

CHAPTER XXXI

Section 614Who may make wills.

Section 615Real estate acquired afterwards may pass by will.

Section 616Whole interest to pass unless, and so forth.

Section 617Spanish wills.

Section 618Requisites of will.

Section 619Custody of a will after its execution.

Section 620Who are competent witnesses.

Section 621Subsequent incompetency immaterial.

Section 622When devise or legacy to witness void.

Section 623Will, how revoked.

Section 624To be recorded in registration of land titles.

Section 625Allowance necessary, and conclusive as to execution.

Section 626Custodian of will to deliver.

Section 627Executor to present will and accept or refuse trust.

Section 628Penalty.

Section 629Person retaining will may be committed.

Section 630Court to appoint hearing on will.

Section 631How approved when not contested.

Section 632When the witness does not remember signing.

Section 633When the witness does not reside in the Philippines.

Section 634Grounds for disallowing the will.

Section 635Will made out of the Philippine Islands.

Section 636Will made here by alien.

Section 637Wills proved outside islands may be allowed here.

Section 638Hearing on question of allowance.

Section 639Court may order it recorded.

Section 640Estate, how administered.

Section 641When will proved, letters to issue to executor.

Section 642To whom administration granted.

Section 643Bond, generally.

Section 644Bond of executor who is residuary legatee.

Section 645Bonds of joint executors and administrators.

Section 646Executor neglecting to give bond.

Section 647When executor is a minor.

Section 648Executor of executor not to administer estate.

Section 649In case of vacancy, who to administer.

Section 650Power of new administrator.

Section 651Appointment of administrator to act with survivor.

Section 652His powers.

Section 653The court may remove or accept resignation of executor or administrator.

Section 654Married women may.

Section 655One of coexecutors disqualified, others may act.

Section 656Estate of person unheard from for fifteen years may be administered.

Section 657Administration revoked if will discovered.

Section 658Power of executor in such case.

Section 659Acts before revocation to be valid.

Section 660Appointment of special administrator.

Section 661Powers of special administrator.

Section 662To give bond.

Section 663When powers cease.

CHAPTER XXXII

Section 664Executor or administrator may have access to partnership books.

Section 665Court may enforce compliance.

Section 666To keep buildings in repair.

Section 667Executor to administer estate not willed.

Section 668Inventory to be returned.

Section 669Committee to be appointed.

Section 670Committee to be sworn.

Section 671Apparel, and so forth, not to be inventoried.

Section 672Account to be rendered and examination to be under oath.

Section 673For what to account.

Section 674Not to profit by increase or lose by decrease in value.

Section 675Accountable for proceeds of real estate sold.

Section 676When not accountable for debts due.

Section 677Accountable for income from realty.

Section 678Accountable if he improperly neglects to raise money.

Section 679To be allowed money paid as costs, when.

Section 680How allowed for services.

Section 681Account, how verified.

Section 682Account to be settled on notice.

Section 683Surety on bond may be party to accounting.

Section 684Allowance to widow and family, and descent of estate.

Section 685Community property.

CHAPTER XXXIII

Section 686Committee to be sworn and may administer oaths.

Section 687To notify times and places of meetings.

Section 688Vacancy in committee.

Section 689Court to limit time for presenting claims.

Section 690When time may be extended.

Section 691Duty of executor or administrator upon hearing before the committee.

Section 692Admission and exclusion of evidence.

Section 693Committee to report.

Section 694Committee to notify certain claimants at the time of filing report.

Section 695Claims not presented barred.

Section 696Estate's claims to be offset.

Section 697Claim of executor or administrator against an estate.

Section 698Estate of joint debtor liable for the whole claim.

Section 699Executor or administrator not to be sued.

Section 700Suits pending against the estate to be discontinued.

Section 701An executor or administrator may sue.

CHAPTER XXXIV

Section 702Executor or administrator may prosecute and defend suits which survive.

Section 703Certain actions survive.

Section 704Heir may not sue until share assigned.

Section 705Representative may be cited to appear.

Section 706Representative may compound with debtor.

Section 707Mortgage debt due to estate.

Section 708Mortgage debt due from estate.

CHAPTER XXXV

Section 709Proceedings for the recovery of property embezzled or fraudulently conveyed.

Section 710Persons intrusted with estate may be compelled to render account.

Section 711Embezzlement before letters issued.

Section 712Estate fraudulently conveyed by deceased may be recovered.

