Guardianship (Rules 92-97)

Guardianship (Rules 92-97)

Rule 92: Venue


Sec. 1. Where to institute proceedings. – Guardianship of the person or estate of a minor or incompetent may be instituted in the Court of First Instance of the province, or in the justice of the peace court of the municipality, or in the municipal court of the chartered city where the minor or incompetent person resides, and if he resides in a foreign country, in the Court of First Instance of the province wherein his property or part thereof is situated; provided, however, that where the value of the property of such minor or incompetent exceeds the jurisdiction of the justice of the peace or municipal court, the proceedings shall be instituted in the Court of First Instance.

In the City of Manila, the proceedings shall be instituted in the Juvenile and Domestic Relations Court.

Sec. 2. Meaning of word “incompetent.” – Under this rule, the word “incompetent” includes persons suffering the penalty of civil interdiction or who are hospitalized lepers, prodigals, deaf and dumb who are unable to read and write, those who are of unsound mind, even though they have lucid intervals, and persons not being of unsound mind, but by reason of age, disease, weak mind, and other similar causes, cannot, without outside aid, take care of themselves and manage their property, becoming thereby an easy prey for deceit and exploitation.

Sec. 3. Transfer of venue. – The court taking cognizance of a guardianship proceeding, may transfer the same to the court of another province or municipality wherein the ward has acquired real property, if he has transferred thereto his bona-fide residence, and the latter court shall have full jurisdiction to continue the proceedings, without requiring payment of additional court fees.

Rule 93: Appointment of Guardians


Sec. 1. Who may petition for appointment of guardian for resident. – Any relative, friend, or other person on behalf of a resident minor or incompetent who has no parent or lawful guardian, or the minor himself if fourteen years of age or over, may petition the court having jurisdiction for the appointment of a general guardian for the person or estate, or both, of such minor or incompetent. An officer of the Federal Administration of the United States in the Philippines may also file a petition in favor of a ward thereof, and the Director of Health, in favor of an insane person who should be hospitalized, or in favor of an isolated leper.

Sec. 2. Contents of petition. – A petition for the appointment of a general guardian must show, so far as known to the petitioner:

(a) The jurisdictional facts;

(b) The minority or incompetency rendering the appointment necessary or convenient;

(c) The names, ages, and residences of the relatives of the minor or incompetent, and of the persons having him in their care;

(d) The probable value and character of his estate;

(e) The name of the person for whom letters of guardianship are prayed.

The petition shall be verified; but no defect in the petition or verification shall render void the issuance of letters of guardianship.

Sec. 3. Court to set time for hearing; Notice thereof. – When a petition for the appointment of a general guardian is filed, the court shall fix a time and place for hearing the same, and shall cause reasonable notice thereof to be given to the persons mentioned in the petition residing in the province, including the minor if above 14 years of age or the incompetent himself, and may direct other general or special notice thereof to be given.

Sec. 4. Opposition to petition. – Any interested person may, by filing a written opposition, contest the petition on the ground of majority of the alleged minor, competency of the alleged incompetent, or the unsuitability of the person for whom letters are prayed, and may pray that the petition be dismissed, or that letters of guardianship issue to himself, or to any suitable person named in the opposition.

Sec. 5. Hearing and order for letters to issue. – At the hearing of the petition the alleged incompetent must be present if able to attend, and it must be shown that the required notice has been given. Thereupon the court shall hear the evidence of the parties in support of their respective allegations, and, if the person in question is a minor, or incompetent it shall appoint a suitable guardian of his person or estate, or both, with the powers and duties hereinafter specified.

Sec. 6. When and how guardian for nonresident appointed; Notice. – When a person liable to be put under guardianship resides without the Philippines but has estate therein, any relative or friend of such person, or any one interested in his estate, in expectancy or otherwise, may petition a court having jurisdiction for the appointment of a guardian for the estate, and if, after notice given to such person and in such manner as the court deems proper, by publication or otherwise, and hearing, the court is satisfied that such nonresident is a minor or incompetent rendering a guardian necessary or convenient, it may appoint a guardian for such estate.

Sec. 7. Parents as guardians. – When the property of the child under parental authority is worth two thousand pesos or less, the father or the mother, without the necessity of court appointment, shall be his legal guardian. When the property of the child is worth more than two thousand pesos, the father or the mother shall be considered guardian of the child’s property, with the duties and obligations of guardians under these rules, and shall file the petition required by section 2 thereof. For good reasons the court may, however, appoint another suitable person.

