SpecPro - Reviewer MIDTERMS

Special Proceedings (Based on FESTIN 2015; Syllabus by Atty.
Stephen Valera)
CAROL MORALES, KAREN UMANGAY, JOSIAH QUISING
Can the probate court issue writs of execution?

Contents ....................................................................... 9
RULE 72 | Subject Matters and Applicability of Presumption of Death .................................... 9
General Rules ..................................................... 5 Is Partition proper when there remains an
Special Proceeding ......................................... 5 issue as to the expenses chargeable to the
Are List of Subject Matter in Rule 72 estate? ............................................................ 9
Exclusive? ...................................................... 5 RULE 74| Summary Settlement of Estates ...... 10
Distinguished civil action from special Rule with respect to the estate left by the
proceeding ...................................................... 5 decedent ....................................................... 10
Determination of legal heirs of the deceased . 5 Affidavit of self adjudication ....................... 11
Exception to the Rule on the Need to Institute Presumption that the decedent left no debts 11
a Separate Proceeding for the Determination If the claimant is a minor or an incapacitated
of Heirship ..................................................... 5 person........................................................... 11
Liquidation Proceeding, is it Ordinary Action RULE 75| Production of Will; Allowance of
or Special Proceeding? ................................... 5 Will Necessary................................................. 12
Proceeding before Shari’a Court against a A. Explain Probate or Allowance of Wills ... 12
Deceased, an ordinary action or Special
Proceeding...................................................... 5 Concept and Extent of “Due Execution” ..... 12
Are Rules in Civil Action applicable in Formalities of a will ................................. 13
Special Proceeding ......................................... 6 B. Intrinsic Validity ...................................... 13
RULE 73| Subject of Estate of Deceased Persons C. Doctrine of Estoppel in Probate
6 Proceedings...................................................... 13
A. Special Proceedings Relative to the D. Limited Jurisdiction ................................. 13
Settlement of Estate of Deceased Persons. ........ 6
Principle of Exclusionary Rule .................... 14
Claims against the deceased; When ............... 6
E. Duty of a Custodian and Executor of a Will
Jurisdiction ..................................................... 6 14
Venue ............................................................. 6 May MANDAMUS compel the production
Definition of “Resides” .................................. 6 of the original will?.................................. 14
COMPARATIVE TABLE ON RULE 76 | Allowance or Disallowance of Will
JURISDICTION AND VENUE IN SPECIAL 15
PROCEEDINGS ............................................ 7 Who man Petition for the allowance of Will?
Possible consequences if a will is later ..................................................................... 15
discovered in the course of intestate Who is a “person interested in the estate”?.. 15
proceedings .................................................... 8
Probate of a Will .......................................... 15
What must be done if the notarial will is
Is probate subject to prescription? ........... 15
contested ........................................................ 8
Petition for the allowance of the Will must
If Holographic Will is contested ................ 9
show:............................................................ 15
1
Special Proceedings (Based on FESTIN 2015; Syllabus by Atty. Stephen Valera)
Do rules require proof that the foreign will Letters of Testamentary ........................... 18
has been probated in the foreign country? ... 16 Letters of Administration ......................... 18
Bar Question: What are the Jurisdictional Rule if some co-executors are disqualified .. 18
facts that must be alleged in a petition for
the allowance of the will? ........................ 16 Order of preference in granting letters of
administration under Section 6 if no executor
Nature of Probate Proceeding ...................... 16 is named in the will or the executor is
How may a lost will be probated? ............ 16 incompetent, refuses the trust, or fails to give
Bar Question: What are the requisites in bond, or a person dies intestate: ................... 18
order that a lost or destroyed will may be Is the rule on order of preference absolute?
probated? .................................................. 16 ................................................................. 19
Bar Question: Sufficient to disallow a will Other instances when the court may set aside
on the ground of mistake.......................... 16 the order of preference:................................ 19
Bar Question: May an order denying the Scope or limit of administration .............. 19
probate of a will still be overturned after RULE 79 | Opposing Issuance of Letters
period to appeal therefrom has lapsed? Testamentary Petition and Contest for Letters of
Why? ........................................................ 16 Administration ................................................. 20
Who are entitled to notice of time and place of A. Who may file a Petition for Letters of
probate proceeding? ..................................... 16 Administration? ............................................... 20
RULE 77| Allowance of Will Proved Outside B. Who is an “interested party” in estate
the Philippines and Administration of Estate proceedings? .................................................... 20
Thereunder ....................................................... 17
“Any interested person” or “any person
A Will was probated in a Foreign Country. interested in the estate” ................................ 20
Must it be re-probated in the Philippines? ... 17
Remedy given to a creditor or any interested
What must the proponent prove during a person to protect his interest in the estate .... 21
reprobate?..................................................... 17
Right of the testator to appoint an executor
Effects of allowance of a Will.................. 17 over his property .......................................... 21
May a will executed by foreigners abroad C. Contents of a petition for letters of
be probated in the Philippines even if not administration: ................................................. 21
yet proved and allowed in the country of
execution? ................................................ 17 D. Who may file an OPPOSITION to the
issuance of letters testamentary? ..................... 21
Can our courts take judicial notice of foreign
laws? ............................................................ 17 Grounds for opposition of a Petition for
administration: ............................................. 21
What is the duty of the petitioner in a probate
proceeding? .................................................. 17 RULE 80 | Special Administrator .................... 22
RULE 78| Letters Testamentary and of A. Special Administrator .............................. 22

Administration, When and To Whom Issued... 18 B. Regular Administrator v. Special
Who may administer the estate: ................... 18 Administrator ................................................... 22
Who are incompetent to serve as executors or C. Special Co-Administrators....................... 22

administrators? ............................................. 18 D. REMEDY ................................................ 22
2
RULE 81| Bonds of Executors and ACCOUNTABILITY AND COMPENSATION

Administrators.................................................. 23 OF EXECUTORS AND ADMINISTRATORS
A. Conditions of a Bond ............................... 23 27
B. Purpose of a bond..................................... 23 What are administration expenses? ............. 27
RULE 82| Revocation of Administration, Death, Necessary Expenses ..................................... 27

Resignation, and Removal of Executors and Remedies to collect attorney’s fees in the
Administrators.................................................. 24 estate proceeding ......................................... 27
Effect of discovery of a will to the Letters of Remedies: ................................................ 28
Administration previously granted............... 24 When should an executor or administrator ...... 28
Consequence if a will is later discovered render an account? ........................................... 28
during the intestate proceedings................... 24
Administrator’s duty to render an accounting:
Purpose of administration ............................ 24 ..................................................................... 28
Liquidation ................................................... 24 Is the one year period to render an accounting
Grounds wherein a court may remove or mandatory? .................................................. 28
accept resignation of executor /administrator May a party whose claim is contingent
..................................................................... 24 compel the administrator to render an
Examples of valid grounds for removal of an accounting? .................................................. 28
administrator by the probate court ............... 25 To whom notice must be given: (Sec. 10 Rule
RULE 83| Inventory and Appraisal Provision for 85) ................................................................ 28
Support of Family ............................................ 25 To what instances are interested parties
Executor or administrator is duty bound to entitled to notice: ......................................... 28
make a return of the inventory and appraisal RULE 86 | Claims against the Estate ............... 29
of the estate .................................................. 25
A. Equitable Lien of Creditors ..................... 29
Articles which need not be inventoried: ...... 25
Statute of Non-Claims ................................. 29
Property claimed by a 3rd person ................ 25
Period to file the Claim ............................ 29
RULE 84| GENEREAL POWERS AND
DUTIES OF EXECUTOR AND Extension of Period.................................. 29
ADMINISTRATOR ........................................ 26 Publication of Notice ............................... 29
General Powers and Duties of executors and B. Types of Claim that must be filed with the
administrators............................................... 26 probate court under the Notice ........................ 29
Is the right of an executor and administrator to Rule 86, Section 5 vs. Rule 6, Section 11 .... 29
the possession and management of properties
“Money Claims”; Definition........................ 30
left by the deceased absolute? ...................... 26
C. Contingent Claim ..................................... 30
In the exercise of the powers of administration
by the executor or administrator, should there Distinct and Alternative Remedies Available
be leave of court? ......................................... 27 to a Mortgage Creditor Upon Mortgagor’s
Death............................................................ 30
RULE 85| ......................................................... 27
D. Appeal...................................................... 30
3
RULE 87| Actions by and Against Executors