Section 713Creditor under certain circumstances may sue.

CHAPTER XXXVI

Section 714Realty may be sold though personalty and exhausted.

Section 715If part can not be sold without injury, whole may be.

Section 716Persons interested may prevent sale.

Section 717The Court may order personalty sold.

Section 718Estate may be sold when beneficial to heirs.

Section 719May be sold to pay debts and legacies in other countries.

Section 720Realty acquired on execution, and so forth, may be sold.

Section 721Realty may be sold to pay legacies.

Section 722Regulations for license to sell.

Section 723Effect of deed.

Section 724When administrator dies pending sale, new license to issue.

Section 725When deceased under contract to convey.

Section 726Lands held in trust to be conveyed.

CHAPTER XXXVII

Section 727Personalty first chargeable for debts.

Section 728From what part of testate estate debts to be paid.

Section 729Legacy and devise liable for payment of debts.

Section 730Executor to retain possession of an estate, when.

Section 731Devisees, legatees, and heirs, in possession, must contribute.

Section 732When person liable to contribute is insolvent or dead.

Section 733Court to fix contributors' shares.

CHAPTER XXXVIII

Section 734Debts to be paid in full if estate sufficient.

Section 735Order of payment if estate insolvent.

Section 736Dividends to be paid in proportion to claim.

Section 737Estate of insolvent nonresident.

Section 738Payment of claim proved outside the islands, against insolvent resident's estate.

Section 739Decree for payment of debts.

Section 740In case of appeal.

Section 741Subsequent distributions.

Section 742After time fixed for payment, administrator personally liable.

Section 743Court to fix time for paying debts and legacies.

Section 744Hearing on question of extending time.

Section 745Successor of administrator dying, may have time extended.

Section 746Claims may be presented to committee.

Section 747Estate to be retained to meet claims.

Section 748Claim becoming absolute in two years, how allowed.

Section 749Such creditor to receive in same proportion as others.

CHAPTER XXXIX

Section 750Procedure when person dies intestate without heirs.

Section 751Decree of court in such case.

Section 752Right of heir, and so forth, subsequently appearing.

CHAPTER XL

Section 753Order of distribution.

Section 754Parties interested may have order.

Section 755Share of child born after making will.

Section 756Share of child or issue of child omitted from will.

Section 757From what part of estate such shares taken.

Section 758Devisee dying before testator.

Section 759Share of person absent and unheard of.

Section 760Advancement to lineal heirs.

Section 761Questions as to advancement to be determined by court.

Section 762Partition of estate already assigned.

Section 763Expenses of partition may be paid from the estate.

Section 764Recording the decrees of partition of estate.

CHAPTER XLI

Section 765How a child may be adopted.

Section 766Adoption by stepfather.

Section 767Order of the court.

Section 768Effect of the order.

Section 769Illegitimate child.

Section 770Order as to vagrant, incorrigible, neglected, or abused child.

Section 771Children of parents separated or divorced.

Section 772Appeal.

CHAPTER XLII

Section 773An appeal from allowance or disallowance of claim.

Section 774If administrator does not appeal, heir or creditor may.

Section 775Perfecting appeal.

Section 776Proceedings in Court of First Instance on such appeal.

Section 777Supreme Court to have final jurisdiction.

Section 778Appeal from settlement of account of administrator, executor, trustee, or guardian.

Section 779Method of perfecting such appeal.

Section 780Bond for appeal.

Section 781Appeal in case of allowance or disallowance of wills.

Section 782Appeal from decree of distribution.

Section 783Appeals allowed in other cases affecting settlement of estates.

CHAPTER XLIII

Section 784Forms.

Section 785Lawful to demand specific fees only.

Section 786Clerk of the Supreme Court.

Section 787Fees to be paid by the advancing party.

Section 788Clerks of Courts of First Instance.

Section 789Governors, sheriffs, and other persons serving process.

Section 790Justice of the peace.

Section 791Notaries public.

Section 792Other officers taking depositions.

Section 793Witness fees.

Section 794Other fees to be fixed by general rules of the Supreme Court.

CHAPTER XLIV

Section 795Repeal of existing codes, and so forth.

Section 796When to take effect.

CHAPTER VI

Section 116Infants, spendthrifts, and persons of unsound mind.

Source: Supreme Court E-Library, Republic of the Philippines. Philippine laws are public documents (works of the government).

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