Special Proceedings
Special Proceedings
Special Proceedings
A person having custody of a will after the death of the testator who neglects without Rodriguez vs. Borja
reasonable cause to deliver the same, when ordered so to do, to the court having jurisdiction, Jurisdiction of the probate court becomes vested upon the delivery thereto of the will even if
may be committed to prison and there kept until he delivers the will. (Sec. 5, Rule 75) no petition for its probate was filed until later because upon the will being deposited the court
could, motu proprio, have taken steps to fix the time and place for proving the will and issued
Aldanese vs. Salutillo : The testimony of the photographer as to the identity of the photographic the corresponding notices.
copy shown to the witnesses, is admissible in the probate of the will.
Fernandez vs. Dimagiba
JURISPRUDENCE: A probate decree finally and definitively settles all questions concerning capacity of the
testator and the proper execution and witnessing of his last will and testament, irrespective of
Cabang vs. Delfinado whether its provisions are valid and enforceable or otherwise.
The party opposing the claim of proper execution of the will has a right to the benefit of cross- The probate order is final and is a proper subject of an appeal.
examining the attesting witnesses as to fraud, duress, or other matters of defense. Only total and absolute revocation will be a ground for denying probate, and an implied
revocation can affect only the particular devise or legacy.
Nepomuceno vs. Court of Appeals : Where the parties agree that the intrinsic validity be first
PROBATE determined, the probate court may also do so.
It is the act of proving in a court a document purporting to be the last will and testament of a
deceased person in order that it may be officially recognized, registered and its provisions carried MEANING OF DUE EXECUTION
insofar as they are in accordance with law. 1. Will was executed strictly in accordance with the formalities required by law
2. Testator was of sound mind and disposing mind when he executed the will
Section 1 3. No vitiation of consent though duress, fear or threats
4. Not procured by undue or improper pressure or influence on the part of the beneficiary, or
WHO MAY PETITION FOR THE ALLOWANCE OF A WILL: some other person for his benefit
1. Any creditor as preparatory step for filing his claim therein; 5. Signature of the testator is genuine
2. Devisee or legatee named in the will
3. Person interested in the estate (heirs) Section 3
4. Executor
5. Testator himself during his lifetime.
FILED BY THIRD PERSON FILED BY TESTATOR HIMSELF
Notice published once a week for Newspaper publication not
INTERESTED PARTY
3 consecutive weeks required
Sumilang vs. Ramagosa : One who would be benefited by the estate, such as an heir, or one
Personal notice given to Personal notice sent only to
who has a claim against the estate, such as a creditor.
designated/known heirs, legatees testator‟s compulsory heirs
and devisees
WHO MAY BE A PARTY IN A PROBATE:
Any person having a direct and material interest in the will or estate.
WHEN DOES COURT ACQUIRE JURISDICTION:
Section 2 Upon PUBLICATION for 3 weeks successively of the order setting the case for hearing AND
sending of NOTICES (20 days before hearing by mail, 10 days before by personal notice) to all
CONTENTS OF PETITION FOR PROBATE: persons interested.
1. Jurisdictional facts
2. Names, ages, and residences of the heirs, legatees, and devisees of the testator or deceased Section 4
3. Probable value and character of the property of the estate
4. Name of the person for whom letters are prayed MODES OF NOTIFICATION
5. Name of the person having custody of the will if it has not been delivered to the court 1. By mail – 20 days before hearing
2. By personal service – 10 days before hearing
GRACE XAVIERE E. ESCOSIA / ATENEO LAW 3A 2011 Page 9
Section 5 4. Procured by undue and improper influence and pressure on the part of the beneficiary or of
some other person for his/her benefit;
At the hearing, compliance of publication and notice must first be shown before introduction of 5. Signature of testator was procured by fraud/trick and she/he did not intend instrument to be
testimony in support of the will. will.