Sec. 8. Service of judgment. – Final orders or judgments under this rule shall be served upon the civil registrar of the municipality or city where the minor or incompetent person resides or where his property or part thereof is situated.


Sec. 1. Bond to be given before issuance of letters; Amount; Conditions. – Before a guardian appointed enters upon the execution of his trust, or letters of guardianship issue, he shall give a bond, in such sum as the court directs, conditioned as follows:

(a) To make and return to the court, within three (3) months, a true and complete inventory of all the estate, real and personal, of his ward which shall come to his possession or knowledge or to the possession or knowledge of any other person for him;

(b) To faithfully execute the duties of his trust, to manage and dispose of the estate according to these rules for the best interests of the ward, and to provide for the proper care, custody, and education of the ward;

(c) To render a true and just account of all the estate of the ward in his hands, and of all proceeds or interest derived therefrom, and of the management and disposition of the same, at the time designated by these rules and such other times as the court directs; and at the expiration of his trust to settle his accounts with the court and deliver and pay over all the estate, effects, and moneys remaining in his hands, or due from him on such settlement, to the person lawfully entitled thereto;

(d) To perform all orders of the court by him to be performed.

Sec. 2. When new bond may be required and old sureties discharged. – Whenever it is deemed necessary, the court may require a new bond to be given by the guardian, and may discharge the sureties on the old bond from further liability, after due notice to interested persons, when no injury can result therefrom to those interested in the estate.

Sec. 3. Bonds to be filed; Actions thereon. – Every bond given by a guardian shall be filed in the office of the clerk of the court, and, in case of the breach of a condition thereof, may be prosecuted in the same proceeding or in a separate action for the use and benefit of the ward or of any other person legally interested in the estate

Rule 95: Selling & Encumbering Property of Ward


Sec. 1. Petition of guardian for leave to sell or encumber estate. – When the income of an estate under guardianship is insufficient to maintain the ward and his family, or to maintain and educate the ward when a minor, or when it appears that it is for the benefit of the ward that his real estate or some part thereof be sold, or mortgaged or otherwise encumbered, and the proceeds thereof put out at interest, or invested in some productive security, or in the improvement or security of other real estate of the ward, the guardian may present a verified petition to the court by which he was appointed setting forth such facts, and praying that an order issue authorizing the sale or encumbrance.

Sec. 2. Order to show cause thereupon. – If it seems probable that such sale or encumbrance is necessary, or would be beneficial to the ward, the court shall make an order directing the next of kin of the ward, and all persons interested in the estate, to appear at a reasonable time and place therein specified to show cause why the prayer of the petition should not be granted.

Sec. 3. Hearing on return of order; Costs. – At the time and place designated in the order to show cause, the court shall hear the proofs and allegations of the petitioner and next of kin, and other persons interested, together with their witnesses, and grant or refuse the prayer of the petition as the best interests of the ward require. The court shall make such order as to costs of the hearing as may be just.

Sec. 4. Contents of order for sale or encumbrance, and how long effective; Bond. – If, after full examination, it appears that it is necessary, or would be beneficial to the ward, to sell or encumber the estate, or some portion of it, the court shall order such sale or encumbrance and that the proceeds thereof be expended for the maintenance of the ward and his family, or the education of the ward, if a minor, or for the putting of the same out at interest, or the investment of the same as the circumstances may require. The order shall specify the causes why the sale or encumbrance is necessary or beneficial, and may direct that estate ordered sold be disposed of at either public or private sale, subject to such conditions as to the time and manner of payment, and security where a part of the payment is deferred, as in the discretion of the court are deemed most beneficial to the ward. The original bond of the guardian shall stand as security for the proper appropriation of the proceeds of the sale, but the judge may, if deemed expedient, require an additional bond as a condition for the granting of the order of sale. No order of sale granted in pursuance of this section shall continue in force more than one (1) year after granting the same, without a sale being had.

Sec. 5. Court may order investment of proceeds and direct management of estate. – The court may authorize and require the guardian to invest the proceeds of sales or encumbrances, and any other of his ward’s money in his hands, in real estate or otherwise, as shall be for the best interest of all concerned, and may make such other orders for the management, investment, and disposition of the estate and effects, as circumstances may require.