and Administrator ............................................ 31
A. Actions Against the Executor or
Administrator ................................................... 31
Actions that may NOT be brought the
Executor or Administrator ........................... 31
Standing of Heirs ..................................... 31
Right of the Administrator to the Production
and Examination of Specified Documents ... 31
Donee Inter Vivos .................................... 31
RULE 88 | Payment of the Debts of the Estate 32
A. Power to Issue Writ of Execution to Pay
Claims .............................................................. 32
Proper procedure for the payment of debts and
expenses of administration ........................... 32
B. Persons authorized to dispose of the
properties of the estate ..................................... 32
Is the heir or distributee liable for
outstanding claims against the estate? ..... 32
RULE 89 | Sales, Mortgages, and Other
Encumbrances of Property Decedent ............... 33
A. Mandatory Requirement to Effect
Authority of the Sale or Encumbrance of Real
Property ............................................................ 33
4
RULE 72 | Subject Matters and The Declaration of Heirship can be made in a

special proceeding because the petitioner here
Applicability of General Rules are seeking the establishment of status or right.
Special Proceeding Exception to the Rule on the Need to Institute
It is an application to establish the status or right a Separate Proceeding for the Determination
of a party or a particular fact or any for remedy of Heirship
other than an ordinary suit in a court of justice. The institution of separate proceeding may be
dispensed with for the sake of practicality, as
Are List of Subject Matter in Rule 72 when the parties in the civil case had voluntarily
Exclusive?
submitted the issue to the trial court and already
No. Any petition which has for its main purpose
presented their evidence regarding the issue of
the establishment of status or right or a
heirship, and the RTC had consequently
particular fact may be included as special
rendered judgment thereon, or when special
proceeding. (Example: Declaration of nullity of
proceeding had been instituted but had been
Marriage; it seeks to establish a status, a right or
finally closed and terminated, hence cannot be
a particular fact.)
re-opened.
Distinguished civil action from special
Liquidation Proceeding, is it Ordinary Action
proceeding
or Special Proceeding?
1. Spec Pro under the same rule provides
It should be classified as Special Proceeding.
that it is a remedy by which a party
Such petition does not seek the enforcement or
seeks to establish a status, a right or a
protection of rights, it does not pray for
particular fact. Civil Action is one by
affirmative relief for an injury arising form a
which a party sues another for the
party’s wrongful act.
enforcement or protection of a right, or
the prevention or redress of a wrong. Proceeding before Shari’a Court against a
2. Unlike actions, Spec Pro is generally Deceased, an ordinary action or Special
commenced by application, petition or Proceeding
special form of pleading as may be The settlement of estate is deemed a special
provided for by a particular rule or law. proceeding.
3. In Spec Pro, it does not pray for
MONTANER vs SHARI’A COURT
affirmative relief for injury arising from
The Court reiterates that the proceedings
a party’s wrongful act or omission nor before the court a quo are for the issuance of
state a cause of action that can be letters of administration, settlement and
enforced against any person. distribution of the estate of the deceased,
which is a special proceeding. Sec (3) ofthe
MONTANER et al vs SHARI’A DISTRICT
ROC defines a special proceeding as “a
COURT
remedy by which a party seeks to establish a
Unlike a civil action which has definite
status, a right, or a particular fact.” This Court
adverse parties, a special proceeding has no
has applied the Rules, particularly the rules on
definite adverse party.
special proceedings for the settlement of the
estate of a deceased Muslim.
Determination of legal heirs of the deceased
Jurisprudence dictates that the determination of
legal heirs must be made in a proper special
proceeding not in an ordinary suit for recovery
of ownership ad possession of property.
5
Are Rules in Civil Action applicable in RULE 73| Subject of Estate of

Special Proceeding
Yes, in absence of special provisions, the rules Deceased Persons
provided for in ordinary actions hall be, as far as
practicable, applicable in Special Proceeding. A. Special Proceedings Relative to the
Settlement of Estate of Deceased Persons.
HILADO vs COURT OF APPEALS
• Testate or intestate
Notwithstanding Sec 2 of Rule 72, Intervention
• Probate of the will is MANDARY
as set forth under Rule 19 does not extend to
• The institute of intestate proceeding in
creditors of a decedent whose credit is based on
another place may not proceed while the
contingent claim.
probate of a purported will of the
deceased is pending in another place.
Claims against the deceased; When
ALAN SHEKER vs. ESTATE OF ALICE • Must be filed DURING the settlement
SHEKER proceedings (Rules 73-90)
Provisions of the Rules of Court requiring
certificate of non-forum shopping for Jurisdiction
complaints and initiatory pleadings, a written - depends on the gross value of the estate
explanation for non-personal service ad filing,
and the payment of filing fees for money Metro-Manila
claims against an estate would not in any way
obstruct probate proceedings such as the • MTC: < PHP 400,000
settlement of the estate of a deceased person • RTC: above PHP400,000
as in the present case.
Non-Metro Manila
• MTC: <PHP 300,000

• RTC: above PHP 300,000
Venue
GR: Residence of the decedent at the time of his
death
EXN: If non-resident at the time of his death,
then that venue lies in any province in which he
had estate
Definition of “Resides”
“Resides” should be viewed as the personal,
actual, or physical habitation of a person, the
actual residence of place of abode; not legal
residence or domicile.
- simply requires bodily presence as an
inhabitant in a given place
- No particular length of time is required
but the residence must be more than
temporary.
6
COMPARATIVE TABLE ON city or prvince where

JURISDICTION AND VENUE IN SPECIAL the adoptee resides
PROCEEDINGS (Sec.19)
b. Inter-Country Family Court having
Adoption Act jurisdiction over the
Kind of SpecPro Jurisdiction and Venue place where the child
Settlement of Estate RTC/MTC (depending resides or may be found
(Rule 73) on the gross value of the (filed by a foreign
estate of the province national or Filipino
where the deceased last citizen permanently
resided. residing abroad)
Non-resident: venue lies It may be filed directly
at any province in which with the Inter-Country
he had an estate. Adoption Board.
Escheat (Rule 91) RTC of province where Habeas Corpus RTC where the person is
the deceased last resided detailed (SC, CA have
a. Illegal concurrent jurisdiction)
Non-resident: venue lies confinement/detentio NOTE: The writ of
at any province in which n (Rule 102) habeas corpus shall be
he had an estate. enforceable only within
Guardianship Family Court of its judicial region.
province or city where b. Custody of minors Family Courts have
a. Minors (AM No. the minor actually (AM No. 03-04-04- exclusive jurisdiction
03-02-05-SC) resides. SC)
The petition may be
Non-resident: venue lies filed with the SC, CA,
at any province or city or any of its members,
where his property or and if so granted, the
any part thereof is writ shall be enforceable
situated. anywhere in the PH.
b. Incompetent RTC of province where Amparo (AM 07-9- SC CA, and
persons (not minors) the incompetent person 12-SC) Sandiganbayan, RTC
(Rules 92-97) last resided
IF with RTC: the place
Non-resident: venue lies where the threat, act, or
at any province or city omission was committed
where his property or or an of its elements
any part thereof is occurred (Sec.3)
situated. Habeas Data (AM SC, CA, Sandiganbayan
Adoption Family court of province No. 08-1-16-SC) when the action
a. Domestic or city where concerns public data or
Adoption Act prospective adoptive files of government
parents reside offices.
IF petition is for If with RTC:
RESCISSION of 1. Petitioner’s
adoption of the Adoptee residence
– Family court of the 2. Respondent’s
7
residence a new proceeding under a separate

