Proceedings for the recovery of property embezzled or fraudulently conveyed.
SEC. 709. Proceedings for the recovery of property embezzled or fraudulently conveyed. — If an executor or administrator, heir, legatee, creditor, or other person interested in the estate of a deceased person complains to the court having jurisdiction of the estate, that a person is suspected of having concealed, embezzled, or conveyed away any of the money, goods, or chattels of the deceased, or that such person has in his possession, or has knowledge of any deed, conveyance, bond contract, or other writing which contains evidence of, or tends to disclose the right, title, interest, or claim of the deceased to real or personal estate, or the last will and testament of the deceased, the court may cite such suspected person to appear before it, and may examine him on oath on the matter of such complaint; if the person so cited refuses to appear and answer such examination, or to answer such interrogatories as are put to him, the court may, by warrant, commit him to the jail or prison of the province, there to remain in close custody until he submits to the order of the court; and such interrogatories and answers shall be in writing and signed by the party examined, and filed in the clerk's office.
Persons intrusted with estate may be compelled to render account.
SEC. 710. Persons intrusted with estate may be compelled to render account. — The court, on complaint of an executor or administrator, may cite a person who is intrusted by an executor or administrator with any part of the estate of the deceased person to appear before it, and may require such person to render a full account, on oath, of the money, goods, chattels, bonds, accounts, or other papers belonging to such estate, as came to his possession, in trust for such executor or administrator, and of his proceedings thereon; and if the person so cited refuses to appear to render such account, the court may proceed against him as provided in the preceding section.
Embezzlement before letters issued.
SEC. 711. Embezzlement before letters issued. — If a person, before the granting of letters testamentary or of administration on the estate of a deceased person, embezzles, or alienates, any of the money, goods, chattels, or effects of such deceased person, such person shall be liable to an action in favor of the executor or administrator of such estate for double the value of the property sold, embezzled, or alienated, to be recovered for the benefit of such estate.
Estate fraudulently conveyed by deceased may be recovered.
SEC. 712. Estate fraudulently conveyed by deceased may be recovered. — When there is a deficiency of assets in the hands of an executor or administrator for the payment of debts and expenses of administration, and the deceased person in his lifetime had conveyed real estate, or a right or interest therein, with an intent to defraud his creditors or to avoid a right, debt, or duty of a person; or had so conveyed such estate that by law the conveyance would be void as against his creditors, and the estate attempted to be conveyed would be liable to attachment or execution by a creditor of the deceased in his lifetime, the executor or administrator may commence and prosecute to final judgment an action for the recovery of such real estate or interest therein for the benefit of the creditors; and he may also, for the benefit of the creditors, sue and recover, for such goods, chattels, right, or credits fraudulently conveyed by the deceased in his lifetime, with the intent in this section stated; but no executor or administrator shall be bound to institute such proceedings in such action unless on application of the creditors of the deceased, nor unless the creditors making the application pay such part of the costs and expenses, or give security therefor to the executor or administrator, as the court judges equitable.
Creditor under certain circumstances may sue.
SEC. 713. Creditor under certain circumstances may sue. — When there is a deficiency of assets in the hands of an executor or administrator to pay debts and expenses, and when the deceased person made in his lifetime such fraudulent conveyance of such real or personal estate or of a right or interest therein, as is stated in the preceding section, any creditor of the estate may, by license of the court, if the executor or administrator has not commenced such action, commence and prosecute to final judgment, in the name of the executor or administrator, an action for the recovery of the same, and may recover for the benefit of the creditors, such real or personal estate, or interest therein so conveyed. But such action shall not be commenced until the creditor files in court a bond with sufficient surety, to be approved by the judge, conditioned to indemnify the executor or administrator against the costs of such action. Such creditor shall have a lien upon the judgment by him so recovered for the costs incurred and such other expenses as the court deems equitable.
Source: Supreme Court E-Library, Republic of the Philippines. Philippine laws are public documents (works of the government).