Rule 96: General Powers & Duties of Guardians


Sec. 1. To what guardianship shall extend. – A guardian appointed shall have the care and custody of the person of his ward, and the management of his estate, or the management of the estate only, as the case may be. The guardian of the estate of a nonresident shall have the management of all the estate of the ward within the Philippines, and no court other than that in which such guardian was appointed shall have jurisdiction over the guardianship.

Sec. 2. Guardian to pay debts of ward. – Every guardian must pay the ward’s just debts out of his personal estate and the income of his real estate, if sufficient; if not, then out of his real estate upon obtaining an order for the sale or encumbrance thereof.

Sec. 3. Guardian to settle accounts, collect debts, and appear in actions for ward. – A guardian must settle all accounts of his ward, and demand, sue for, and receive all debts due him, or may, with the approval of the court, compound for the same and give discharges to the debtor, on receiving a fair and just dividend of the estate and effects; and he shall appear for and represent his ward in all actions and special proceedings, unless another person be appointed for that purpose.

Sec. 4. Estate to be managed frugally, and proceeds applied to maintenance of ward. – A guardian must manage the estate of his ward frugally and without waste, and apply the income and profits thereon, so far as may be necessary, to the comfortable and suitable maintenance of the ward and his family, if there be any; and if such income and profits be insufficient for that purpose, the guardian may sell or encumber the real estate, upon being authorized by order so to do, and apply so much of the proceeds as may be necessary to such maintenance.

Sec. 5. Guardian may be authorized to join in partition proceedings after hearing. – The court may authorize the guardian to join in an assent to a partition of real or personal estate held by the ward jointly or in common with others, but such authority shall only be granted after hearing, upon such notice to relatives of the ward as the court may direct, and a careful investigation as to the necessity and propriety of the proposed action.

Sec. 6. Proceedings when person suspected of embezzling or concealing property of ward. – Upon complaint of the guardian or ward, or of any person having actual or prospective interest in the estate of the ward as creditor, heir, or otherwise, that anyone is suspected of having embezzled, concealed, or conveyed away any money, goods, or interest, or a written instrument, belonging to the ward or his estate, the court may cite the suspected person to appear for examination touching such money, goods, interest, or instrument, and make such orders as will secure the estate against such embezzlement, concealment or conveyance.

Sec. 7. Inventories and accounts of guardians, and appraisement of estates. – A guardian must render to the court an inventory of the estate of his ward within three (3) months after his appointment, and annually after such appointment an inventory and account, the rendition of any of which may be compelled upon the application of an interested person. Such inventories and accounts shall be sworn to by the guardian. All the estate of the ward described in the first inventory shall be appraised. In the appraisement the court may request the assistance of one or more of the inheritance tax appraisers. And whenever any property of the ward not included in an inventory already rendered is discovered, or succeeded to, or acquired by the ward, like proceedings shall be had for securing an inventory and appraisement thereof within three (3) months after such discovery, succession, or acquisition.

Sec. 8. When guardian’s accounts presented for settlement. – Expenses and compensation allowed. Upon the expiration of a year from the time of his appointment, and as often thereafter as may be required, a guardian must present his account to the court for settlement and allowance. In the settlement of the account, the guardian, other than a parent, shall be allowed the amount of his reasonable expenses incurred in the execution of his trust and also such compensation for his services as the court deems just, not exceeding fifteen per centum of the net income of the ward.

Rule 97: Termination of Guardianship


Sec. 1. Petition that competency of ward be adjudged, and proceedings thereupon. – A person who has been declared incompetent for any reason, or his guardian, relative, or friend, may petition the court to have his present competency judicially determined. The petition shall be verified by oath, and shall state that such person is then competent. Upon receiving the petition, the court shall fix a time for hearing the questions raised thereby, and cause reasonable notice thereof to be given to the guardian of the person, so declared incompetent, and to the ward. On the trial, the guardian or relatives of the ward, and, in the discretion of the court, any other person, may contest the right to the relief demanded, and witnesses may be called and examined by the parties or by the court on its own motion. If it be found that the person is no longer incompetent, his competency shall be adjudged and the guardianship shall cease.