3. place where number and title should be constituted1
data or
information is 2. Consolidated – the intestate case should
gathered, be consolidated with the testate and the
collected, or judge assigned to the testate proceeding
stored, at the
should continue hearing the two cases2
option of the
petitioner
Change of Name RTC of petitioner’s 3. Replace – proceedings for the probate of
(Rule 103) residence the will should replace the intestate
Absentees (Rule 107) RTC where absentee proceedings even if an administrator had
resided before he already been appointed.
disappeared o the administrator would be
Cancellation or RTC of the province required to render a final accout
Correction of Entries where the corresponding and turn over the estate in his
(Rule 108) Local Civil Registrar of possession to the executor
place is located subsequently appointed
Clerical Error Act 1. Local Civil o without prejudice that the
(RA 9048) Registry office proceeding shall continue as an
of the intestacy3
city/municipalit
y where the
NOTE: the mere discovery of a
record being
document purporting to be the last will
sought to be
corrected or and testament after appointment of an
changed is kept administrator and assumption that the
2. Local civil decedent died intestate does NOT, ipso
registrar of the facto nullify the letters of administration
palce where the already issued or even authorize their
interested party revocation UNTIL the will has been
is presently proved and allowed.
residing or
domiciled
3. Philippine
Consulates
What must be done if the notarial will is
Possible consequences if a will is later
contested
discovered in the course of intestate
o All subscribing witnesses (not insane),
proceedings
must be produced and examined and
death, absence, or insanity of any of
1. Sound discretion of the court – whether
the intestate proceedings already
commenced should be discontinued and
1
85 Phil. 268
2
129 SCRA 33
3
33 SCRA 252
8
them must be satisfactorily shown to the The absentee shall not be presumed dead for the
court. purpose of opening his succession till after an
o If all/some are present in the Philippines absence of ten years. If he disappeared after the
but outside the province where the will age of seventy-five years, an absence of five
was filed, then their deposition must be years shall be sufficient in order that his
taken. succession may be opened. (n)
NOTE: A testament may NOT be allowed just Art. 391. The following shall be presumed dead
because the attesting witnesses declare against for all purposes, including the division of the
its due execution (or do not remember or are estate among the heirs:
otherwise doubtful of credibility); neither does it
(1) A person on board a vessel lost
have to be necessarily allowed just because all
during a sea voyage, or an
attesting witnesses declare in favor of its
aeroplane which is missing, who
legalization. What is decisive is that the court is
has not been heard of for four
convinced
years since the loss of the vessel
If Holographic Will is contested or aeroplane;
- three witnesses should declare that the (2) A person in the armed forces
will was in the handwriting of the who has taken part in war, and
deceased has been missing for four years;
- in the absence of competent witnesses, (3) A person who has been in
expert testimony may be resorted. danger of death under other
circumstances and his existence
Can the probate court issue writs of execution?
has not been known for four
GR: No, because its orders usually refer to the
years. (n)
adjudication of claims against the estate which
the executor or administrator may satisfy Art. 392. If the absentee appears, or without
without the need of executor processes. appearing his existence is proved, he shall
recover his property in the condition in which it
XPN:
may be found, and the price of any property that
1. To satisfy the contributive shares of the may have been alienated or the property
devisees, legatees, and heirs on acquired therewith; but he cannot claim either
possession of the decedent’s assets fruits or rents.
(Rule 88, Sec. 6)
Is Partition proper when there remains an
2. To enforce payment of the expenses of
issue as to the expenses chargeable to the
partition (Rule 90, Sec.3) estate?
3. To satisfy the cost when a person is No. The heirs have to submit the estate to
cited for examination in probate settlement because the determination of the
proceedings (Rule 142, Sec. 13) expenses cannot be done in an action for
partition.
Presumption of Death NOTE: In an estate settlement proceeding, there
Civil Code Provisions:
is a proper procedure for the accounting of all
Art. 390. After an absence of seven years, it expenses for which the estate must answer. If
being unknown whether or not the absentee still there is any consolation at all to petitioner, the
lives, he shall be presumed dead for all purposes, heirs or distributees of the properties may take
except for those of succession. possession thereof even before the settlement of
9
accounts, as long as they first file a bond RULE 74| Summary

conditioned on the payment of the estate’s
obligations. Settlement of Estates
QUIAZON v. BELEN Rule with respect to the estate left by the
Under Section 1, Rule 73, the petition for decedent
letters of administration of the estate of a GR: When a person dies leaving property, the
decedent should be filed in the RTC of the same should be judicially administered and the
province where the decedent resides at the competent court should appoint a qualified
time of his death. administrator (in the order established in Section
6 Rule 76, in case the deceased eft no will, or in
“Residence” in the contest of venue case he had left one, should he fail to name an
provisions, means nothing more than a executor therein)
person’s actual residence or place of abode,
provided he resides therein with continuity XPN:
and consistency. 1.Extrajudicial Settlement (Sec. 1)
Requisites:
a. The decedent died intestate
SALUDO, JR. v. AMERICAN EXPRESS
Residence rather than domicile is the b. The estate has no outstanding debts at
significant factor in determining venue. the time of the settlement
c. The the heirs are all of legal age, or
the minors are represented by their judicial
guardians or legal representatives
d. The settlement is made in a public
instrument or by stipulation in a pending action
for partition or affidavit filed with the register of
deed
e. The fact of extrajudicial settlement
shall be published in a newspaper of general
circulation once a week for 3 consecutive weeks
in the province
f. In case of personal property, a bond
equivalent to the value of the personal property
posted with the Register of Deeds is required.
-
2. Summary settlement of estates of small
value (Sec. 2)
-summary proceeding for the settlement of the
estate of a deceased person whether he died
testate or intestate if the gross value of his estate
is P10,000 without need of an appointment of an
administrator or executor
-Whenever the gross value of the estate of a
deceased person does not exceed P10,000, and
that fact is made to appear to the RTC having
jurisdiction of the estate by the petition of an
interested person and upon hearing, which shall
10
be held not less than 1 month nor more than 3 under oath by the parties concerned and
months from the date of the last publication of a conditioned upon the payment of any just claim
notice which shall be published once a week for that may be filed under Section 4 of this rule.
3 consecutive weeks in a newspaper of general
Presumption that the decedent left no debts
circulation ion the province, and after such other
The presumption arises if no creditor files a
notice to interested persons as the court may
petition for letters of administration within 2
direct, the court may proceed summarily to settle
years after the death of the decedent.
the estate.
The provisions of Section 4 of Rule 74 barring
EXTRAJUDICIAL SUMMARY
distribute or heirs from objecting to an
SETTLEMENT SETTLEMENT
1. Does not require Requires summary extrajudicial partition after the expiration of
court intervention adjudication. two years from such extrajudicial partition, is
applicable only to:
2. The value of the Applicable where the 1. persons who have participated or taken part or
estate is immaterial. gross estate is
had notice of the extrajudicial partition; and
P10,000. The amount
is jurisdictional 2. when the provisions of Section 1 of Rule 74,
have been strictly complied with.
3. Allowed only in Allowed in both testate
intestate succession. and intestate estates. NOTE: The publication of the settlement does
not constitute constructive notice to the heirs
Available even if there who had no knowledge or did not take part in it
4. Proper when there are no debts. because the same was notice after the fact of
are no outstanding execution. The requirement of publication is
debts of the estate at geared for the protection of creditors and was
the time of the
never intended to deprive heirs of their lawful
settlement Instituted by any
interested party and participation in the decedent’s estate.
5. Instituted by even by a creditor of If the claimant is a minor or an incapacitated
agreement of all heirs. the estate, without the person
consent of all heirs. He may present his claim within one year after
such disability is removed.
Affidavit of self adjudication RULE 74, Section 1: A petition for issuance
- An affidavit to be executed by the sole of letters of administration may be converted
heir of a deceased person in into an action for judicial partition
adjudicating to himself the entire estate
left by the decedent. When the more expeditious remedy of partition
- Filed with the Registry of Deeds. is available to the heirs, then the heirs or the
majority of them may not be compelled to
The sole heir shall file, simultaneously with and submit to administration proceedings. In this
as a condition precedent to the filing of the case, all the heirs, with the exceptions of one,
public instrument or stipulation in the action for agreed to judicial partition as they see it to be
partition, or of the affidavit in the office of the the more convenient method.
register of deeds, a bond with the said register of
deeds, in an amount equivalent to the value of
the personal property involved as certified to
11
AVELINO v. CA RULE 75| Production of Will;

In cases where the heirs disagree as to the
partition of the estate and no extrajudicial Allowance of Will Necessary
settlement is possible, then an ordinary action
for partition may be resorted to. A. Explain Probate or Allowance of Wills
It is the act of proving in court a document
SPS. BENATIRO v. HEIRS OF EVARISTO purporting to be the last will and testament of a
CUYOS certain deceased person for the purpose of its
The publication of the settlement does not official recognition, registration, and carrying
constitute constructive notice to the heirs who out its provision in so far as they are in
had no knowledge or did not take part in it accordance with law.
because the same was notice after the fact of
execution. Sec.1, Rule 75 – No will shall pass either real
or personal estate unless it is proved in the
proper court. Subject to the right of appeal,
such allowance of the will shall be conclusive
as to its due execution.
• Allowance of a will – NECESSARY.