EVIDENCE IN SUPPORT OF EVIDENCE IN SUPPORT OF SUBTANTIAL COMPLIANCE RULE
PROBATE OF UNCONTESTED PROBATE OF CONTESTED WILL If the will has been executed in substantial compliance with the formalities of the law, and the
WILL possibility of bad faith and fraud is obviated, said will should be admitted to probate.
NOTARIAL WILL Testimony of at least 1 of the All subscribing witnesses and
subscribing witnesses notary public before whom the Section 10
3. All reside outside the province will is acknowledged.
– Deposition is allowed Will may still be allowed if the CONTESTANT TO FILE GROUNDS OF CONTEST
4. Are dead, insane, or none of Court is satisfied from the 1. State in writing his grounds for opposing the allowance of the will, and
them resides in the Philippines testimony of other witnesses 2. Serve a copy thereof to petitioner and other interested parties
– Admit testimony of other and from all the evidence
witnesses to prove the sanity presented that the will was Section 12
of testator and the due executed and attested in the
execution of the will; and manner required by law EVEN If there is NO CONTEST, the fact that the testator affirms that the holographic will and the
- Admit proof of the IF any of the witnesses signature are in his own handwriting shall be sufficient evidence of the genuineness and due
handwriting of the - Testify against, execution thereof.
testator and of the - Do not remember, or
subscribing witnesses or - Of doubtful credibility In case of CONTEST, the burden of proof is on the contestant.
of any of them
HOLOGRAPHIC Testimony of 1 witness who knows Testimony of 3 witnesses JURISPRUDENCE:
WILL the handwriting and signature of the (mandatory, Codoy vs. Calugay)
testator. In the absence thereof, who knows the handwriting and Manalo vs. Paredes
testimony of an expert witness signature of the testator. In the The proceeding for the probate of a will is a proceeding in rem, and the court acquires
absence thereof, testimony of an jurisdiction over all the persons interested through the publication of the notice, and any order
expert witness. that may be entered is binding against all of them.
GR: If a holographic will is destroyed, it can no longer be probated. Basa vs. Mercado
EX: If there exists a Photostatic or Xerox copy thereof (Gan vs. Yap) 3 weeks successively is NOT strictly 21 days. It is sufficient that publication has been made
once a week successively three times, even if less than 21 days intervened between first and
Section 6 last publication.
A newspaper is of general circulation where it is published for the dissemination of local news
HOW WILL IS PROVEN AS LOST OR DESTROYED: and general information and it is not devoted to the interest or publication for the
1. Will has been duly executed by the testator entertainment of a particular class, profession, trade, calling, race or religious denomination
2. Prove that will: and is published at regular intervals. The law does not require that publication of the notice
i. Was in existence at time of testator‟s death, OR should be made in the newspaper with the largest numbers is necessary to constitute a
ii. Was fraudulently or accidentally destroyed in testator‟s lifetime without his knowledge; newspaper of general circulation.
3. Provisions of will must be clearly and distinctly proven by at least 2 credible witnesses
Santos vs. Castillo
Section 9 In order that the court may acquire jurisdiction over the case for the probate of a will and for
the administration of the properties left by a deceased person, the application must allege, in
GROUNDS FOR DISALLOWANCE OF A WILL: addition to the residence of the deceased and other indispensable facts or circumstances,
1. Not executed and attested as required by law; that the applicant is the executor in the will or is the person who had custody of the will to be
2. Testator was mentally incapacitated to make a will or insane at the time of execution; probated. The original of said document must be presented or sufficient reasons given to
3. Executed under duress, influence of fear, or threats;
GRACE XAVIERE E. ESCOSIA / ATENEO LAW 3A 2011 Page 10
justify the nonrepresentation of said original and the acceptance of the copy or duplicate RULE 77
thereof.