Sec. 2. When guardian removed or allowed to resign; New appointment. – When a guardian becomes insane or otherwise incapable of discharging his trust or unsuitable therefor, or has wasted or mismanaged the estate, of failed for thirty (30) days after it is due to render an account or make a return, the court may, upon reasonable notice to the guardian, remove him, and compel him to surrender the estate of the ward to the person found to be lawfully entitled thereto. A guardian may resign when it appears proper to allow the same; and upon his resignation or removal the court may appoint another in his place.

Sec. 3. Other termination of guardianship. – The marriage or voluntary emancipation of a minor ward terminates the guardianship of the person of the ward, and shall enable the minor to administer his property as though he were of age, but he cannot borrow money or alienate or encumber real property without the consent of his father or mother, or guardian. He can sue and be sued in court only with the assistance of his father, mother or guardian. The guardian of any person may be discharged by the court when it appears, upon the application of the ward or otherwise, that the guardianship is no longer necessary.

Sec. 4. Record to be kept by the justice of the peace or municipal judge. – When a justice of the peace or municipal court takes cognizance of the proceedings in pursuance of the provisions of these rules, the record of the proceedings shall be kept as in the court of first instance.

Sec. 5. Service of judgment. – Final orders or judgments under this rule shall be served upon the civil registrar of the municipality or city where the minor or incompetent person resides or where his property or part thereof is situated.

General powers and duties of guardians

General powers and duties of guardians

The powers and duties of a guardian are:

  1. To have care and custody over the person of his ward, and/or the management of his estate (Sec. 1, Rule 96, RoC);
  2. To pay the just debts of his ward out of the latter’s estate (Sec. 2, Rule 96, RoC);
  3. To bring or defend suits in behalf of the ward, and, with the approval of the court, compound for debts due the ward and give discharges to the debtor (Sec. 3, Rule 96, RoC);
  4. To manage the estate frugally and without waste, and apply the income and profits to the comfortable and suitable maintenance of the ward and his family (Sec. 4, Rule 96, RoC);
  5. To sell or encumber the real estate of the ward upon being authorized to do so (Sec. 4, Rule 96, RoC); and
  6. To join in an assent to a partition of real or personal estate held by the ward jointly or in common with others (Sec. 5, Rule 96, RoC).

SPECIAL PROCEEDINGS (New Era University College of Law) – ASSIGNED TOPICS AND CASES for OCTOBER 25, 2016

SPECIAL PROCEEDINGS (New Era University College of Law) – ASSIGNED TOPICS AND CASES for OCTOBER 25, 2016

I. Escheat (Rule 91)

·         Municipal Council of San Pedro, Laguna v. Colegio de San Jose, GR L-45460. Feb. 25, 1938, 65 Phil. 318

·         RCBC v. Hi-Tri Development Corp., GR 192413. June 13, 2012, 672 SCRA 514

A.      When to file

B.      Requisites for filing petition

·         City of Manila v. Roman Catholic Archbishop of Manila, GR L-10033. Aug. 30, 1917

C.      Remedy of respondent against petition; period for filing a claim

·         Balais-Mabanag v. Register of Deeds of Quezon City, GR 153142. Mar. 29, 2010, 617 SCRA 1

     II.                  Guardianship (Rules 92-97)

·         Francisco v. CA, GR L-57438. Jan. 3, 1984, 212 Phil. 346

·         Government of the Philippine Islands v. El Monte De Piedad y Caja De Ahorras De Manila, GR L-9959. Dec. 13, 1916, 35 Phil. 72

A.      General powers and duties of guardians

B.      Conditions of the bond of the guardian

C.      Rule on Guardianship over minor (AM 03-02-05-SC)

·         Cabales v. CA, GR 162421. Aug. 31, 2007, 531 SCRA 691

·         Hernandez v. San Juan-Santos, GR 166470, Aug. 7, 2009, 595 SCRA 464

·         People v. Flores, GR 188315. Aug. 25, 2010, 629 SCRA 478

·         Uy v. CA, GR 109557. Nov. 29, 2000, 346 SCRA 246

Requisites for the filing of petition

Requisites for the filing of petition

 In order that a proceeding for escheat may prosper, the following requisites must be present:

(a)    That a person died intestate;

(b)   That he left no heirs or person by law entitled to the same; and

(c)    That the deceased left properties (City of Manila v. Roman Catholic Archbishop of Manila, GR 10033. Aug. 30, 1917, 36 Phil. 815).