• Probate of a will – MANDATORY.
o Until admitted to probate, a will
has NO EFFECT and NO
RIGHT can be claimed
thereunder4.
o A lawyer cannot execute a deed
of partition; neither can a court
approve a project of partition
without probate of the will.
• Decree of probate – CONCLUSIVE
o conclusive with respect to the
due execution of the will
o cannot be impugned on any
grounds, in any separate or
independent action or
proceeding EXCEPT FRAUD
Concept and Extent of “Due Execution”
Due execution covers the following:

1. The will was executed in accordance
with the STRICT FORMALITIES of the
law.
4
409 SCRA 105
12
2. The testator was of SOUND and Article 806. Every will must be
DISPOSING mind at the time of the acknowledged before a notary public by the
execution of the will testator and the witnesses. The notary public
3. Consent is NOT VITIATED by any shall not be required to retain a copy of the
duress, fear, or threats will, or file another with the office of the
4. The will was NOT procured by any Clerk of Court.
UNDUE INFLUENCE from the
beneficiary or by some other person for B. Intrinsic Validity
his benefit; and
5. The SIGNATURE of the testator is • In a special proceeding for the probate
GENUIINE. of a will, the issue is restricted to
EXTRINSIC validity.
Formalities of a will o E.g. The question of ownership
is an extraneous matter which
Article 805. Every will, other than a the probate court cannot resolve
holographic will, must be subscribed at the with finality.
end thereof by the testator himself or by the
testator's name written by some other person “Such allowance of the will shall be conclusive
in his presence, and by his express direction, as to its due execution”
and attested and subscribed by three or more
• precludes any interested person from
credible witnesses in the presence of the
testator and of one another. questioning the due execution of the will
but NOT the intrinsic validity of its
The testator or the person requested by him to testamentary provisions.
write his name and the instrumental witnesses o Governed by substantive law on
of the will, shall also sign, as aforesaid, each inheritance and partition.
and every page thereof, except the last, on the
left margin, and all the pages shall be C. Doctrine of Estoppel in Probate
numbered correlatively in letters placed on the Proceedings
upper part of each page.
• Not applicable since the presentation of
The attestation shall state the number of pages the probate of a will are required by
used upon which the will is written, and the public policy.
fact that the testator signed the will and every D. Limited Jurisdiction
page thereof, or caused some other person to
write his name, under his express direction, in • The probate court is a court of limited
the presence of the instrumental witnesses, jurisdiction
and that the latter witnessed and signed the • The probate court may only determine
will and all the pages thereof in the presence
and rule upon issues that relate to
of the testator and of one another.
settlement of the estate of deceased
If the attestation clause is in a language not person such as the administration,
known to the witnesses, it shall be interpreted liquidation, and distribution of the estate.
to them. o also includes the determination
of whether a property should be
included in the inventory is
within the jurisdiction of a
probate court.
13
o and who are the heirs, validity Rules of Court, Rule 75

of a waiver of hereditary rights, SEC. 2. Custodian of will to deliver.—The
status of each heir and all other person who has custody of a will shall,
matters incidental to the within twenty (20) days after he knows of
administration, settlement, and the death of the testator, deliver the will to
distribution of estate. the court having jurisdiction, or to the
executor named In the will.
NOTE: When questions arise as to ownership of
property alleged to be part of the estate of a SEC. 3. Executor to present will and accept
deceased but claimed by some other by virtue of or refuse trust.—A person named as
any right of inheritance, such questions cannot executor in a will shall, within twenty (20)
be determined in the courts of administration days after he knows of the death of the
proceedings. (Jurisdiction belongs to the trial testator, or within twenty (20) days after he
court in general jurisdiction) knows that be is named executor if he
obtained such knowledge after the death of
GR: Probate court cannot decide a question of
the testator, present such will to the court
title of ownership. having jurisdiction, unless the will has
EXN: reached the court in any other manner, and
shall, within such period, signify to the
• The interested parties who are ALL court in writing his acceptance of the trust
HEIRS of the deceased consent thereto or his refusal to accept it.
and the interests of third parties are not
prejudiced SEC. 4. Custodian and executor subject to
• in a provision manner, to determine fine for neglect. — A person who neglects
whether said property should be any of the duties required in the two last
included in or excluded from the preceding sections without excuse
inventory; without prejudice to the final satisfactory to the court shall be fined not
determination of title in a separate exceeding two thousand pesos.
action.
SEC. 5. Person retaining will may be
Principle of Exclusionary Rule committed. — A person having custody of a
When a probate court first takes cognizance and will after the death of the testator who
jurisdiction over the settlement of the estate of a neglects without reasonable cause to deliver
deceased person, it shall continue to exercise the same, when ordered so to do, to the
jurisdiction over the same to the exclusion of court having jurisdiction, may be committed
other courts. to prison and there kept until he delivers the
will.
E. Duty of a Custodian and Executor of a
Will
May MANDAMUS compel the production of the
• Custodian – deliver the will to the court original will?
having jurisdiction or the executor NO. There being a plain, speedy, and adequate
within 20 days after he knows of the remedy in the ordinary court of law for the
death of the testator production of the subject will, the remedy
• Executor – presents the will to the court mandamus cannot be availed of (see above).
and must accept or refuse the trust,
within 20 days of knowledge of death.
14
PACIOLES, JR v. CHUATOCO-CHING RULE 76 | Allowance or

GR: Jurisdiction of the trial court either as an
intestate or a probate court relates ONLY to Disallowance of Will
matters having to do with the settlement of the
estate.
Who man Petition for the allowance of Will?
EXN: intestate or probate court may hear and Any Executor, devisee, or legatee named in will,
pass upon questions of ownership when its or any other persons interested in the estate, may,
purpose is to determine whether or not a at any time after the death of the testator,
property should be included in the inventory. petition the court having jurisdiction to have the
(Adjudication merely incidental and will allowed, whether the same be in his
provisional) possession or not, or is lost or destroyed.
NOTE: The testator himself may, during his
lifetime, petition the court for the allowance of
his will.
Who is a “person interested in the estate”?
In order that a person may be allowed to
intervene in a probate proceeding he must have
an interest in the estate, or in the will, or in the
property to be affected by it either as executor or
as claimant of the estate. An interested party is
one who would be benefited by the estate such
as an heir or one who has a claim against the
estate like a creditor.
Probate of a Will
It is an act of proving in 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 provision carried
insofar as they are in accordance with law.
Is probate subject to prescription?
No. The petition for probate of the will is not
subject to the statute of limitations and does not
preclude, as such petition to be filed “at any time”
and is required by public policy.
Petition for the allowance of the Will must

show:
1. The jurisdictional facts;
2. The names, ages and residences of the
heirs, legatees and devisees of the
testator;
3. The probable value and character of the
property of the estate;
15
4. The name of the person whom letters are 2. The will must have been in existence at
prayed; the time of the death of the testator;
5. If the will has not been delivered to the 3. There must be at least two credible
court, the name of the person having witnesses.
custody of it.
Bar Question: Sufficient to disallow a will on the
Do rules require proof that the foreign will ground of mistake.
has been probated in the foreign country? The testator intended a donation inter vivos but
No. The rules do not require proof that the unwittingly executed a will.
foreign will has already been allowed and
probated in the country of its execution. Bar Question: May an order denying the
probate of a will still be overturned after period
Bar Question: What are the Jurisdictional facts to appeal therefrom has lapsed? Why?
that must be alleged in a petition for the Yes, an order denying the probate of a will may
allowance of the will? be overturned after the period to appeal
1. Death of the decedent; therefrom has lapsed. A petition for relief may
2. His residence at the time of his death in be filed on the grounds of fraud, accident,
the province of where the probate court mistake or excusable negligence within a period
is sitting; or of 60 days after the petitioner learns of the
3. If he is an inhabitant of a foreign judgment or final order and not more than 6
country, his leaving his estate in such months after such judgment or final order was
province. entered.
Nature of Probate Proceeding Who are entitled to notice of time and place
Probate proceeding is in rem. The notice by of probate proceeding?
publication as a prerequisite to the allowance of Sec. 4, Rule 76 provides that known heirs,
a will, is a constructive notice to the whole legatees and devisees of the testator are entitled
world, and when probate is granted the judgment to notices.
is binding upon everybody, even against the
State. ALABAN vs COURT OF APPEALS
Publication is notice to the whole world that
How may a lost will be probated? the proceeding has for its object to bar
The Rules declares that no will shall be proved indefinitely all who might be minded to make
as a lost or destroyed will unless the execution an objection of any sort against the right
and validity of the same be established, and the sought to be established. It is the publication
will is proved to have been in existence at the of such notice that brings in the whole world
time of death of the testator, or is shown to have as a party in the case and vests the court with
jurisdiction to hear and decide it. Thus, even
been fraudulently or accidentally destroyed in
though petitioner were not mentioned in the
the lifetime of the testator without his petition for probate, they eventually became
knowledge, nor unless its provisions are clearly parties thereto as a consequence of the
and distinctly proved by at least two credible publication of the notice of hearing.
witnesses.
Bar Question: What are the requisites in order
that a lost or destroyed will may be probated?
1. Execution and validity of the will must
be established;
16
RULE 77| Allowance of Will May a will executed by foreigners abroad be

