A. Obligations

Duty of the Court after appointing the representative

The Court shall:

• Take the necessary measures to safeguard the rights and interests of the absentee;
• Specify the powers, obligations, and remuneration of the representative;
• Regulate the powers, obligations and remuneration according to the circumstances by the rules concerning guardians. (NCC, Art. 382)

Obligations arise from: (L-CQAQ)

• Law;
• Contracts;
• Quasi-contracts;
• Acts or omissions punished by law; and
• Quasi-delicts

NOTE: The list is exclusive. (Sagrado Orden v. Nacoco, G.R. No. L-37756)

Rule in case of multiple obligees with one and the same obligor:

General rule: The obligor must satisfy all the claims

Exception: In case the obligor has no sufficient means to satisfy all claims, the order in Article 199 of the Family Code shall be followed

• Exception: Between the spouse and a child subject to parental authority, the child is preferred. (Family Code, Art. 200, last paragraph)

Any person who is constrained to pay the taxes of another shall be entitled to reimbursement from the latter (Art. 2175, NCC)

For example, A is the neighbor of G whose property is about to be forfeited to the government because of unpaid real estate taxes. A can pay the taxes, but G must reimburse him. (Sta. Maria, 2017)

Approve Compromise in Special Cases

The court's approval is necessary in compromises entered into by guardians, parents, absentee's representatives, and administrators or executors of decedent's estates. [Art. 2032, CC]