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only law which could possibly sanction the appointment of assessors is Act 190,
PRELIMINARIES
whichprovidedthatwhenthepartiesrequestfortheappointmentofanassessor,
thejudgewouldconsequentlyprovidethesame.
ACTION SPECIALPROCEEDING
Anactionbywhichapartysuesanother Anapplicationtoestablishthestatusor The trial court judge would be sustained if it is found that the provision also
for the enforcement or protection of a right of a party or a particular fact, or contemplatedspecialproceedingswhenitmentionedaction.
right, or the prevention or redress of a anyremedyotherthananordinarysuit
wrong inacourtofjustice HELD:
Thereisamarkeddistinctionbetweenan"action"anda"specialproceeding."An
It is a formal demand of ones legal Generally commenced through actionisaformaldemandofone'slegalrightsinacourtofjusticeinthemanner
rightsinacourtofjusticeinthemanner application, petition, or special form of prescribedbythecourtorbythelaw.Itisthemethodofapplyinglegalremedies
prescribedbythecourtofbythelaw pleading according to definite established rules. The term "special proceeding" may be
definedasanapplicationorproceedingtoestablishthestatusorrightofaparty,or
It is absolute rule that there is an Publicationusuallynecessarytoacquire aparticularfact.Usually,inspecialproceedings,noformalpleadingsarerequired,
adversarialparty jurisdiction unless the statute expressly so provides. The remedy in special proceedings is
generally granted upon an application or motion. Illustrations of special
Generaljurisdiction It is a general rule that there is no proceedings, in contradistinction to actions, may be given: Proceedings for the
adverse party (exception: in cases of appointmentofanadministrator,guardians,tutors;contestofwills;toperpetuate
Usually constitute actions in personam, habeascorpusproceedings) testimony; to change the name of persons; application for admission to the bar,
whereinthedecisionofthecourtwould etc.
onlybindthepartiesinthecase Constitute actions in remwherein
theseproceedingsbindthewholeworld Fromalloftheforegoing,inthepresentproceeding,thejudgeoftheCourtofFirst
Issuesdeterminedbythepleadings oncetheyareconcluded Instance is without authority to appoint assessors. Therefore, the demurrer is
herebyoverruledandtheprayerofthepetitionisherebygranted,anditishereby
Thereisaprescriptiveperiodinvolved Issuesdeterminedbylaw ordered and decreed that the order of the respondent judge appointing the
assessors described in the petition be and the same is hereby annulled and set
Therecanbeanawardfordamages Thereisnoprescriptiveperiodinvolved aside;and,withoutanyfindingastocosts,itissoordered.

Noawardofdamages 2 NATCHERV.COURTOFAPPEALS
366SCRA380
Generally, no default in special
proceedings FACTS:
SpousesdelRosarioweretheownersofaparcelofland.Whenthewifedied,the
1 HAGANSV.WISLEZENUS husband and the children extrajudicially partitioned the property. Graciano
42PHIL880 likewise donated part of his share in the land to his children and consequently
dividedhisshareintotwosellingonelottoathirdpersonandtheotherlot,he
FACTS: retainedashisown.Helatercontractedasecondmarriagetopetitioner.Before
Apetitionforcertiorariwasfiledagainstajudgewhoorderedtheappointmentof hisdeath,hesoldthesecondlottopetitioner.Uponhisdeath,thechildrenfiled
assessors in a special proceeding. Of all the laws existing during the period, the anactionforannulmentoftitle,allegingthatbeforetheirfathersdeath,through

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fraudandforgery,petitionerunlawfullytransferredthelandtoher.Thetrialcourt advancement made by the decedent Graciano Del Rosario to his wife, herein
ruled that the deed of sale was void and against the law. nonetheless, the petitionerNatcher.
conveyancecanbeconsideredasanadvanceinheritance.Thiswasreversedbythe
CourtofAppealshoweveronappealrulingthatthetrialcourtshouldn'truleon 3 VDA.DEMANALOV.COURTOFAPPEALS
matterswhichtheprobatecourthasproperjurisdictionover. 349SCRA135

HELD: FACTS:
Ascouldbegleanedfromtheforegoing,thereliesamarkeddistinctionbetweenan Troadio Manalo died intestate, leaving his spouse and children as heirs. Eight of
action and a special proceeding. An action is a formal demand of one's right in a thesechildrenfiledforthesettlementoftheestateoftheirfather.Thetrialcourt
court of justice in the manner prescribed by the court or by the law. It is the issued an order setting a date for hearing as well as publication of the same in
methodofapplyinglegalremediesaccordingtodefiniteestablishedrules.Theterm newspapers. Petitioners opposed and sought that they be heard on their
"special proceeding" may be defined as an application or proceeding to establish affirmativedefensesregardingthecasesdismissalaswellasthatthecourthasn't
thestatusorrightofaparty,oraparticularfact.Usually,inspecialproceedings,no acquired jurisdiction over them. The trial court issued an order overruling the
formal pleadings are required unless the statute expressly so provides. In special petitionerscontention.Itwassustainedbytheappellatecourtdespiteallegations
proceedings,theremedyisgrantedgenerallyuponanapplicationormotion." of the petitioners that the special proceedings applied for by respondents was
actuallyinthenatureofanordinarycivilactionfiledagainstthem.
Applyingtheseprinciples,anactionforreconveyanceandannulmentoftitlewith
damagesisacivilaction,whereasmattersrelatingtosettlementoftheestateofa HELD:
deceasedpersonsuchasadvancementofpropertymadebythedecedent,partake It is a fundamental rule that in the determination of the nature of an action or
ofthenatureofaspecialproceeding,whichconcomitantlyrequirestheapplication proceeding, the averments and the character of the relief sought 16 in the
ofspecificrulesasprovidedforintheRulesofCourt. complaint,orpetition,asinthecaseatbar,shallbecontrolling.Acarefulsrutinyof
thePetitionforIssuanceofLettersofAdministration,SettlementandDistribution
Clearly, matters which involve settlement and distribution of the estate of the ofEstateinSP.PROC.No.9263626belieshereinpetitioners'claimthatthesameis
decedentfallwithintheexclusiveprovinceoftheprobatecourtintheexerciseof in the nature of an ordinary civil action. The said petition contains sufficient
itslimitedjurisdiction. jurisdictionalfactsrequiredinapetitionforthesettlementofestateofadeceased
personsuchasthefactofdeathofthelateTroadioManaloonFebruary14,1992,
Thus,underSection2,Rule90oftheRulesofCourt,questionsastoadvancement aswellashisresidenceintheCityofManilaatthetimeofhissaiddeath.Thefact
madeorallegedtohavebeenmadebythedeceasedtoanyheirmaybeheardand of death of the decedent and of his residence within he country are foundation
determinedbythecourthavingjurisdictionoftheestateproceedings;andthefinal factsuponwhichallthesubsequentproceedingsintheadministrationoftheestate
orderofthecourtthereonshallbebindingonthepersonraisingthequestionsand rest. The petition is SP.PROC No. 9263626 also contains an enumeration of the
ontheheir. names of his legal heirs including a tentative list of the properties left by the
deceased which are sought to be settled in the probate proceedings. In addition,
Corollarily, the Regional Trial Court in the instant case, acting in its general the relief's prayed for in the said petition leave no room for doubt as regard the
jurisdiction,isdevoidofauthoritytorender anadjudicationandresolvetheissue intention of the petitioners therein (private respondents herein) to seek judicial
of advancement of the real property in favor of herein petitioner Natcher, settlementoftheestateoftheirdeceasedfather,TroadioManalo.
inasmuch as Civil Case No. 471075 for reconveyance and annulment of title with
damages is not, to our mind, the proper vehicle to thresh out said question. JURISDICTION
Moreover,underthepresentcircumstances,theRTCofManila,Branch55wasnot
properlyconstitutedasaprobatecourtsoastovalidlypassuponthequestionof EXTENTOFJURISDICTION