probated in the Philippines even if not yet
Proved Outside the Philippines proved and allowed in the country of execution?
Yes, our laws do not prohibit the probate of
and Administration of Estate wills executed by foreigners abroad although the
Thereunder same have not yet been probated and allowed in
the countries of their execution. Art. 816 of the
A Will was probated in a Foreign Country. Civil Code states that the will of an alien who is
Must it be re-probated in the Philippines?
abroad produces effect in the Philippines if made
Yes. Section 1, of Rule 77 provides that a will
in accordance with the formalities prescribed by
proved and allowed in a foreign country must be
the law of the place where he resides, or
re-probated in the Philippines. If the decedent
according to the formalities observed in his
owns properties in different countries, separate
country.
proceedings must be had to cover the same.
Can our courts take judicial notice of foreign
laws?
What must the proponent prove during a
No, foreign laws do not prove themselves in our
reprobate?
jurisdiction and our courts are not authorized to
1. That the testator was domiciled in the
foreign country; take judicial notice of them. Hence, executors or
2. That the will has been admitted to administrator of the decedent’s estate are duty-
probate in such country; bound to introduce in evidence the pertinent law
3. That the foreign court was, under the of the foreign court which admitted to probate
laws of said foreign country, a probate the will of the deceased.
court with jurisdiction over the What is the duty of the petitioner in a probate
proceeding; proceeding?
4. The law on probate procedure in said They are duty-bound to introduce the pertinent
foreign country and proof of compliance law of the State of the decedent.
therewith;
5. The legal requirements in said foreign ----------------------------------------------------------
country for valid execution of the will.
Effects of allowance of a Will
1. Treated as if originally proved and
allowed in Philippine courts;
2. Letters testamentary or administration
with a will annexed shall extend to all
estates of the Philippines;
3. After payment of just debts and
expenses of administration, the residue
of the estate shall be disposed of as
provided by law in cases of estates in
the Philippines belonging to persons
who are inhabitants of another state or
country;
17
RULE 78| Letters • Executor of an executor shall not, as

such, administer the estate of the first
Testamentary and of testator. (Section 2, Rule 78)
Administration, When and To • A married woman may serve as
Whom Issued executrix or administratix. The marriage
of a single woman shall not affect her
Who may administer the estate: authority so to serve under a previous
1. Executor appointment. (Section 3)
2. Administrator Letters of Testamentary
It is an authority issued to an executor named in

Who are incompetent to serve as executors or the will to administer the estate.
administrators?
1. Minor Letters of Administration
2. Not a resident of the Philippines It is an authority issued by the court to a
3. Opinion of the court to be unfit to execute the competent person to administer the estate of the
duties of the trust by reason of drunkenness, deceased who died intestate.
improvidence, or want of understanding or
Rule if some co-executors are disqualified
integrity, or by reason of conviction of an
offense involving moral turpitude. When all of the executors named in a will cannot
act because of incompetency, refusal to accept
the trust, or failure to give bond, on the part of
Executor Administrator one or more of them, letters testamentary may
A person named A person appointed by issue to such of them as are competent, accept
expressly by the the intestate court to
deceased person in administer the estate of and give bond, and they may perform the duties
his will to a deceased person: and discharge the trust required by will.
administer, settle and
liquidate his estate a. dies without leaving a Order of preference in granting letters of
will administration under Section 6 if no executor
b. or did not name any is named in the will or the executor is
executor even if there incompetent, refuses the trust, or fails to give
was a will. bond, or a person dies intestate:
c. if there be one named, a. To the surviving husband or
he is incompetent, wife, as the case may be, or next
refuses the trust or fails of kin, or both, in the discretion
to give a bond, or that of the court, or to such person as
the will subsequently, is such surviving husband or wife,
declared null and void. or next of kin, requests to have
appointed, if competent and
• No law that prohibits an alien from willing to serve.
becoming an executor or administrator. b. If such surviving husband or
wife, as the case may be, or next
of kin, or the person selected by
them, be incompetent or
18
unwilling, or if the husband or NOTE: Earnest effort is not required in special

widow, or next of kin, neglects proceedings.
for 30 days after the death of the
person to apply for
administration or to request that
administration be granted to
some other person, it may be
granted to one or more of the
principal creditors, if competent
and willing to serve.
c. If there is no such creditor
competent and willing to serve,
it may be granted to such other
person as the court may select.
RATIONALE on order of preference: Those

who will reap the benefit of a wise, speedy,
economical administration of the estate, or, in
the alternative, suffer the consequences of waste,
improvidence or mismanagement, have the
highest interest and most influential motive to
administer the estate correctly.
Principal consideration in the appointment of

an administrator
- Interest in the estate of the one to be
appointed.
Is the rule on order of preference absolute?

GR: Court cannot set aside the order of
preference.
XPN: Not absolute for it depends on the
attendant facts and circumstances of each case.
Other instances when the court may set aside

the order of preference:
When the persons who have the preferential
right to be appointed are NOT COMPETENT or
are UNWILLING TO SERVE.
Scope or limit of administration

Administration extends only to the assets of a
decedent found within the state or country where
it was granted
19
RULE 79 | Opposing Issuance interest in the estate”

Sec. 1, Rule 76 allows a “person
of Letters Testamentary interested in the
Petition and Contest for estate” to petition for
the allowance of a
Letters of Administration will
Sec. 6, Rule 87 allows an individual
interested in the
estate of the deceased
A. Who may file a Petition for Letters of
“to complain to the
Administration? court of the
A petition for letters of administration must be concealment,
filed by an interested person (Sec 2). embezzlement or
conveyance of any
B. Who is an “interested party” in estate assets of the
proceedings? decedent, or of
evidence of the
Interested Party (in estate proceedings) - one decedent’s title or
who would be benefited in the estate, such as an interest therein”
heir, or one who has claim against the estate, Sec. 10, Rule 85 requires notice of the
such as creditor. time and place of the
examination and
NOTE: “next of kin” refers to those whose allowance of the
relationship with the decedent is such that they Administration’s
are entitled to share in the estate as distributes. account “to the
persons interested”
“Any interested person” or “any person Sec. 7, Rule 89 requires the court to
interested in the estate” give notice “to the
persons interested”
The following provisions allows “any interested before it may hear
person” or “any person interested in the estate” and grant a petition
to participate in varying capacities: seeking the
disposition or
Sec. 1, Rule 79 recognizes the right encumbrance of the
of “any person properties of the
interested” to oppose estate
the issuance of letters
Sec. 1, Rule 90 “any person
testamentary and to interested in the
file a petition for estate” to petition for
administration
an order for the
Sec. 3, Rule 79 mandates the giving distribution of the
of notice of hearing residue of the estate
on the petition for of the decedent, after
letters of all obligations are
administration to the either satisfied or
known heirs, provided for.
creditors and “to any
other persons
believed to have
20
Remedy given to a creditor or any interested Grounds for opposition of a Petition for
person to protect his interest in the estate: administration:
1. Incompetency of the person for whom
The Rules do not provide for the right to the letters are prayed therein; and
participate in the estate proceeding, however, 2. On the ground of the contestant’s own
they may be allowed to seek certain prayers or right to the administration.
reliefs from the intestate court not explicitly
provided for under the Rules, if the prayer or AMELIA GARCIA –QUIAZON vs
relief sought is necessary to protect their interest BELEN
in the estate. An “interested party” in the estate proceeding,
is one who would be benefited in the estate,
Right of the testator to appoint an executor such as an heir, or one who has a claim
over his property: against the estate, such as a creditor. Also, in
estate proceedings, the phrase “next of kin”
The choice of his executor is a precious
refers to those whose relationship with the
prerogative of a testator, a necessary decedent is such that they are entitled to share
concomitant of his right to dispose of his in the estate as distributes
property in the manner he wishes. It is natural
that the testator should desire to appoint one of
his confidence, one who can be trusted to carry
out his wishes in the disposal of his estate.
NOTE: The curtailment of this right may be
considered a curtailment of the right to dispose.
C. Contents of a petition for letters of
administration:
1. Jurisdictional facts;
2. The names, ages, and residence of the
heirs, and the names and residence of
the creditors;
3. The probable value and character of the
property of the estate;
4. The name of the person for whom letters
of administration are prayed.
NOTE: No defect on the petition shall render
void the issuance of letters of administration.
D. Who may file an OPPOSITION to the
issuance of letters testamentary?
ANY person interested in the will may state in
writing the grounds why letters testamentary
should not be issued to the persons named
therein as executors.
21
RULE 80 | Special preference of appointment in Section 6, Rule 78