Escheat defined

Escheat is a proceeding whereby the real and personal property of a deceased person become the property of the State upon his death without leaving any will or legal heirs. It is not an ordinary action but a special proceeding which should be commenced by petition and not by complaint (Municipal Council of San Pedro, Laguna v. Colegio de San Jose, GR L-45460. Feb. 25, 1938, 65 Phil. 318).

Escheat proceedings also refer to the judicial process in which the state, by virtue of its sovereignty, steps in and claims abandoned, left vacant or unclaimed property without an interested person having a legal claim thereto (RCBC v. Hi-Tri Development Corp., GR 192413. June 13, 2012, 672 SCRA 514).

Nature of escheat proceedings

Escheat is not an ordinary action but a special proceeding. The proceeding should be commenced by petition and not by complaint.

In a special proceeding, the petitioner is not the sole and exclusive interested party. Any person alleging to have a direct right or interest in the property sought to be escheated is likewise an interested party and may appear and oppose the petition for escheat (Municipal Council of San Pedro, Laguna v. Colegio de San Jose, Inc., supra.).

Escheat proceeding an exercise of state sovereignty

Escheat is a proceeding, unlike that of succession or assignment, whereby the state, by virtue of its sovereignty, steps in and claims the real or personal property of a person who dies intestate leaving no heir. In the absence of a lawful owner, a property is claimed by the state to forestall an open “invitation to self-service by the first comers.”

Since escheat is one of the incidents of sovereignty, the state may, and usually does, prescribe the conditions and limits the time within which a claim to such property may be made. The procedure by which the escheated property may be recovered is generally prescribed by statue and a time limit is imposed within which such action must be brought (Republic v. CA, GR 143483. Jan. 31, 2002, 375 SCRA 484).

Distribution and Partition (Rule 69)



Section 1. Complaint in action for partition of real estate. — A person having the right to compel the partition of real estate may do so as provided in this Rule, setting forth in his complaint the nature and extent of his title and an adequate description of the real estate of which partition is demanded and joining as defendants all other persons interested in the property. (1a)

Section 2. Order for partition and partition by agreement thereunder. — If after the trial the court finds that the plaintiff has the right thereto, it shall order the partition of the real estate among all the parties in interest. Thereupon the parties may, if they are able to agree, make the partition among themselves by proper instruments of conveyance, and the court shall confirm the partition so agreed upon by all the parties, and such partition, together with the order of the court confirming the same, shall be recorded in the registry of deeds of the place in which the property is situated. (2a)

A final order decreeing partition and accounting may be appealed by any party aggrieved thereby. (n)

Section 3. Commissioners to make partition when parties fail to agree. — If the parties are unable to agree upon the partition, the court shall appoint not more than three (3) competent and disinterested persons as commissioners to make the partition, commanding them to set off to the plaintiff and to each party in interest such part and proportion of the property as the court shall direct. (3a)

Section 4. Oath and duties of commissioners. — Before making such partition; the commissioners shall take and subscribe an oath that they will faithfully perform their duties as commissioners, which oath shall be filed in court with the other proceedings in the case. In making the partition, the commissioners shall view and examine the real estate, after due notice to the parties to attend at such view and examination, and shall hear the parties as to their preference in the portion of the property to be set apart to them and the comparative value thereof, and shall set apart the same to the parties in lots or parcels as will be most advantageous and equitable, having due regard to the improvements, situation and quality of the different parts thereof. (4a)

Section 5. Assignment or sale of real estate by commissioners. — When it is made to appear to the commissioners that the real state, or a portion thereof, cannot be divided without prejudice to the interests of the parties, the court may order it assigned to one of the parties willing to take the same, provided he pays to the other parties such amount as the commissioners deem equitable, unless one of the interested parties asks that the property be sold instead of being so assigned, in which case the court shall order the commissioners to sell the real estate at public sale under such conditions and within such time as the court may determine. (5a)

Section 6. Report of commissioners; proceedings not binding until confirmed. — The commissioners shall make a full and accurate report to the court of all their proceedings as to the partition, or the assignment of real estate to one of the parties, or the sale of the same. Upon the filing of such report, the clerk of court shall serve copies thereof on all the interested parties with notice that they are allowed ten (10) days within which to file objections to the findings of the report, if they so desire. No proceeding had before or conducted by the commissioners and rendered judgment thereon. (6a)