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1. Concurrent jurisdiction over guardianship and adoption cases is now toherofhershareintheHaciendaEvangelistauponthegroundthatthesamewas


eliminatedandexclusivejurisdictionisnowvestedwiththeRTC acquiredbyrespondentthroughfraudormisrepresentationcannotbeobtainedby
2. Municipal trial courts can likewise appoint guardians ad litem in proper amerepetitionintheprobateproceedings.Thecourtoffirstinstance,actingasa
cases and where said incompetent is not represented by his parents or probatecourt,haslimitedjurisdictionandcantakecognizanceonlyof"mattersof
judicialguardian probate, both testate and intestate estates, ... and all such special cases and
3. Municipal trial courts have exclusive jurisdiction over probate cases proceedingsasarenototherwiseprovidedfor"Thejurisdictionofaprobatecourt
involving a gross value of the estate not exceeding P20,000later is limited and special, and this should be understood to comprehend only cases
amendedbyincreasingittoP300,000andP400,000inMetroManila relatedtothosepowersspecifiedinthelaw,andcannotextendtotheadjucation
4. ThewritofhabeascorpusmaybeissuedbytheSupremeCourt,Courtof ofcollateralmatters.
Appeals,andRTC
5. Specialjurisdictionisconferredtomunicipalcourtjudgesintheabsence The petition filed by petitioner before the probate court which seemingly seeks
ofanyRTCjudge merely the reconveyance to her of her undivided share in a parcel of land which
6. Family Courts have exclusive original jurisdiction over petitions for originallyformedpartoftheestateofherfatherinfactcallsforthenullification,of
guardianship, custody, habeas corpus in relation to the latter, and theorderofexecutionissuedbytheprobatecourtwhichisalreadyfinal,andofthe
adoptionofchildrenandrevocationthereof subsequent sale of a property to respondent, upon the alleged ground of fraud.
7. Publication of judicial orders and notices is often required in special The defense interposed by respondent is that petitioner's action to recover the
proceedingsforjurisdictionalpurposes propertyisalreadybarredbyprescription,laches,andresjudicata.Thepetitionfor
reconveyancehasgivenrisetoacontroversyinvolvingrightsoverarealproperty
4 MANGALIMANV.GONZALES which would require the presentation of evidence and the determination of legal
36SCRA462 questionsthatshouldbeventilatedinacourtofgeneraljurisdiction.

FACTS: 5 BAYBAYANV.AQUINO
Petitionerwastheillegitimatedaughterofthedecedentandwasgivenalegacyof 149SCRA185
1/8undividedportioninHaciendaEvangelista.Sinceshewasstillaminorduring
thistime,shewasplacedunderguardianship.Oneofthelegitimatechildrenwas FACTS:
the administrator of the estate. On allegations that his fees werent paid yet, he Private respondents, alleging themselves to be the nephews and nieces of a
filed for a writ of execution. The whole Hacienda Evangelista was sold in public decedent,soughtthesummarysettlementofthesamesestate.Theprobatecourt
auctiontorespondentadministrator,includingthatshareofpetitioner.Whenshe orderedthesubmissionofaprojectofpartitiontogetherwiththeaccountingand
cameofage,shetriedtoannulthesaletoherhalfbrotherbutshewasoverruled inventory of the properties. The property was then distributed and writs of
onthegroundthattheguardianknewofthesaleandshouldhavefiledtheaction possessionwereissuedtotheprivaterespondents.Consequently,motionstocite
to annul long before. She then discovered that the fees were actually paid and petitioners in contempt of court were filed, who allegedly interrupted private
through fraud and machinations, brotheradministrator was able to sell the respondentsintakingpossessionoftheland.Thepetitionersontheotherhand,
Hacienda to himself. She sought then the annulment of the sale again, in the filedforquietingoftitleagainstthesheriffandotherprivaterespondents.Later,
probate court, alleging anew the fraud employed. Her complaint was again the probate court found out that the land specified in the application was
dismissed. registeredinthenamesofpetitioners.Itthenissuedanorderdenyingthemotion
for contempt of court and likewise ordered the petitioners to amend their
HELD: complaintagainstprivaterespondents.
The probate court has no jurisdiction to take cognizance of the petition for
reconveyance,inquestion.Theremedysoughtbypetitionerforthereconveyance HELD:

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The contention, in our opinion, is not meritorious. While it may be true that the decedent. They likewise prayed for the appointment of their brother as special
ordertoamendthecomplaintfiledinCivilCaseNo.231RwasissuedinSpec.Proc. administrator in lieu of the husband to protect their interest and also due to the
No. 24R, so that it cannot ordinarily bind the herein petitioners who are not failure to file an inventory. The probate of the will in the meantime was denied
parties in said special proceedings, it appears, however, that the petitioners and to this, the husband appealed. Consequently, the brother was appointed as
voluntarily submitted themselves to the jurisdiction of the probate court, when administrator. The husband filed a petition for certiorari and for preliminary
they filed an Omnibus Motion in Civil Case No. 231R, wherein they prayed for injunction, praying therein the annulment of the brother as coadministrator and
leavetoamendtheircomplaintinaccordancewiththeorderoftheprobatecourt the prohibition of the probate court from proceeding in his removal as
of 30 October 1975. They cannot now be allowed belatedly to adopt an administrator.ThepetitionersmovedforthecertificationofthesametotheSCas
inconsistent posture by attacking the jurisdiction of the respondent trial Judge to the amount involved exceeds the jurisdiction of the CA. Nevertheless, the CA
whomtheysubmittedtheircausevoluntarily. decidedinfavorofthehusband.

We find, however, that the respondent Judge committed a grave abuse of HELD:
discretion,amountingtolackofjurisdiction,indismissingthecomplaintfiledbythe Under Section 2, Rule 75, of the Rules of Court, the property to be administered
petitioners,fortheirallegedfailuretoamendtheircomplainttoexcludetherefrom and liquidated in testate or intestate proceedings of the deceased spouse is, not
LotEwhichtherespondentJudgefound,inhisorderof30October1975,issuedin only that part of the conjugal estate pertaining to the deceased spouse, but the
the probate court, to be owned by the petitioners Cipriano Evangelista and entire conjugal estate. This Court has already held that even if the deceased had
Consuelo Baybayan. The findings of the respondent Judge as to the ownership of leftnodebts,uponthedissolutionofthemarriagebythedeathofthehusbandor
LotEafterthehearingconductedinSpec.Proc.No.24Rdonotjustifytheorderto wife,thecommunitypropertyshallbeinventoried,administered,andliquidatedin
amendthecomplaintsincethedeterminationoftheownershipofthesaidlotby thetestateorintestateproceedingsofthedeceasedspouse.Inanumberofcases
the respondent Judge presiding over a court exercising probate jurisdiction is not where appeal was taken from an order of a probate court disallowing a will, this
final or ultimate in nature and is without prejudice to the right of an interested Court, in effect, recognized that the amount or value involved or in controversy
partytoraisethequestionofownershipinaproperaction. therein is that of the entire estate. Not having appellate jurisdiction over the
proceedings in probate (CAG.R. No. 27478R), considering that the amount
Itisawellsettledruleinthisjurisdiction,sanctionedandreiteratedinalongfineof involvedthereinismorethanP200,000.00,theCourtofAppealscannotalsohave
decisions,that"whenquestionsariseastoownershipofpropertyallegedtobea original jurisdiction to grant the writs of certiorari and prohibition prayed for by
partoftheestateofadeceasedperson,butclaimedbysomeotherpersontobe respondentintheinstantcase,whicharemerelyincidentalthereto.
his property, not by virtue of any right of inheritance from the deceased, but by
title adverse to that of the deceased and his estate, such questions cannot be Note also that the present proceedings under review were for the annulment of
determinedinthecourtsofadministrativeproceedings.TheCourtofFirstInstance, the appointment of Eliezar Lopez as special coadministrator and to restrain the
acting,asaprobatecourt,hasnojurisdictiontoadjudicatesuchcontentions,which probatecourtfromremovingrespondentasspecialadministrator.Itistherefore,a
must be submitted to the Court of First Instance in the exercise of its general contest for the administration of the estate and, consequently, the amount or
jurisdictionasacourtoffirstinstance." valueoftheassetsofthewholeestateisthevalueincontroversy(4C.J.S.204).It
appearingthatthevalueoftheestateindisputeismuchmorethanP200,000.00,
6 FERNANDEZV.MARAVILLA the Court of Appeals clearly had no original jurisdiction to issue the writs in
10SCRA589 question.

FACTS: 7 MANALOV.PAREDES
Maravilla sought the probate of his late wifes will. The siblings sought denial of 47PHIL938
probate on the ground that it wasn't signed on each and every page by the