for regular administrators not applicable.
Administrator
• Courts may appoint or remove special
A. Special Administrator administrators based on grounds other
than those enumerated in the Rules, at
- representative of the decedent appointed
their discretion.
by the probated court to care for
• Said discretion should not be exercised
Role; principal object of the appointment- with grave abuse.
preserve his estate UNTIL an executor or • Appointment should be based on equity,
general administrator is appointed justice, and legal principles.
o subject to the court’s C. Special Co-Administrators
supervision and control
o expected to work for the best Circumstances that the SC upheld the
interest of the entire estate; with appointment of special co-administrators:
a view to its smooth 1. To have the benefits of their judgment
administration and speedy and perhaps at all times to have different
settlement interests represented;
- NOT regarded as an agent of the parties 2. Where justice and equity demand that
suggesting the appointment opposing parties or factions be
NOTE: A special administrator may be represented in the management of the
appointed by a court when there is delay in estate of the deceased
granting letters testamentary or of administration 3. Where the estate is large or from any
by an appeal (or MR) from the allowance or cause, an intricate and perplexing one to
disallowance of a will or some other cause. settle
4. To have all interested persons satisfied
B. Regular Administrator v. Special and the representatives to work in
Administrator harmony for the best interests of the
estate
Regular Special
5. when a person entitled to the
Appointed when a Appointed when
administration of an estate desires to
decedent died there is delay in
intestate or did not granting letters have another competent person
appoint any executor testamentary or of associated with him in the office.
in his will or the will administration D. REMEDY
is subsequently
disallowed • Rule 65 – Certiorari
Obliged to pay the Nope
debts of the estate TAN v. GEDORIO, JR
May be the subject of Order of appointment The order of preference in the appointment of
appeal regarded as an a regular administrator does NOT apply to the
interlocutory order ; selection of a special administrator. Sec. 6,
not subject to appeal Rule 78 - preference for the next of kin refers
to the appointment of a regular administrator,
and not of a special administrator, as the
NOTE: Appointment of special administrator appointment of the latter lies entirely in the
lies entirely in the sound discretion of the court; court’s discretion and not appealable.
22
RULE 81| Bonds of Executors obligations incumbent upon him. Its object
and purpose is to safeguard the properties of
and Administrators the decedent, hence should not be considered
as part of the necessary expenses chargeable
• An executor or administrator before he against the estate.
enters upon the execution of his trust,
and letters testamentary or of
A special administrator before entering upon
administration issue, he shall give a
the duties of his trust shall:
bond.
1. Give a bond conditioned that he will make
A. Conditions of a Bond and return a true inventory of the goods,
1. To make and return to the court, within 3 chattels, rights, credits and estate of the
months, a true and complete inventory of all deceased which shall come to his possession
goods, chattels, rights, credits and estate of or knowledge; AND
the deceased which shall come to his 2. That he will truly account for such as are
possession or knowledge or to the received by him when required by the court
possession of any other person for him; and will deliver the same to the person
2. To administer according to these rules, and appointed executor or administrator, or to
if an executor, according to the will of the such other person as may be authorized to
testator, all goods, chattels, rights, credits, receive them.
and estate which shall at any time come to ----------------------------------------------------------
his possession or to the possession of any
other person for him, and from the proceeds
to pay and discharge all debts, legacies, and
charges on the same, or such dividends
thereon as shall be decreed by the court;
3. To render a true and just account of his
administration to the court within 1 year,
and at any other time when required by the
court;
4. To perform all orders of the court by him to
be performed.
B. Purpose of a bond
It is intended as an indemnity to the creditors,
the heirs and the estate. It shall be held
accountable for any breach of duty that may be
done by the administrator or executor.
Such liability may be enforced by motion or in a
separate action.
OCAMPO v. OCAMPO (2010)

Administration bond is for the benefit of the
creditors and the heirs, as it compels the
administrator, whether regular or special, to
perform the trust reposed in, and discharge the
23
RULE 82| Revocation of ADVINCULA V. TEODORO
Administration, Death, Mere discovery of a document purporting to be

the last will and testament of the decedent after
Resignation, and Removal of the appointment of an administrator does not
Executors and Administrators ipso facto nullify the letters of administration
already issued or even authorize their revocation
until the will has been proved and allowed.
Effect of discovery of a will to the Letters of
Administration previously granted
The letters of administration shall be revoked NOTE: If a will is subsequently found while the
and all powers thereunder cease, and the intestate proceeding is pending and the will is
administrator shall forthwith surrender the letters submitted for probate, the intestate proceedings
to the court, and render his account within such shall be discontinued or suspended. After the
time as the court directs. will is probated, the intestate proceedings will be
terminated.
Consequence if a will is later discovered
during the intestate proceedings Purpose of administration
Proceedings for the probate of the will should It is the liquidation of the estate and distribution
replace the intestate proceedings even if at that of the residue among the heirs and legatees.
stage, an administrator had already been
appointed, the latter being required to render a
Liquidation
final account and turn over the estate in his It is the determination of all the assets of the
possession to the executor subsequently
estate and payment of all debts and expenses.
appointed. This is without prejudice that the
proceeding shall continue as intestacy. ● Approval of the project of partition does
not necessarily terminate administration
NOTE: Whether the intestate proceeding
already commenced should be discontinued and
a new proceeding under a separate number and Grounds wherein a court may remove or
title should be constituted is entirely a matter of accept resignation of executor /administrator
form and lies within the sound discretion of the ● If he neglects to render his account and
court. settle the estate according to law, to
perform an order or judgment of the
• Consolidation and joint hearing of the 2
court, or a duty expressly provided by
cases would be proper if they do not
these rules, absconds, or becomes insane,
involve settlement of the estate of a
decedent. or otherwise incapable or unsuitable to
• Discovery of the will does not ipso facto discharge the trust. (Not exclusive.
nullify the letters of administration Court has discretion.)
already issued. It is only when the newly
discovered will has been admitted to NOTE: A special administrator may be removed
probate that the letters of administration on other grounds upon the court’s discretion
may be revoked. unlike an administrator /executor.
24
Examples of valid grounds for removal of an RULE 83| Inventory and

administrator by the probate court
1. An administrator who disbursed funds if Appraisal Provision for
the estate without judicial approval. Support of Family
2. False representation by an administrator
in securing his appointment Executor or administrator is duty bound to
3. An administrator who holds an interest make a return of the inventory and appraisal
adverse to that of the estate or by his of the estate
Section 1 expressly provides that 3 months after
conduct
his appointment every executor or administrator
4. An administrator who has physical
shall return to the court a true inventory and
inability and consequent unsuitability to appraisal of all the real and personal estate of the
manage the estate. deceased which has come into his possession or
knowledge.
NOTE: The order of removal is appealable.
NOTE: 3-month period is not mandatory. The

court retains jurisdiction notwithstanding the
fact that the inventory is filed beyond the said
period. Delay in filing the inventory by the
administrator, however, if not satisfactorily
explained, may be a ground for removal.
Articles which need not be inventoried:

Wearing apparel of the surviving husband or
wife and minor children, the marriage bed and
bedding, and such provisions and other articles
as will necessarily be consumed in the
subsistence of the family of the deceased, under
the direction of the court.
Property claimed by a 3rd person