Section 7. Action of the court upon commissioners report. — Upon the expiration of the period of ten (10) days referred to in the preceding section or even before the expiration of such period but after the interested parties have filed their objections to the report or their statement of agreement therewith the court may, upon hearing, accept the report and render judgment in accordance therewith, or, for cause shown recommit the same to the commissioners for further report of facts; or set aside the report and appoint new commissioners; or accept the report in part and reject it in part; and may make such order and render such judgment as shall effectuate a fair and just partition of the real estate, or of its value, if assigned or sold as above provided, between the several owners thereof. (7)

Section 8. Accounting for rent and profits in action for partition. — In an action for partition in accordance with this Rule, a party shall recover from another his just share of rents and profits received by such other party from the real estate in question, and the judgment shall include an allowance for such rents and profits. (8a)

Section 9. Power of guardian in such proceedings. — The guardian or guardian ad litem of a minor or person judicially declared to be incompetent may, with the approval of the court first had, do and perform on behalf of his ward any act, matter, or thing respecting the partition of real estate, which the minor or person judicially declared to be incompetent could do in partition proceedings if he were of age or competent. (9a)

Section 10. Costs and expenses to be taxed and collected. — The court shall equitably tax and apportion between or among the parties the costs and expenses which accrue in the action, including the compensation of the commissioners, having regard to the interests of the parties, and execution may issue therefor as in other cases. (10a)

Section 11. The judgment and its effect; copy to be recorded in registry of deeds. — If actual partition of property is made, the judgment shall state definitely, by metes and bounds and adequate description, the particular portion of the real estate assigned to each party, and the effect of the judgment shall be to vest in each party to the action in severalty the portion of the real estate assigned to him. If the whole property is assigned to one of the parties upon his paying to the others the sum or sums ordered by the court, the judgment shall state the fact of such payment and of the assignment of the real estate to the party making the payment, and the effect of the judgment shall be to vest in the party making the payment the whole of the real estate free from any interest on the part of the other parties to the action. If the property is sold and the sale confirmed by the court, the judgment shall state the name of the purchaser or purchasers and a definite description of the parcels of real estate sold to each purchaser, and the effect of the judgment shall be to vest the real estate in the purchaser or purchasers making the payment or payments, free from the claims of any of the parties to the action. A certified copy of the judgment shall in either case be recorded in the registry of deeds of the place in which the real estate is situated, and the expenses of such recording shall be taxed as part of the costs of the action. (11a)

Section 12. Neither paramount rights nor amicable partition affected by this Rule. — Nothing in this Rule contained shall be construed so as to prejudice, defeat, or destroy the right or title of any person claiming the real estate involved by title under any other person, or by title paramount to the title of the parties among whom the partition may have been made, nor so as to restrict or prevent persons holding real estate jointly or in common from making an amicable partition thereof by agreement and suitable instruments of conveyance without recourse to an action. (12a)

Section 13. Partition of personal property. — The provisions of this Rule shall apply to partitions of estates composed of personal property, or of both real and personal property, in so far as the same may be applicable. (13)

Liquidation of the estate; distribution of decedent’s assets

Liquidation of the estate; distribution of decedent’s assets

Prerequisite stages prior to the distribution of the estate

Before there could be a distribution of the estate, the following two (2) stages must be followed:

  1. Payment of obligations or liquidation of the estate. Under the Rules, the distribution of a decedent’s assets may only be ordered under any of the following three (3) circumstances:

(a) when the inheritance tax, among other taxes, is paid;

(b) when a sufficient bond is given to meet the payment of the inheritance tax and all other obligations; and

(c) when the payment of the said tax and all other obligations has been provided for (Vera v. Navarro, GR L-27745. Oct. 18, 1977, 79 SCRA 408); and

2. Declaration of heirs. There must first be a declaration of heirs to determine to whom the residue of the estate should be distributed. A separate action for the declaration of heirs is not proper (Pimentel v. Palanca, GR 2108. Dec. 19, 1905, 5 Phil. 436) and likewise, after, not before, the declaration of heirs is made may the residue be distributed and delivered to the heirs (Castillo v. Bolaños, GR 42435. Dec. 21, 1935, 62 Phil. 641).