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FACTS: hisministerialdutyimposedbysection330oftheCodeofCivilProcedure;because
Hidalgo filed with the court her letters of administration of the estate left by her thisremedy,beingextraordinary,cannotbeusedinlieuofappeal,orwritoferror
deceased husband. In the same proceedings, the illegitimate children together (26 Cyc., 177; 18 R.C.L., par. 443); especially when the parties interested have
withthecommonlawwifeofthedecedent,askedfortheprobateofthesupposed agreed to disregard the testamentary provisions and divide the estate as they
willofthedecedent.Publicationoftheapplicationwasproperlymadeaswellasa pleased,eachofthemtakingwhatpertainedtohim(25R.C.L.,359).
guardian for the minoir children was appointed. When asked by the court to
producethewill,thecommonlawwifeadmittedtohavecoercedthehusbandto
RULE72
signthewilltosecurethatthechildrenwouldbeleftsomethingoutofhisestate.
SUBJECTMATTERANDAPPLICABILITYOFGENERALRULES
Thepartiesthensubsequentlyenteredintoanagreementwhereintheapplication
forprobatewaswithdrawnandconsequently,thecourtdeniedtheprobateofthe
will. Thereafter, using the same will, a cousin of the decedent filed another Section1.Subjectmatterofspecialproceedings.Rulesofspecialproceedingsare
applicationforprobate.Andupondenialofthejudgetopublictheapplicationor providedforinthefollowingcases:
giveduecoursetothesame,hefiledformandamus.
(a)Settlementofestateofdeceasedpersons;
HELD:
Theproceedingfortheprobateofawillisaproceedinginrem(40Cyc.,p.1265), (b)Escheat;
and the court acquires jurisdiction over all the persons interested through the
publicationofthenoticeprescribedbysection630oftheCodeofCivilProcedure, (c)Guardianshipandcustodyofchildren;
and any order that may be entered is binding against all of them. Through the
publicationorderedbytheCourtofFirstInstanceofLagunaoftheapplicationfor (d)Trustees;
the probate of the supposed will of Francisco Villegas, filed by Justina Mendieta
andherminorchildrenLazaroandDariaMendietaandMelecioFule,testamentary (e)Adoption;
executor, through their attorney, Mr. Eusebio Lopez, said court acquired
jurisdictionoverallsuchpersonsaswereinterestedinthesupposedwill,including (f)Rescissionandrevocationofadoption;
GelacioMalihan.Thecourthavingtriedsaidapplicationforprobate,hearingallthe
testimonyoftheattestingwitnessesofthesaidsupposedwill,theapplicantJustina (g)Hospitalizationofinsanepersons;
Mendietaforherselfandasguardianadlitemofherminorchildren,represented
bytheirattorneys,Messrs.MarcelinoLontokandMarcialAzada,ontheonehand, (h)Habeascorpus;
and Laureana Hidalgo, widow of Francisco Villegas, represented by her attorney,
Jesus.E.Blanco,ontheother,havingsubmittedastipulationwhereintheformer (i)Changeofname;
withdrewherapplicationandthelatterreservedcertainrightsovertheestateleft
byFranciscoVillegasinfavorofJustinaMendietaandherminorchildren;andthe (j)Voluntarydissolutionofcorporations;
court having approved said stipulation and declared that Francisco Villegas died
intestate according to said agreement, all the parties became bound by said (k)Judicialapprovalofvoluntaryrecognitionofminornaturalchildren;
judgment;andifanyofthemorotherpersonsinterestedwerenotsatisfiedwith
the court's decision, they had the remedy of appeal to correct any injustice that (l)Constitutionoffamilyhome;
might have been committed, and cannot now through the special remedy of
mandamus, obtain a review of the proceeding upon a new application for the (m)Declarationofabsenceanddeath;
probateofthesamewillinordertocompeltherespondentjudgetocomplywith

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(n)Cancellationofcorrectionofentriesinthecivilregistry. ofAppealsshallbesenttothepropercourt,whichshallhearthesameasifithad
originallybeenbroughtbeforeit".
Section 2. Applicability of rules of civil actions. In the absence of special
provisions, the rules provided for in ordinary actions shall be, as far as On the question of the appointment of petitioner Eliezar Lopez as special
practicable,applicableinspecialproceedings. administrator,weagreewithrespondentthattherewasnoneedforit.Notethat
the Rules of Court contain no provision on special coadministrator, the reason
RELATIONTOPROVISIONSINTHERULESOFCOURT being,thattheappointmentofsuchspecialadministratorismerelytemporaryand
Distinction between final and interlocutory orders in civil actions for subsists only until a regular executor or administrator is duly appointed. Thus, it
determiningtheissueofappealabilityisnotstrictlyapplicabletoorders wouldnotonlybeunnecessarybutalsoimpractical,ifforthetemporaryduration
issuedinspecialproceedings of the need for a special administrator, another one is appointed aside from the
Rule 33 on judgment on demurrer to evidence is applicable to special husband, in this case, upon whom the duty to liquidate the community property
proceedings devolvesmerelytoprotecttheinterestsofpetitionerswho,intheeventthatthe
disputedwillisallowedtoprobate,wouldevenhavenorighttoparticipateinthe
CONSTRUCTIONOFTHERULESONSPECIALPROCEEDINGS proceedingsatall.
Liberalconstructionaslongasnosubstantiverightswillbeprejudicedor
violated
SETTLEMENTOFESTATE
8 FERNANDEZV.MARAVILLA
Supra
RULE73

VENUEANDPROCESS
HELD:
ThecasescitedbyrespondentwherethisCourtruledthattheseparatetotalclaim
of the parties and not the combined claims against each other determine the Section 1. Where estate of deceased persons settled. If the decedent is an
appellate jurisdictional amount, are not applicable to, the instant case, because inhabitant of the Philippines at the time of his death, whether a citizen or an
Section2,Rule75oftheRulesofCourtisexplicitthattheamountorvalueinvolved alien,hiswillshallbeproved,orlettersofadministrationgranted,andhisestate
or in controversy in probate proceedings is that of the entire estate. Assuming, settled, in the Court of First Instance in the province in which he resides at the
arguendo, that the rule in the cases cited by respondent is here applicable, it timeofhisdeath,andifheisaninhabitantofaforeigncountry,theCourtofFirst
shouldbenotedthatrespondentclaimsthewholeestateofatleastmorethan3/4 Instanceofanyprovinceinwhichhehadestate.Thecourtfirsttakingcognizance
thereof.Saidclaim,reducedtoapecuniarystandard,onthebasisoftheinventory, of the settlement of the estate of a decedent, shall exercise jurisdiction to the
would amount to more than P200,000.00 and, consequently, within the exclusive exclusion of all other courts. The jurisdiction assumed by a court, so far as it
jurisdictionoftheSupremeCourt. depends on the place of residence of the decedent, or of the location of his
estate, shall not be contested in a suit or proceeding, except in an appeal from
Whileitistruethatquestionsoffacthavebeenraisedintheprobateproceedings thatcourt,intheoriginalcase,orwhenthewantofjurisdictionappearsonthe
(Spec.Proc.No.4977,CFIofNegrosOccidental)whichwasappealedbyrespondent record.
totheCourtofAppeals,itbecomesimmaterial,inviewofSections17and31ofthe
Judiciary Act of 1948, as amended, providing that the Supreme Court shall have Section2.Whereestatesettledupondissolutionofmarriage.Whenthemarriage
exclusive appellate jurisdiction over "all cases in which the value in controversy isdissolvedbythedeathofthehusbandorwife,thecommunitypropertyshallbe
exceeds two hundred thousand pesos, exclusive of interests and costs", and that inventoried, administered, and liquidated, and the debts thereof paid, in the
"allcaseswhichmaybeerroneouslybroughttotheSupremeCourt,ortotheCourt testate or intestate proceedings of the deceased spouse. If both spouses have

