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City of Manila
SPECIAL PROCEEDINGS Rule 86-91
Under Professor Jose Cabangon
(Sec. in the settlement . Rule 86) Is the rule absolute? No. for cause shown and on such terms as are equitable . The exceptions to the rules are the Belated Claims. On application of a creditor who has failed to file his claim within the time previously limited at any time before an order of distribution is entered. All claims for funeral expenses and expense for the last sickness of the decedent. allow such claim to be filed within a time not exceeding 1 month from the order allowing belated claims (Sec. b. March 19. A. 2. This are claims that are not filed within the original period fixed by the court. the statute of non-claims supersedes the statute of limitations. STATUTE OF NON-CLAIMS What is the statute of non-claims? The statute of non-claims is the term used to refer to the provision of rule 86 in fixing the period for the filing of claims against the estate of the decedent (Santos v. Rule 86) B. 1914). No. arising from contract.TIME WITHIN WHICH CLAIMS SHALL BE FILED. EXCEPTIONS Within what period shall the claims against the estate of the decedent will be filed? Claims must be filed within the time fixed in the notice to the creditors. The period shall not be more than 12 months nor less than 6 months after the date of the first publication (Sec. and c.R. G. Rule 86) State the effect if the claimant does not file his claim against the state of the decedent within the period prescribed by law.CLAIMS AGAINST THE ESTATE What are the claims that may be filed against the estate of the decedent? a. the court may. 5. Between the statute of non-claims and the statute of limitation. not due or contingent. not due or contingent. 5. which will prevail? Insofar as claims against the estates of the deceased persons are concerned. Judgment for money against the decedent (Sec. 5. Manarang. Hence if a debtor dies. L-8235. whether the same be due. whether the same to be due. Rule 86). All claims for money against the decedent. express or implied. Failure to do so shall bar the claim forever. his creditors must present their claims.
and if still lacking. 856 citing In Re: Estate of De Dios.). the court may order them. March 27.4. Where the estate is sufficient to pay all the debts of the decedent. e. or heirs have entered into possession of portions of the estate before the debts and expenses have been settled and paid. Where the will provides for the property which shall be used in the payment of the debts. to pay the debts based on the contributive share they received (Sec. legatees. Rule 86). Where devisees. No. have the same power and be subject to the same liability as a general administrator or executor. p. c. b.proceeding of the estate of the deceased debtor within the time provided in the statute of nonclaims. the debt shall be paid using personal property not disposed of. C. from the real property not disposed of the will (Ibid. 1913). d. CLAIM OF EXECUTOR OR ADMINISTRATOR AGAINST THE ESTATE What shall the executor or administrator do if he has a claim against the estate of the decedent? The executor or administrator shall give notice in writing to the court of such claim. L-7940. The executor or administrator shall retain sufficient estate to pay contingent claims when the same becomes absolute (Sec. 8. Rule88). . 1. the executor or administrator shall pay them within the time limited for that purpose (Sec. Where the property stipulated is not sufficient or where no stipulation was made.2. The court shall then appoint a special administrator who shall.R. after hearing. Rule 88). or the same shall be barred forever (Albano. The following shall be followed: a. Rule 88). in the adjustment of the claim. PAYMENT OF DEBTS Give an outline on how the executor or administrator shall pay the debts of the estate of the decedent.6. G. D. Rule 88). The court may order the claiming administrator/executor to pay the special administrator the necessary funds to defend such claims (Sec. such debts will be paid according to the provisions of the will (Sec.