- may be included in the inventory as part
of the assets of the estate and the
probate court may order such inclusion,
but such order of the probate court is
only a prima facie determination and
does not preclude the claimants from
maintaining an ordinary civil action for
the determination of title.
● The widow and family of a deceased
person, during the settlement of the
estate, shall receive therefrom, under the
25
discretion of the court, such allowance RULE 84| GENEREAL

as are provided by law.
POWERS AND DUTIES OF
● Grandchildren are not entitled to EXECUTOR AND
allowance.
ADMINISTRATOR
ARANAS VS. MERCADO
RTC is duty bound to direct the preparation and
submission of the inventory of the properties of
General Powers and Duties of executors and
the estate.
administrators
a. Shall at all times have access to, and
The surviving spouse (administrator) has the may examine and take copies of, books
duty and responsibility to submit the inventory and papers relating to the partnership
within 3 months from the issuance of letters of business;
administration. b. May examine and make invoices of the
property belonging to such partnership;
c. Shall maintain in tenantable repair the
HEIRS OF JOSE BANG VS. SY houses and other structures and fences
The guardianship court exercising special and
belonging to the estate, and deliver the
limited jurisdiction cannot actually order the same in such repair to the heirs or
delivery of the property of the ward found to be devisees when directed so to do by the
embezzled, concealed or conveyed. It is the court;
court hearing the settlement of the estate that d. Shall have the right to the possession
should effect the payment of widow's allowance. and management the real as well as the
personal estate of the deceased so long
The widow's allowance is chargeable to the as it is necessary for the payment of the
estate. debts and the expenses of administration.
Is the right of an executor and administrator

to the possession and management of
properties left by the deceased absolute?
It is not absolute; the rights can only be
exercised “so long as it is necessary for the
payment of the debts and expenses of the
deceased”.
He may exercise acts of administration without
special authority from the court having
jurisdiction of the estate.
26
In the exercise of the powers of RULE 85|

administration by the executor or
administrator, should there be leave of court?
ACCOUNTABILITY AND
GR: No, an administrator or executor has all the COMPENSATION OF
powers necessary for the administration of the
estate and which power he can exercise without
EXECUTORS AND
leave of court. It has long been held that the ADMINISTRATORS
constitution of a lease over the property of the
estate is an act of administration and leave of What are administration expenses?
- necessary for the management of the
court is not required.
estate, for protecting it against
EXPN: With leave of court: destruction or deterioration, and
possibly, for the production of fruits.
1. Right of legal redemption over a portion
- Expenses and its management for the
of the property owned in common sold
purpose of liquidation, payment of debts,
by one of the other co-owners. (Not
and distribution of the residue among
within the powers of administration.)
the persons entitled thereto.
2. If the estate of the deceased is already Necessary Expenses
the subject of testate and intestate - Entailed for the preservation and
proceeding; the administrator cannot productivity of the estate and for its
enter into any transaction without management for purposes of liquidation,
approval from court. payment of debts, and distribution of the
residue among persons entitled thereto.
- Expenses for the renovation and

improvement of the family residence,
incurred to preserve the family home
and to maintain the family’s social
standing in the community are allowable
as legitimate administration expenses.
Remedies to collect attorney’s fees in the
estate proceeding
1. Renders services to the administrator or
executor personally to aid in the
execution of his trust, the administrator
and executor is liable for the fees, but he
can move for reimbursement and charge
such fees as expenses of administration
where the same is reasonable and
proved beneficial to the estate.
2. Rendered in litigation involving such

administrator and executor in his
capacity as trustee of the estate and for
27
the protection of the interests of such The exception is when the court directs because
estate, attorney’s fees is chargeable to of extensions of the time for presenting claims
the estate. against the estate or for paying the debts.
Remedies: May a party whose claim is contingent
a. Bring and independent action personally compel the administrator to render an
against the executor or administrator; or accounting?
b. File a petition in the administration NO. The administrator is required to render an
proceedings for the probate court to account of his administration within one year
allow the same and to direct the from receipt of letters of administration. These
payment of his fees as expenses of are reliefs available to compel and administrator
administration. to perform either duty, but not to the person
whose claim is still contingent.
When should an executor or administrator
render an account? To whom notice must be given: (Sec. 10 Rule
85)
Render an account of his administration within Persons interested of time and place of
one year from the time of receiving letters examining and allowing the same, such notice
testamentary or of administration, unless the must be given personally to such persons
court otherwise directs because of extensions of interested or by advertisement in a newspaper or
time for presenting claims against, or paying the newspaper, or both, as the court directs.
debts of, the estate, or for disposing of the estate;
he shall render further accounts as the court may To what instances are interested parties
require until the estate is wholly settled. entitled to notice:
a. Time and place of examining and
Administrator’s duty to render an accounting: allowing the account of the executor and
Administrator or executor is under obligation to administrator;
render a true and just account of his b. Concerning the petition to authorize the
administration to the court. executor or administrator to sell
personal estate, or to sell, mortgage or
Hearing is held before an administrator’s
otherwise encumber real estates; and
account is approved, especially when interested
c. Hearing for the application for an order
parties raises objections to certain items in the
for distribution of the estate residue.
accounting report.
During the hearing, the administrator to take the
witness stand, testify under oath on his accounts
and identify the receipts vouchers and
documents evidencing his disbursements which
are offered as exhibits.
Oppositor may present proofs for rebuttal.
Is the one year period to render an
accounting mandatory?
Yes, rendering account is mandatory within 1
year from his appointment.
28
RULE 86 | Claims against the RATIONALE: (of fixing the period) To insure a
speedy settlement of the affairs of the deceased
Estate person and the early delivery of the property to
the person entitled to the same.
A. Equitable Lien of Creditors
Extension of Period
Upon the death of a person, all of his property is
• Allowed; money claims against the
burdened with all his debts, creating an
estate may be allowed any time before
equitable lien for the benefit of the creditors –
an order of distribution is entered, at the
which continues until the debts are extinguished
discretion of the court for cause and
either by:
upon such terms as are equitable.
a) Payment
Publication of Notice
b) Prescription
• Works as a constructive notice to all;
c) Satisfaction in one of the modes
hence, a creditor cannot be permitted to
recognized by law
file his claim beyond the period fixed in
Statute of Non-Claims said notice on the bare ground that he
- Period fixed by Sec.2, Rule 86 for the had no knowledge of the administration
filing of the claims against the estate proceedings.
- Mandates certain creditors of a deceased
B. Types of Claim that must be filed with the
person to present their claims for
probate court under the Notice
examination and allowance within a
specified period. 1. All money claims against the decedent
o PURPOSE: to settle the estate arising from contract, express or implied,
with dispatch, so that the whether the same be due, not due, or
residue may be delivered to the contingent;
persons entitled thereto without 2. All claims for funeral expenses and
their being afterwards called expenses for the last sickness of the
upon to respond in actions for decedent
claims, which under the 3. Judgment for money against the
ordinary statute of limitations, decedent. The judgment must be
have not yet prescribed. presented as a claim against the estate,
- Requires that the money claims be filed where the judgment debtor dies before
with the clerk of court within the time levy execution of his properties.
prescribed by the rules
Rule 86, Section 5 vs. Rule 6, Section 11
Period to file the Claim • Rule 86, Section 5 prevails in case of
• Not less than 6 months nor more than 12 conflict.
months from the day of the first • The settlement of the estate of the
publication of the notice deceased is primarily governed by the
• Specific period discretionary upon the rules on SpecPro.
court, as long as within the range • Rule 6, Section 11 will apply only
provided suppletorily.
• Such period becomes mandatory upon
fixing of the probate court NOTE: The enumeration for the types of claim
is EXCLUSIVE. Claims other than those
29
enumerated CANNOT be presented in the money claim against the