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died, the conjugal partnership shall be liquidated in the testate or intestate 1. Theinterestedpartieswhoareallheirsofthedeceasedconsentthereto
proceedingsofeither. andtheinterestsofthirdpartiesarentprejudiced
2. Provisionalmanneronly
RESIDENCE,ACCORDINGTOFULECASE
Meanshispersonal,actual,orphysicalhabitation,hisactualresidence,or AT WHAT INSTANCES MAY THE PROBATE COURT ONLY ISSUE WRITS OF
placeofabode EXECUTION?
1. To satisfy the contributive shares of the devisees, legatees and heirs in
WHAT IS DETERMINED BY THE QUESTION OF RESIDENCE IN SETTLEMENT OF possessionofthedecedentsassets
ESTATES? 2. Toenforcepaymentofpartitionexpenses
Determinativeofvenueanddoesntaffectthequestionofjurisdictionof 3. To satisfy the costs when a person is cited for examination in probate
thecourt proceedings
As venue may be waived, the submission of all affected parties to said 4. Toexecuteagainstthebondexecutedbytheadministrator/executor
proceedingisawaiverofobjectiontothiserror 5. To satisfy administration fees pursuant to agreement (if we follow the
However,wheretheproceedingwascommencedintheimpropervenue caseofMangaliman)
anditwasquestionedseasonably,thepetitionshouldbedismissedand
shouldbeinstitutedinthepropercourt Section3.Process.Intheexerciseofprobatejurisdiction,CourtsofFirstInstance
mayissuewarrantsandprocessnecessarytocompeltheattendanceofwitnesses
WHICH COURT HAS EXCLUSIVE JURISDICTION TO RESOLVE THE QUESTION OF ortocarryintoeffecttheirsordersandjudgments,andallotherpowersgranted
IMPROPERVENUE? thembylaw.Ifapersondoesnotperformanorderorjudgmentrenderedbya
The court in which the proceedings were first filed has the exclusive court in the exercise of its probate jurisdiction, it may issue a warrant for the
jurisdictiontosettlethequestionofimpropervenue apprehensionandimprisonmentofsuchpersonuntilheperformssuchorderor
It acquires exclusive jurisdiction to resolve all questions concerning the judgment,orisreleased.
settlementoftheestatetotheexclusionoftheothercourts
Section 4. Presumption of death. For purposes of settlement of his estate, a
CANACOURTBEDIVESTEDOFJURISDICTIONUPONFILINGOFPETITION? personshallbepresumeddeadifabsentandunheardfromfortheperiodsfixed
No, the court acquires jurisdiction upon the filing of the petition and it intheCivilCode.Butifsuchpersonprovestobealive,heshallbeentitledtothe
cannotbedivestedofthesamethroughsubsequentactsofthepartiesor balance of his estate after payment of all his debts. The balance may be
throughfilinganotherpetitionforsettlementinanothercourt recoveredbymotioninthesameproceeding.

HOW SHOULD THE CONJUGAL PARTNERSHIP BE LIQUIDATED UPON DEATH OF 9 SALAZARV.CFI
EITHERORBOTHSPOUSES? 64PHIL78
It shall be liquidated in the proceedings for the estate of the deceased
spouseandifbothdied,intheproceedingsofeitherestate FACTS:
If separate proceedings have been instituted for each estate, both Salazarfiledapetitionfortheprobateoftheallegedwillofhisdeceasedmother.
proceedingsmaybeconsolidatediftheywerefiledinthesamecourt In opposition thereto, the respondent Rivera filed her counterpetition, wherein
sheallegedthatthewillshehasinpossessionisthetruewillofthedeceased.She
WHEN MAY A PROBATE COURT PASS UPON QUESTIONS OF OWNERSHIP OF prayedthatthesecondwillbeadmittedtoprobateinstead.Atfirstorder,shewas
PROPERTY? deniedbythecourtbutonamotionforreconsideration,shewasallowedtodoso,
with the proper publications, etc. accordingly made. This was opposed to by

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Salazar on the ground that Rivera was not able to pay accordingly the court fees FACTS:
andthus,thecourthasnotacquiredjurisdictionoverthecase. Whenhisdaughterdied,thefatherexecutedanaffidavitexecutinginhisfavorthe
estate.Lateron, oneofthedecedentssisterssubmittedforprobatethealleged
HELD: willofthedecedent.ItwasshownthatthedecedentwasacitizenoftheUSand
Under the foregoing provisions, a Court of First Instance acquires jurisdiction to thatshediedwhiletemporarilyresidingwithhersister.Thefatheropposedthisat
probate a will when it is shown by evidence before it: (1) That a person has died firstbutlateronwithdrewtheoppositionwhichwasaffirmedbyhismanifestation.
leaving a will; (2) in the case of a resident of this country, that he died in the When the order admitting for probate was given by the court, the father alleged
province where the court exercises territorial jurisdiction; (3) in the case of a thathewithdrewtheoppositionerroneouslythroughfraudemployedagainsthim.
nonresident,thathehasleftaestateintheprovincewherethecourtissituated, This was however unsubstantiated. The father consequently died and leaving
and (4) that the testament or last will of the deceased has been delivered to the petitionertosubstitutehim.
courtandisinthepossessionthereof.
HELD:
Thelawissilentastothespecificmannerofbringingthejurisdictionalallegations Finally,wefindthecontentionofthepetitionastotheissueofjurisdictionutterly
beforethecourtbutpracticeandjurisprudencehaveestablishedthattheyshould devoidofmerit.UnderRule73,Section1,oftheRulesofCourt,itisprovidedthat:
be made in the form of an application and filed with the original of the will
attachedthereto.Ithasbeenthepracticeinsomecourtstopermitattachmentofa SECTION 1. Where estate of deceased persons settled. If the decedent is an
merecopyofthewilltotheapplication,withoutprejudicetoproducingtheoriginal inhabitantofthePhilippinesatthetimeofhisdeath,whetheracitizenoranalien,
thereof at the hearing or when the court so requires. This precaution has been hiswillshallbeproved,orlettersofadministrationgranted,andhisestatesettled,
adaptedbysomeattorneystoforestallitsdisappearance,whichhastakenplacein intheCourtofFirstInstanceintheprovinceinwhichheresidedatthetimeofhis
certaincases. death,andifheisaninhabitantofaforeigncountry,theCourtofFirstInstanceof
any province in which he had estate. The court first taking cognizance of the
According to the facts alleged and admitted by the parties, it is evident that the settlementoftheestateofadecedent,shallexercisejurisdictiontotheexclusion
courthasacquiredjurisdictiontoprobatethesecondwill,inviewofthepresence ofallothercourts.Thejurisdictionassumedbyacourt,sofarasitdependsonthe
of all the jurisdictional facts abovestated. The respondent's counterpetition place of residence of the decedent, or of the location of his estate, shall not be
should,inthiscase,beconsideredasapetitionfortheprobateofthesecondwill, contested in a suit or proceeding, except in an appeal from that court, in the
theoriginalofwhichwasfiledbyheronJuly20,1937. originalcase,orwhenthewantofjurisdictionappearsontherecord.