The following action may be commenced directly against the executor or administrator.1. or a right or interest therein. or c. d. Rule 87). Enforcement of a lien on the abovementioned. debt or duty. actions for causes which survive (Sec. There is a deficiency of assets in the hands of an executor or administrator for the payment of the debts and expenses of administration. b. For the recovery or protection of the property or rights of the deceased. b.ACTIONS THAT MAY BE BROUGHT AGAINST EXECUTORS AND ADMINISTRATORS State the actions which may be brought against the executor or administrator. The deceased in his lifetime had made fraudulent conveyance of his properties. REQUISITES BEFORE CREDITOR MAY BRING AN ACTION FOR THE RECOVERY OF PROPERTY FRAUDULENTLY CONVEYED BY THE DECEASED. An action to recover damages from any injury to a person or property. B. real or personal. By law.ACTIONS BY AND AGAINST EXECUTORS AND ADMINISTRATORS A. or credit. Rule 88). Rule 87). What actions may not be brought against the executor or administrator? No action upon a claim for recovery of money or debt or interest thereon shall be commenced against the executor or administrator (Sec. c. State the action which may be brought by an executor of administrator. Rule 87). Recovery of real or personal property or any interest therein from the estate. in the right of the deceased. or a debt or credit. They are the following: a. an executor or administrator may bring or defend. a.1. The conveyance was done with the intent to defraud his creditors or to avoid any right. 9. .2. State the requisites before a creditor may bring an action for recovery of properties fraudulently disposed of by the decedent. the conveyance would be void as against his creditors and the subject of the attempted conveyance would be liable to attachment in his lifetime (Sec. real or personal (Sec.
and expenses of administration. A bond is filed by the creditor. they shall be paid by the parties in proportion to their respective shares or interest (Sec. give a bond. Court of Appeals. shall assign the residue of the estate to the persons entitled to the same (Sec.Rule 90). . Liquidation refers to the determination of all the assets of the estate and the payment of all the debts and expenses (Bernardo v. otherwise. in a sum to be fixed by the court. if any. and h. b. Rule 88) DISTRIBUTION AND PARTITION A. by the deceased to any heir may be heard and determined by the court having jurisdiction of the estate proceedings (Sec. d. No distribution shall be allowed until the payment of the obligations above mentioned has been made or provided for. or alleged to have been made. on the application of the executor or administrator. 10.Rule 90). the last three requisites may be dispensed with when the grantee of the fraudulent conveyance is the executor or administrator himself.R. 1. and inheritance tax. Certified copies of final orders and judgments of the court relating to the real estate or the partition thereof shall be recorded in the registry of deeds of the province where the property is situated (Sec.e. Expenses of the partition may be paid by the executor or administrator out of the assets in his hands of sufficient. Rule 90). 4. The executor or administrator has shown no desire to file action or failed to institute the same within a reasonable time. chargeable to the estate in accordance with law. conditioned for the payment of said obligations within such time as the court directs (Ibid. No. Questions as to advancement made. 2. e. 1963). funeral charges.LIQUIDATION Define liquidation. f. or of a person interested in the estate. or any of them. However. have been paid. the court. After the debts. c. L-18148. Leave is granted by the court to the creditor to file the action. In such case the action should be in the name of all the creditors (Sec. G.Rule 90). g. The steps for distribution and partition are the following: a. unless the distributes. February 28. Outline the steps for distribution and partition of the estate of the decedent. 3. The action by the creditor is in the name of the executor or administrator. and hearing upon notice. the allowance to the widow.).
C. No. January 31.R. Its orders usually refers to the adjudication of claims against the estate which the executor or administrator may satisfy without the necessity of resorting to a . it is not necessary for the court to state the specific property adjudicated to an heir. If the estate proceedings have already closed. If the estate is a testate estate. If they cannot then agree on their respective specific participations. Controversies as to who are the lawful heirs of the deceased as to the distributive shares of each shall be heard and decided as in ordinary cases (Sec. 1972). If he is not excluded. The heirs who disagree may submit a counter-project of partition. No. Judge of CFI Pampanga. the project of partition must conform the terms of the will. If he is excluded from the proceedings. if intestate. he should file a motion for reopening of the proceeding. they can resort to an action for partition under Rule 69. but only has not received his distributive share under the project of partition.INSTANCES WHEN THE PROBATE COURT MAY ISSUE WRIT OF EXECUTION May the probate court issue a writ of execution? As a general rule. he may move for the reopening of the proceedings before the order declaring the same closed has become final and executory. 1.R. submit a project of partition to serve as a basis for the order of distribution. 1936). G.875. but may award the same to the heirs pro indiviso shares. c. the remedy is to file motion with the probate court for the delivery to him of his share of the estate. D. Rule 90). Reyes de Ilano. PROJECT OF PARTITION What is a project of partition? It is a document prepared by the executor or administrator setting forth the manner in which the estate of the deceased is to be distributed among the heirs. L-42092.f. The remedy is not to file an independent action for annulment of the project of partition (Guilas v. October 28. no. b. the project of partition must be in accordance with the provisions of the Civil Code (Albano. citing Camia de Reyes v. The heirs may.REMEDY OF AN HEIR ENTITLED TO RESIDUE BUT NOT GIVEN HIS SHARE What is the remedy of an heir who is entitled to receive his distributive share from the residue but was not given the same? It depends: a. within the prescriptive period. by agreement. L-26695. p. G.