In re Estate of Deceased Jose B. Suntay NECESSARY EVIDENCE FOR THE REPROBATE OF WILL:
A proceeding for probate is one in rem and for the validity of such proceedings, personal 1. Testator was domiciled in the foreign country;
notice or by publication or both to all interested parties must be made. 2. Will has been admitted to probate in such country;
3. Foreign country was, under the laws of such country, a probate court with jurisdiction;
Perez vs. Perez 4. Law on foreign probate procedure and proof of compliance therewith;
The court acquires jurisdiction over all persons interested in the estate through the 5. Legal requirements in said country for valid execution of will.
publication of the petition in the newspapers. Service of notice on individual heirs or legatees
or devisees is a matter of procedural convenience. Section 2
Solivio vs. Court of Appeals Suntay vs. Suntay : For a will probated abroad to be admitted by our courts to probate, it must be
It is the order of distribution directing the delivery of the residue of the estate to the persons clearly and distinctly established that it was duly admitted to probate in such foreign country.
entitled thereto that brings to a close the intestate proceedings puts an end to the
administration and thus far relieves the administrator from his duties. Section 3
Heirs of Fran vs. Salas The will shall have the same effect as if originally proved and allowed in court of the Phils.
The decree of probate is conclusive upon the due execution of the will and it cannot be
impugned on any of the grounds authorized by law, except that of fraud, in any separate or Section 4
independent action or proceeding.
HOW ESTATE IS ADMINISTERED:
De Perez vs. Tolete 1. Letters testamentary or administration with a will annexed shall extend to all estate of the
The collateral heirs had a right to intervene as parties interested in the estate. They are Philippines
entitled to notice. 2. Such estate, after the payment of just debts and expenses of administration, shall:
i. Disposed according to the will, so far as such will may operate upon it, and
Ajero vs. Court of Appeals ii. Residue, if any, shall be disposed of as provided by law
Holographic wills only need to conform with Art. 810 of the NCC. Failure to strictly observe
other formalities will not result in the disallowance of a holographic will that is unquestionably Related Civil Code Provisions:
handwritten by the testator.
Art. 815.
When a Filipino is in a foreign country
RULE 79 Section 6
Letters can be granted to any person or any other applicant even if other competent persons
Section 1 are present if the latter fail to claim their letters when notified by the court.
MAIN ISSUE : Determination of the person who is rightfully entitled to administration JURISPRUDENCE :
PERSON TO OPPOSE THE ISSUANCE OF LETTERS : Any person interested in the will Trillana vs. Crisostomo
In civil actions and special proceedings, unless otherwise provided by law, the interest in
Section 2 order that a person may be a party on appeal must be material and direct and not indrect or
contingent.
CONTENTS OF PETITION FOR ISSUANCE OF LETTERS OF ADMINISTRATION: The revoked will may be probated and allowed onluy if the subsequent revoking will is
1. Jurisdictional facts; disallowed.
i. Person on whose estate the letters are prayed is in fact dead,
ii. At the time of the death, he was a resident of the country wherein letters are prayed for, Gutierrez vs. Villegas
or In this case the deed of assignment was executed during the pendency of the proceedings.
iii. If a non-resident, he left assets in such country. The transaction or deed of assignemnt is in the nature of an extrajudicial partition, court
2. Names, ages and residences of heirs, and creditors; approval is necesary, and the heirs cannot just divest the court of its jurisdiction over the
3. Probable value and character of property of estate; AND estate and over their persons, by the mere act of assignment. Even if the partition had been
4. Name of person for whom letters are prayed. judicially approved on the basis of the alleged deed of assignment, an aggrieved heir does not
lose her standing in the probate court.
No defect in the petition shall render void the issuance of the letters of administration.
Duran vs. Duran
NOTE: Essentially the same as contents of petition for probate, EXCEPT: (1) latter has an In this case the deed of assignment was executed when there was no settlement proceedings
additional requirement (the last; see Rule 76); and (2) in the latter, no need to name creditors in the pending.
petition. The properties subject matter of the assignemnt were not under the jurisidction of the
settlement court. Allowing that the assignment must be deemed a partition as between the
Section 3 (Jurisdictional) asisgnor and assignee, the same does not need court approval to be effective as between the
parties.