Thepaymentofthefeesoftheclerkofcourtforallservicestoberenderedbyhim Therefore, the settlement of the estate of Adoracion Campos was correctly filed
in connection with the probate of the second will and for the successive with the Court of First Instance of Manila where she had an estate since it was
proceedings to be conducted and others to be issued,inaccordance with section alleged and proven that Adoracion at the time of her death was a citizen and
788,asamended,isnotjurisdictioninthesensethatitsomissiondoesnotdeprive permanent resident of Pennsylvania, United States of America and not a "usual
the court of its authority to proceed with the probate of a will, as expressly resident of Cavite" as alleged by the petitioner. Moreover, petitioner is now
provided for by section 630. It is the inevitable duty of the court, when a will is estoppedfromquestioningthejurisdictionoftheprobatecourtinthepetitionfor
presentedtoit,toappointhearingforitsallowanceandtocausenoticethereofto relief. It is a settled rule that a party cannot invoke the jurisdiction of a court to
begivenbypublication. secureaffirmativerelief,againsthisopponentandafterfailingtoobtainsuchrelief,
repudiateorquestionthatsamejurisdiction.
10 CAYETANOV.LEONIDAS
129SCRA522 11 INREKAWSINGCO
74PHIL239

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the right of the person who seeks administration, as next of kin, creditor, or
FACTS: otherwise,tobeappointed.Thefactofdeathoftheintestateandhislastresidence
A resolution was issued by the court certifying the case to the /CA for further withinthecountryarefoundationfactsuponwhichallsubsequentproceedingsin
proceedings,whereinaquestionoffactastowherethedecedentdiedwastobe theadministrationoftheestaterest,andthatiftheintestatewasnotaninhabitant
inquiredinto.Thiswasquestionedbythepetitioner. ofthestateatthetimeofhisdeath,andleftnoassetsinthestate,nojurisdictionis
conferredonthecourttograntlettersofadministration.
HELD:
The law which provides that the estate of the deceased shall be settled in the The aforequoted Section 1, Rule 73 (formerly Rule 75, Section 1), specifically the
province where he last resided couldn't have been intended to have meant as clause "so far as it depends on the place of residence of the decedent, or of the
jurisdiction of the probate court over the subject matter. such provision is location of the estate," is in reality a matter of venue, as the caption of the Rule
containedinalawofprocedureanddealsmainlywithproceduralmatters. indicates: "Settlement of Estate of Deceased Persons. Venue and Processes. It
could not have been intended to define the jurisdiction over the subject matter,
12 GARCIAFULEV.COURTOFAPPEALS becausesuchlegalprovisioniscontainedinalawofproceduredealingmerelywith
74SCRA189 proceduralmatters.Procedureisonething;jurisdictionoverthesubjectmatteris
another.Thepowerorauthorityofthecourtoverthesubjectmatter"existedand
FACTS: wasfixedbeforeprocedureinagivencausebegan."Thatpowerorauthorityisnot
Garcia Fule filed letters for administration of the decedent. She alleged that the altered or changed by procedure, which simply directs the manner in which the
deceased last resided in Calamba. This was opposed by the respondent on the powerorauthorityshallbefullyandjustlyexercised.Therearecasesthoughthatif
groundthatthevenuewasimproperlylaidandthatjurisdictionoversubjectmatter thepowerisnotexercisedconformablywiththeprovisionsoftheprocedurallaw,
wasn'tacquired.Shequestionedtheappointmentofpetitioneraswellasspecial purely, the court attempting to exercise it loses the power to exercise it legally.
administratixsincethelatterhasallegedlyadverseinterestovertheestate. However, this does not amount to a loss of jurisdiction over the subject matter.
Rather, it means that the court may thereby lose jurisdiction over the person or
HELD: that the judgment may thereby be rendered defective for lack of something
Section 1, Rule 73 of the Revised Rules of Court provides: "If the decedent is an essential to sustain it. The appearance of this provision in the procedural law at
inhabitantofthePhilippinesatthetimeofhisdeath,whetheracitizenoranalien, onceraisesastrongpresumptionthatithasnothingtodowiththejurisdictionof
hiswillshallbeproved,orlettersofadministrationgranted,andhisestatesettled, thecourtoverthesubjectmatter.Inplainwords,itisjustamatterofmethod,of
intheCourtofFirstInstanceintheprovinceinwhichheresidesatthetimeofhis conveniencetotheparties.
death,andifheisaninhabitantofaforeigncountry,theCourtofFirstInstanceof
any province in which he had estate. The court first taking cognizance of the DivergentclaimsaremaintainedbyVirginiaG.FuleandPreciosaB.Garciaonthe
settlementoftheestateofadecedent,shallexercisejurisdictiontotheexclusion residence of the deceased Amado G. Garcia at the time of his death. One alleges
ofallothercourts.Thejurisdictionassumedbyacourt,sofarasitdependsonthe that he died in Calamba while the other alleges that it was in Quezon City as
place of residence of the decedent, or of the location of his estate, shall not be evincedbythedeathcertificate.
contested in a suit or proceeding, except in an appeal from that court, in the
original case, or when the want of jurisdiction appears on the record." With Onthisissue,itisruledthatthelastplaceofresidenceofthedeceasedAmadoG.
particular regard to letters of administration, Section 2, Rule 79 of the Revised Garcia was at 11 Carmel Avenue, Carmel Subdivision, Quezon City, and not at
Rules of Court demands that the petition therefor should affirmatively show the Calamba, Laguna. A death certificate is admissible to prove the residence of the
existenceofjurisdictiontomaketheappointmentsought,andshouldallegeallthe decedentatthetimeofhisdeath.Andmoreimportantly
necessary facts, such as death, the name and last residence of the decedent, the
existence,andsitusifneedbe,ofassets,intestacy,wherethisisreliedupon,and