testate or intestate proceedings. estate;
2. FORECLOSE & PROVE
“Money Claims”; Definition
a. FORECLOSE the mortgage
- Claims for money, debt or interest
judicially and PROVE any
thereon upon a liability contracted by
deficiency as an ordinary claim.
the decedent before his death
i. Foreclosure suit should
GR: Claims contracted after his death cannot be be against the executor
presented or administrator as party
defendant
EXPN: Funeral expenses and expenses incurred ii. In the event a creditor
on the last sickness of the decedent. fails to fully recover his
GR: If the claims are not filed within the time claim, he may obtain
limit in the notice, they are barred FOREVER deficiency judgment
from presenting them. and file it as a claim
against the estate (in the
EXPN: These claims may be set forth as manner provided by law)
counterclaims in any action that the executor or 3. RELY ON THE MORTGAGE &
administrator may bring against the claimants; FORECLOSE
INCLUDING claims which are not yet due or a. RELY solely upon the mortgage
contingent. and FORECLOSE the same at
any time before it is barred by
C. Contingent Claim
prescription without right to
- One by its nature is necessarily claim for any deficiency.
dependent upon an uncertain event for i. Includes extrajudicial
its existence and claim, and its validity foreclosure of sale and
and enforceability depending upon an its exercise precludes
uncertain event. one from recovery any
balance of indebtedness
E.g. Deficiency judgment against the estate and
Distinct and Alternative Remedies Available free the estate from
to a Mortgage Creditor Upon Mortgagor’s further liability.
Death
1. WAIVE & CLAIM NOTE: Remedies available to the mortgage
a. WAIVE security mortgage and creditor are NOT cumulative. They are deemed
CLAIM the entire debt from the alternative.
estate as an ordinary claim. D. Appeal
i. By filing money claim
against the estate, he is - A judgment of the court approving or
deemed to have disapproving a claim is appealable
abandoned the (Section. 12, Rule 86)
mortgage and thereafter UNION BANK v. SANTIÑO AND ARIOLA
he cannot file a The filing of a money claim against the
foreclosure suit if he decedent’s estate in the probate court is
fails to recover his mandatory.
30
RULE 87| Actions by and Right of the Administrator to the Production

and Examination of Specified Documents
Against Executors and Rule 87, Section 6 – the administrator has the
Administrator right to the production and examination of
specified documents believed to be in the
A. Actions Against the Executor or possession of another person which tends to
Administrator show the decedent’s right to real or personal
property.
1. Recovery of real or personal property or
any interest therein from the estate; RATIONALE: To elicit information or secure
2. Enforcement of a lien; evidence from persons suspected of having
3. Action to recover damages for any possession of, or knowledge or properties
injury to person or property, real or suspected of belonging to the estate of the
personal. deceased.
NOTE: The aforementioned instances are • Procedure is inquisitorial in nature,

deemed actions that survive the death of the designed as an economical and efficient
decedent. mode of discovering properties of the
estate.
E.g. Action for quieting of title with damages;
recovery of a personal property – both of which NOTE: A judicial declaration of heirship is NOT
is not extinguished by the death of a party. necessary in order for an heir to assert his right
on the estate of the deceased. Art. 777 of the
Actions that may NOT be brought the Civil Code states that succession is transmitted
Executor or Administrator
from the moment of the death of the decedent.
• Claim for recovery of money or debt or
interest Donee Inter Vivos
o Must be brought against the Donee inter vivos may sue the administrator for
estate itself. the delivery of the property donated.
Standing of Heirs TEADORA RIOFERIO v. CA
GR: Heirs have no standing in court to sue for All told, therefore, the rule that the heirs have no
the recovery of property of the estate represented legal standing to sue for the recovery of property
by an executor or administrator. of the estate during the pendency of
administration proceedings has three exceptions,
EXPN: the third being when there is no appointed
administrator.
1. If the executor or administrator is
unwilling to bring suit
2. When the executor or administrator is
made a party defendant where he is
alleged to have participated in the act
complained of.
3. When there is no appointed
administrator (Teodora v. CA, GR
129008)
31
RULE 88 | Payment of the mortgage may be applied to its

obligations.
Debts of the Estate
Is the heir or distributee liable for outstanding
A. Power to Issue Writ of Execution to Pay claims against the estate?
Claims NO. Heirs are not required to respond with their
own property for the debts of their deceased
GR: A probate court cannot issue a writ of ancestors.
execution.
o Heirs are liable
EXPN: INDIVIDUALLY for the
1. To satisfy the distributive shares of payment of all lawful
devisees, legatees, and heirs in outstanding claims against the
possession of the decedent’s assets; estate in proportion to the
2. To enforce payment of the expenses of amount or value of the property
partition; and they have respectively received
3. To satisfy the costs when a person is from the estate; EVEN AFTER
cited for examination in probate the partition of the estate.
proceedings. o The hereditary property consists
of only the part AFTER the
Proper procedure for the payment of debts settlement of which the entire
and expenses of administration estate is first liable.
• The court should order the sale of ▪ The heirs cannot, by
personal estate or the sale or mortgage any act of their own or
of real property of the deceased and by agreement among
• All debts and expenses of the of the themselves, reduce the
administration should be paid out of the creditor’s security for
proceeds of such sale or mortgage. the payment of their
• The order for the sale or mortgage claims.
should be issued upon motion of the
administrator and with the written notice
to all the heirs, legatees, and devisees
residing in the Philippines.
o Sec.2-3 Rule 89
o When the sale or mortgage is to
be made, the regulations
contained in Section 7, Rule 89
should be compiled with.
B. Persons authorized to dispose of the
properties of the estate
• ONLY the executor or administrator of

the estate whom the court may authorize
to dispose of the properties of the estate
so that the proceeds of the sale or
32
RULE 89 | Sales, Mortgages,

and Other Encumbrances of
Property Decedent
A. Mandatory Requirement to Effect
Authority of the Sale or Encumbrance of
Real Property
YES. Failure to give notice to the heirs, devisees,
or legatees would invalidate the authority
granted by the court.
PAHAMOTANG v. PNB AND THE HEIRS
OF ARGUNA
Settled is the rule in this jurisdiction that when
an order authorizing the sale or encumbrance of
real property was issued by the testate or
intestate court without previous notice to the
heirs, devisees and legatees as required by the
Rules, it is not only the contract itself which is
null and void but also the order of the court
authorizing the same.
33

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Special Proceedings (Based on FESTIN 2015; Syllabus by Atty.

Can the probate court issue writs of execution?

RULE 78| Letters Testamentary and of A. Special Administrator .............................. 22

Who are incompetent to serve as executors or C. Special Co-Administrators....................... 22

RULE 81| Bonds of Executors and ACCOUNTABILITY AND COMPENSATION

B. Purpose of a bond..................................... 23 What are administration expenses? ............. 27

RULE 82| Revocation of Administration, Death, Necessary Expenses ..................................... 27

RULE 87| Actions by and Against Executors

RULE 72 | Subject Matters and The Declaration of Heirship can be made in a

Are Rules in Civil Action applicable in RULE 73| Subject of Estate of

• MTC: <PHP 300,000

COMPARATIVE TABLE ON city or prvince where

residence a new proceeding under a separate

accounts, as long as they first file a bond RULE 74| Summary

AVELINO v. CA RULE 75| Production of Will;

• Allowance of a will – NECESSARY.

Due execution covers the following:

o and who are the heirs, validity Rules of Court, Rule 75

PACIOLES, JR v. CHUATOCO-CHING RULE 76 | Allowance or

Petition for the allowance of the Will must

RULE 77| Allowance of Will May a will executed by foreigners abroad be

RULE 78| Letters • Executor of an executor shall not, as

It is an authority issued to an executor named in

unwilling, or if the husband or NOTE: Earnest effort is not required in special

RATIONALE on order of preference: Those

Principal consideration in the appointment of

Is the rule on order of preference absolute?

Other instances when the court may set aside

Scope or limit of administration

RULE 79 | Opposing Issuance interest in the estate”

RULE 80 | Special preference of appointment in Section 6, Rule 78

OCAMPO v. OCAMPO (2010)

RULE 82| Revocation of ADVINCULA V. TEODORO

Administration, Death, Mere discovery of a document purporting to be

Examples of valid grounds for removal of an RULE 83| Inventory and

NOTE: 3-month period is not mandatory. The

Articles which need not be inventoried:

Property claimed by a 3rd person

discretion of the court, such allowance RULE 84| GENEREAL

Is the right of an executor and administrator

In the exercise of the powers of RULE 85|

- Expenses for the renovation and

2. Rendered in litigation involving such

enumerated CANNOT be presented in the money claim against the

RULE 87| Actions by and Right of the Administrator to the Production

NOTE: The aforementioned instances are • Procedure is inquisitorial in nature,

RULE 88 | Payment of the mortgage may be applied to its

• ONLY the executor or administrator of

RULE 89 | Sales, Mortgages,

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