REQUIRED BEFORE HEARING: The heir is no longer considered „an interested person‟ qualified to file a peition for letters of
1. Publication for 3 weeks adminsitration.
2. Notice to heirs, creditors and other persons believed to have an interest in the estate
Pilipinas Shell vs. Dumlao
Section 4 The allegation that a petitioner seeking letters of administration is an interested person does
not fall within the enumeration of jurisdictional facts.
GROUNDS FOR OPPOSITION: Objection to the capacity of the petitioner to institute the petition can be waived or the
1. In Letters Testamentary: oppositor estopped from raising it where they did not raise it until after letters were already
i. Incompetence issued.
GRACE XAVIERE E. ESCOSIA / ATENEO LAW 3A 2011 Page 14
Chua vs. Court of Appeals Section 2
Since the original petition alleged substantially all the facts required to be stated in the petition
for letters of administration, there was no need to publish the amended petition. POWERS AND DUTIES OF SPECIAL ADMINISTRATOR:
Only an heir or creditor can oppose the issuance of letters of administration as they are the 1. Take possession and charge of the goods, chattels, rights, credits, and estate of the
only ones who would be benefited by the estate. deceased
2. Preserve the same for the executor or administrator afterwards appointed
RULE 80 3. Commence and maintain suit for the estate
4. Sell ONLY:
i. Perishable property, and
SPECIAL ADMINISTRATOR
ii. Other property ordered sold by the court
He is appointed when there is a delay in granting letters testamentary or of administration by any
5. Pay debts ONLY as may be ordered by the court.
cause, including an appeal from the allowance or disallowance of the will.
Liwanag vs. Reyes: Special administrator may be made a defendant in foreclosure suit.
Section 1
Section 3
WHEN MAY A PROBATE COURT APPOINT A SPECIAL ADMINISTRATOR:
WHEN DOES THE POWER OF A SPECIAL ADMINISTRATOR CEASE:
1. Delay in granting of letters by any cause including appeal in the probate of the will
After the questions causing the delay are resolved and letters are granted to regular executor or
2. Executor is a claimant of the estate he represents
administrator.
De Guzman vs. Angeles : Prior to the publication of the notice of hearing on the petition for
It is possible for the executor or administrator whose appointment is challenged by appeal to
settlement of the estate of the decedent, the probate court cannot appoint a special administrator
be appointed also as the special administrator pending such appeal.
because the court has not acquired jurisdiction over persons interested in the estate.
De La Cavada vs. Butte : It is possible for a legatee to intervene in the appointment of an
ORDER OF APPOINTMENT (Discretionary)
administrator because the legacy gives him sufficient personality to act in protection of his rights
Pijuan vs. De Gurrea :The preference accorded by Sec. 6, Rule 78 to surviving spouse refers to
granted by the will.
the appointment of a regular administrator, NOT to that of special administrator, and that the order
appointing the latter lies within the discretion of the probate court, and is not appealable.
Rule 86, Sec. 6. Solidary obligation of decedent.
Where the obligation of the decedent is solidary with another debtor,
Corona vs. Court of Appeals : The executrix‟s choice of special administrator is entitled to the
- Claim shall be filed against the decedent as if he were the only debtor,
highest consideration.
- Without prejudice to the right of the estate to recover contribution from the other debtor
In a joint obligation of the decedent,
Administrator Special Administrator - Claim shall be confined to the portion belonging to him.
May be subject of appeal Not subject of appeal; Merely an
interlocutory order JURISPRUDENCE:
One of the obligations is to pay
Cannot pay debts of the estate
the debts of the estate Matias vs. Gonzales
Appointed when deceased died GR: Only one special administrator may be appointed to administer an estate temporarily.
Appointed when there is delay in
intestate or did not appoint an EX: If there are two factions among the heirs and the court deems it best to appoint more than
granting letters testamentary or
executor in the will or will was one special administrator, justice and equity demand that both factions be represented in the
administration
disallowed management of the estate of the deceased.