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Resides should be viewed or understood in its popular sense, meaning, the AfairreadingoftheRule sinceitdealswithvenueandcomitybetweencourtsof
personal,actualorphysicalhabitationofaperson,actualknowledgeorplaceof equal and coordinate jurisdiction indicates that the court with whom the
abode. It signifies physical presence in a place and actual stay thereat. In this petitionisfirstfiled,mustalsofirsttakecognizanceofthesettlementoftheestate
popularsense,thetermmerelymeansresidence,thatis,personalresidence,and inordertoexercisejurisdictionoverittotheexclusionofallothercourts.
notlegalresidenceordomicile.Residencesimplyrequiresbodilypresenceinthat
particular place and also an intention to make it ones domicile. No particular Conversely, such court, may upon learning that a petition for probate of the
lengthoftimeofresidenceisrequiredthough.Howeveritshouldbemorethan decedent's last will has been presented in another court where the decedent
temporary. obviouslyhadhisconjugaldomicileandresidedwithhissurvivingwidowandtheir
minor children, and that the allegation of the intestate petition before it stating

that the decedent died intestate may be actually false, may decline to take
13 CUENCOV.COURTOFAPPEALS
cognizanceofthepetitionandholdthepetitionbeforeitinabeyance,andinstead
53SCRA360
defer to the second court which has before it the petition for probate of the
decedent'sallegedlastwill.
FACTS:

UponthedeathofSenatorCuenco,leavinghiswidowand2minorchildren,letters
This exactly what the Cebu court did. Upon petitionerwidow's filing with it a
for administration of the estate was filed by respondent in Cebu City, alleging
motion to dismiss Lourdes' intestate petition, it issued its order holding in
thereinthatthedeceaseddiedintestateandthathislastknownresidencewasin abeyanceitsactiononthedismissalmotionanddeferredtotheQuezonCitycourt,
CebuCity.Inthemeantime,thewidowfiledinQuezonCity,whereinthedeceased awaiting its action on the petition for probate before that court. Implicit in the
has died, petition to admit into probate the last will and testament of the
Cebucourt'sorderwasthatifthewillwasdulyadmittedtoprobate,bytheQuezon
decedent. Upon learning of the pending petition in Cebu City, she filed her
Citycourt,thenitwoulddefinitelydeclinetotakecognizanceofLourdes'intestate
oppositionandmotiontodismissthepetitionbyrespondent.
petition which would thereby be shown to be false and improper, and leave the
exerciseofjurisdictiontotheQuezonCitycourt,totheexclusionofallothercourts.
HELD:
Likewisebyitsactofdeference,theCebucourtleftittotheQuezonCitycourtto
The Judiciary Act concededly confers original jurisdiction upon all Courts of First
resolvethequestionbetweenthepartieswhetherthedecedent'sresidenceatthe
Instanceover"allmatterofprobate,bothoftestateandintestateestates."Onthe
time of his death was in Quezon City where he had his conjugal domicile rather
otherhand,Rule73,sectionoftheRulesofCourtlaysdowntheruleofvenue,as thaninCebuCityasclaimedbyrespondents.TheCebucourtthusindicatedthatit
theverycaptionoftheRuleindicates,andinordertopreventconflictamongthe
would decline to take cognizance of the intestate petition before it and instead
differentcourtswhichotherwisemayproperlyassumejurisdictionfromdoingso,
defertotheQuezonCitycourt,unlessthelatterwouldmakeanegativefindingas
the Rule specifies that "the court first taking cognizance of the settlement of the
totheprobatepetitionandtheresidenceofthedecedentwithinitsterritoryand
estateofadecedent,shallexercisejurisdictiontotheexclusionofallothercourts."
venue.

ItshouldbenotedthattheRuleonvenuedoesnotstatethatthecourtwithwhom
Itcannotbedeniedthataspecialproceedingintendedtoeffectthedistributionof
theestateorintestatepetitionisfirstfiledacquiresexclusivejurisdiction.
theestateofadeceasedperson,whetherinaccordancewiththelawonintestate

successionorinaccordancewithhiswill,isa"probatematter"oraproceedingfor
TheRulepreciselyanddeliberatelyprovidesthat"thecourtfirsttakingcognizance the settlement of his estate. It is equally true, however, that in accordance with
of the settlement of the estate of a decedent, shall exercise jurisdiction to the
settledjurisprudenceinthisjurisdiction,testateproceedingsforthesettlementof
exclusionofallothercourts."
the estate of a deceased person take precedence over intestate proceedings for

the same purpose. Thus it has been held repeatedly that, if in the course of
intestate proceedings pending before a court of first instance it is found that the

