RULE 87 ACTIONS BY AND AGAINST EXECUTORS AND ADMINISTRATORS

Actions which may or may not be brought against executor and administrator (Sec.1) Independent and separate of the probate proceeding: 1. Recovery of real or personal property or any interest therein from the estate 2. Enforcement of a lien thereon 3. Action to recover damages for any injury to person or property, real or personal (tortuous acts) MARIA G. AGUAS vs. HERMOGENES LLEMOS G.R. No. L-18107 | August 30, 1962 Injury to property is not limited to injuries to specific property but extends to other wrongs such as maliciously causing a party to cause unnecessary expenses ERLINA MELGAR ASECO vs. CARLOS R. BUENVIAJE G.R. No. L-55750 | November 8, 1989 Action for damages caused by tortuous acts may be brought against the executor or administrator of the estate These are actions that survive the death of the decedent. EXCEPTION: Romualdez vs Tiglao G.R. No. L-51151| July 24, 1981 An action for revival of money judgment may be filed against the administrator to preempt prescription of judgment. Heir may not sue until share assigned (Sec.3) Before distribution is made or before any residue is known, the heirs and devisees have no cause of action
PUBLICO, Loveli Anne B. Special Proceedings

against the executor or administrator for recovery of the property left by the decedent. EXCEPTIONS: 1. If the executor or administrator is unwilling or refuses to bring a suit 2. When the administrator is alleged to have participated in the act complained of and he is made a party defendant. 3. When there is no administrator appointed. (TEODORA A. RIOFERIO, ET AL. vs. CA, ET AL G.R. No. 129008 | January 13, 2004) Mortgage due estate may be foreclosed (Sec. 5) CALIMBAS VS PAGUIO, GR No. L-22197, December 2, 1924 There is no need of a special authority from the court for the administrator or the executor to bring an action for foreclosure on behalf of the estate. Proceedings when property concealed, embezzled or fraudulently conveyed (Sec.6) GENERAL RULE: The probate court has no authority to decide whether or not the properties belong to the estate or to the person being examined since probate courts are courts of limited jurisdiction. Francisco Cuizon et al. vs. Hon. Jose R. Ramolete May 29, 1984 | Gutierrez, Jr.

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Probate court cannot adjudicate or determine title to properties claimed to be part of the estate and equally claimed to belong to outside parties. CIRCA NILA DEVELOPMENT CORPORATION vs. HON. SALVADOR J. BAYLEN G.R. Nos. L-69757-58 | January 29, 1988 A probate court is a tribunal of limited jurisdiction. It acts on matters pertaining to the estate but never on rights to property arising from contract. It approves contracts entered into for and on behalf of the estate or the heirs to it but this is by fiat of the Rules of Court. In that case, judicial approval is necessary for the validity of such contracts. It cannot, however, adjudicate the rights and obligations of the parties thereto. Compliance with the terms and conditions thereof may be compelled by specific performance, jurisdiction over which is vested in the Regional Trial Court, acting as a court of general jurisdiction. EXCEPTIONS: 1. Provisional determination of ownership for inclusion in the inventory; or
2. Submission to the courts jurisdiction (Bernardo vs.

Property fraudulently conveyed by the deceased may be recovered. When executed or administered must bring action (Sec.9) This provision applies when there is a deficiency of assets in the hands of the executor or administrator for the payment of the debts and expenses for administration. REQUISITES BEFORE ACTION MAY BE FILED 1. Deficiency in assets 2. The conveyance made is void (when there are badges of fraud) 3. Subject of conveyance is liable for attachment in lifetime of decedent. When creditor may bring action. Lien for costs (Sec.10) When a grantee in a fraudulent conveyance is OTHER THAN THE EXECUTOR OR ADMINISTRATOR, a creditor may commence and prosecute the action if the following requisites are present:
1. That the executor or administrator has shown to have

CA, GR No. 82483, Sept. 26, 1990) Embezzlement before letters issued (Sec.8) The responsible person shall be liable to an action in favor of the executor or administrator of the estate for double the value of the property sold, embezzled, or alienated, to be recovered for the benefit of the estate.

no desire to file the action or failed to institute the same within the reasonable time; 2. Leave is granted by court to creditor to file the action; 3. Bond is filed by creditor as prescribed in this provision; and 4. Action by creditor is in the name of the executor or administrator. These requisites need not be complied with if the grantee of the fraudulent conveyance is the executor or administrator himself, in which event the action should be in the name of all creditors.

PUBLICO, Loveli Anne B. Special Proceedings

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