G. Laguna v. b.Rule 142). Laguna v. becomes the property of the State upon his death (Municipal Council of San Pedro.Rule 88). L-3342. No. does not render any judgment enforceable by execution (Dinglasan v. NOTE: The following are the only instances when the probate court may issue a writ of execution: a. Intermediate Appellate Court. 1987).R. c.. b. seized of real property in the Philippines. L-45460. No.R. otherwise.WHEN TO FILE If a person dies intestate. 13. No.. An escheat proceeding must be initiated by the government through the Solicitor General or his representative. All interested parties. 1. . supra). The probate court as such. et al. may properly oppose the petition for escheat or file a claim thereto with the court within the period provided for (Municipal Council of San Pedro.R. 3. legatees or heirs when they have entered into prior possession of the estate before the debts and expenses have been settled and paid (Sec. it will be reverted to the State (Bermudo v. leaving no heir or person by law entitled to the same. April 18. Who may be the parties in the petition for escheat? They are: a. G.Rule 91). A. who dies without leaving any will and legal heirs.writ of execution. Inc. To satisfy the costs when a person is cited for examination in the probate proceedings (Sec. L-38622. an escheat proceeding may be filed (Sec. 1938). G. et al. 6.. October 26. 1951). Colegio de San Jose. To enforce the contributive share of the devisees.. To enforce the payment of the expenses of partition against the party not paying for the sum assessed (Sec. Ang Chia. Colegio de San Jose. c.Rule 90). especially the actual occupants and the adjacent lot owners shall be personally notified of the proceeding and given the opportunity to present their valid claims. Any person alleging to have a direct right of interest in the property sought to be escheated. Escheat is a proceeding where the real and personal property of the deceased person in the Philippines. likewise an interested and necessary party. Inc. February 25. ESCHEAT Define escheat.
REMEDY OF RESPONDENT AGAINST THE PETITION. Act No. 3.Rule 91). CFI-Manila. REQUISITES FOR FILING OF PETITION What are the requisites for the filing of a petition for escheat? They are: a. a depositary bank should be joined as a respondent in an action for escheat since a decree of escheat would necessarily deprive it of the use of such deposits (Sec. G. When and by whom may a claim to escheated property be filed? A devisee. August 30. 3936. an interest party should not be disallowed from filing a motion to dismiss the petition (Herrera. B. . c. or if it had been sold. widow. The deceased left properties in the Philippines (In re Estate of Lao Sayco. Republic v. may appear and file a claim thereto with the court within 5 years from the date of such judgment. February 13. and even admitting them hypothetically. b. widower. No. PERIOD OF FILING A CLAIM What is the remedy of respondent against a petition for escheat? When a petition for escheat does not state facts which entitle the petitioner to the remedy prayed for. it is clear that there is no ground for the court to proceed to the inquisition provided by law. p. No. C. the municipality or city shall be accountable for the proceeds after deducting reasonable charges for the care of the estate. Such person shall have possession of and title to the property. 1988). G. heir. 4. He left no heirs or persons by law entitled to the same. L-30381.227-228). A claim not within the 5-year period shall forever be barred (Sec.R. L4824. or other persons entitled to the estate. That a person died intestate. legatee. Under the Unclaimed Balance Law.R.d. 1912).
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