Executor or administrator may prosecute and defend suits which survive.
SEC. 702. Executor or administrator may prosecute and defend suits which survive. — An executor or administrator may commence, prosecute, or defend, in the right of the deceased, actions which survive to such executor or administrator and are necessary for the recovery and protection of the property or rights of the deceased, and may prosecute or defend such actions or suits commenced in the lifetime of the deceased.
Certain actions survive.
SEC. 703. Certain actions survive. — Actions to recover the title or possession of real estate, buildings, or any interest therein, actions to recover damages for an injury to persons or property, real, or personal, and actions to recover the possession of specific articles of personal property, shall survive, and may be commenced and prosecuted by or against the executor or administrator; but all other actions commenced against the deceased before his death shall be discontinued, and the claims therein involved before the committee as herein provided.
Heir may not sue until share assigned.
SEC. 704. Heir may not sue until 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 damage done to such lands, shall be maintained against him by an heir or devisee, until there is a decree of the court assigning such lands to such heir or devisee, or until the time allowed for paying debts has expired, unless the executor or administrator surrenders the possession to the heir or devisee.
Representative may be cited to appear.
SEC. 705. Representative may be cited to appear. — If the executor or administrator does not voluntarily appear and prosecute or defend any action pending against the deceased, and which would survive according to the provisions of this chapter, the surviving party may take out a citation from the court before which the case is pending, requiring the executor or administrator to appear to prosecute and defend the action, which citation shall be served at least twelve days before the time at which he is required to appear. If the executor or administrator, after being so cited, neglects to become a party to the suit, he shall be nonsuited, or defaulted, as the case may be, and judgment rendered against him as executor or administrator; but he shall not be personally liable for costs; but the costs shall be paid the same as the debt or damages, out of the estate of the deceased. If there is no executor or administrator appointed, the death of the party may be suggested on the record, and the suit continued until an executor or administrator is appointed.
Representative may compound with debtor.
SEC. 706. Representative may compound with debtor. — An executor or administrator may compound with the debtor of the deceased for a debt due, with the approval of the court, and may give a discharge of such debt, on receiving a just dividend to the estate of the debtor.
Mortgage debt due to estate.
SEC. 707. Mortgage debt due to estate. — Debts secured by mortgage, together with the security, belonging to the estate of a deceased person, as mortgagee or assignee of the right of a mortgagee, when such mortgage was not foreclosed in the lifetime of the deceased, shall be deemed to be personal assets in the hands of the executor or administrator and administered and accounted for as such; and the executor or administrator may foreclose the mortgage, and the proceeds of foreclosure which may be ultimately realized shall be deemed to be personal assets, to be administered and accounted for as such.
Mortgage debt due from estate.
SEC. 708. Mortgage debt due from estate. — A creditor holding a claim against the deceased, secured by mortgage or other collateral security, may abandon the security and prosecute his claim before the committee, and share in the general distribution of the assets of the estate; or he may foreclose his mortgage or realize upon his security, by ordinary action in court, making the executor or administrator a party defendant; and if there is a judgment for a deficiency, after the sale of the mortgaged premises, or the property pledged, in the foreclosure or other proceeding to realize upon the security, he may prove his deficiency judgment before the committee against the estate of the deceased; or he may rely upon his mortgage or other security alone, and foreclose the same at any time, within the period of the statute of limitations, and in that event he shall not be admitted as a creditor, and shall receive no share in the distribution of the other assets of the estate; but nothing herein contained shall prohibit the executor or administrator from redeeming the property mortgaged or pledged, by paying the debt for which it is held as security, under the direction of the court, if the court shall adjudge it to be for the best interest of the estate that such redemption shall be made.
Source: Supreme Court E-Library, Republic of the Philippines. Philippine laws are public documents (works of the government).