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decedent had left a last will, proceedings for the probate of the latter should ItisnotdisputedthatAndresEusebiowas,andhadalwaysbeen,domiciledinSan
replacetheintestateproceedingsevenifatthatstateanadministratorhadalready Fernando, Pampanga, where he had his home, as well as some other properties.
beenappointed,thelatterbeingrequiredtorenderfinalaccountandturnoverthe Inasmuch as his heart was in bad condition and his son, Dr. Jesus Eusebio, who
estateinhispossessiontotheexecutorsubsequentlyappointed.Thishowever,is treatedhim,residedinQuezonCity,AndresEusebioboughtahouseandlotinsaid
understoodtobewithoutprejudicethatshouldtheallegedlastwillberejectedor City.Whiletransferringhisbelongingstothishouse,soonthereafter,thedecedent
isdisapproved,theproceedingshallcontinueasanintestacy.Asalreadyadverted sufferedastroke(probablyheartfailure),forwhichreasonDr.Eusebiotookhimto
to,thisisaclearindicationthatproceedingsfortheprobateofawillenjoypriority his (Dr. Eusebio's) aforementioned residence, where the decedent remained until
overintestateproceedings. he was brought to the UST Hospital, in the City of Manila. On this date, he
contracted marriage in articulo mortis with his common law wife, Concepcion
14 ONGSINGCOV.TAN Villanueva, in said hospital. Two (2) days later, he died therein of "acute left
97PHIL330 ventricular failure secondary to hypertensive heart disease". Consequently, he
neverstayedorevensleptinsaidhouseatEspaaExtention.
FACTS:
Ongsingco was appointed as judicial guardian of her husband who was declared HELD:
incompetentinanearlierproceeding.Shetookoutrightpossessionoftwoparcels Inview,however,ofthelastsentenceofsaidsection,providingthat:
of land which purportedly was owned by her husband. In the ongoing estate
proceedingsofFranciscosfirstwife,Tangco,theadministratorthereinprayedthat . . . The jurisdiction assumed by a court, so far as it depends on the place of
Ongsingco be disallowed from harvesting the palay from the two parcels of land. residenceofthedecedent,orofthelocationofhisestate,shallnotbecontestedin
Theprobatecourtorderedaccordingly. asuitorproceedings,exceptinanappealfromthatcourt,intheoriginalcase,or
whenthewantofjurisdictionappearsontherecord.
HELD:
Thedisputebetweenpetitionerandrespondentadministratorinvolving,asitdoes, Ifproceedingsforthesettlementoftheestateofadeceasedresidentareinstituted
theownershipoftwoparcelsoflandsituatedinSantaRosa,NuevaEcija,andthis in two or more courts, and the question of venue is raised before the same, the
question having been squarely raised in an action pending in the court of first courtinwhichthefirstcasewasfiledshallhaveexclusivejurisdictiontodecidesaid
instance of said province, which was instituted by petitioner against respondent issue,andwesoheldinthecaseofTacianaVda.DeBorjavs.Tan,L7792(July27,
administratorpreciselybecauseofthedisputethathadarisenbetweenthemover 1955). Should it be decided, in the proceedings before the said court, that venue
said property, it is the sense of this Tribunal that respondent court exceeded its had been improperly laid, the case pending therein should be dismissed and the
jurisdictioninactinguponthesaidquestioninitscapacityasprobatecourt.Onthe correspondingproceedingsmay,thereafter,beinitiatedinthepropercourt.
face of such issue which necessarily involves theownershipoftheproperties, we
considerofnoconsequencetheclaimthatwhatrespondentcourtmerelydidwas Inconclusion,wefindthatthedecedentwas,atthetimeofhisdeath,domiciledin
tolookintotheidentityofsaidproperties.Thisquestionisnecessarilyimbibedin SanFernando,Pampanga;thattheCourtofFirstInstanceofRizalhadnoauthority,
thegreaterissueofownershipandbeinginterwovenonecanhardlydrawtheline therefore, to appoint an administrator of the estate of the deceased, the venue
ofdemarcationthatwouldseparateonefromtheother. having been laid improperly; and that it should, accordingly, have sustained
appellants'oppositionanddismissedappellee'spetition.
15 EUSEBIOV.EUSEBIO
100PHIL593 16 SANDOVALV.SANTIAGO
83PHIL784
FACTS:
FACTS:

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Sandoval petitioned the admission to probate of the will of Marquez. She was From the pleadings before us, which are copies of their originals attached to the
accordingly appointed as the executrix of the estate. Pending the probate record in the Court of First Instance of Batangas, the want of jurisdiction of said
proceedings,theheirsextrajudiciallypartitionedtheestateamongthemselvesand court does not clearly appear. The communication of the municipal treasurer of
tookpossessionoftherespectiveproperties.Thiswasmadewithoutauthorityof Tabaco,Albay,statingthatthedeceasedEstebanM.Manzaneroappearsinthelist
the court. When the judge ordered Sandoval to file a bond, petitioner averred of registered voters, and the affidavit of the municipal president thereof stating
there was no need to do so as the heirs already took possession and partitioned that the deceased resided before his death in Tabaco, Albay, do not form part of
theproperties. therecordofthelowercourt.Itnotappearingfromtheordersofthelowercourt,
as disclosed by the copies thereof attached to the record of these certiorari
HELD: proceedings,thatsaidcourtlacksjurisdictiontotakecognizanceoftheapplication
We are of the opinion, and so hold, that the respondent, Judge or Court of First forsummarysettlementbyreasonofthelegalresidenceofthedeceased,Esteban
InstanceofQuezonProvince,whereinthedeceasedwasresidingatthetimeofhis M. Manzanero, certiorari does not lie, an appeal being specially provided in such
death, has acquired exclusive jurisdiction to settle the testate estate of the casebysection603oftheCodeofCivilProcedure.
deceased Daniel Marquez and over the heirs and other person interested in the
estate of the deceased from the moment the application for the probate of the REMEMBER CIVIL PROCEDURE ACCORDING TO LOUIE (94 SA CIVPRO FINALS ):
decedent's will was filed with the said court and the publication required by law Jurisdictionisdeterminedfromtheallegationsinthepleadings,inthiscase,the
weremade;andtheheirsofthedeceasedMarquezcouldnotdivesttheCourtof allegations of the petitioner in his petition. If there is opposition, then there
First Instance of its already acquired jurisdiction by the mere fact of dividing couldn'tbeanyquestionifitappearsintherecordornot.
extrajudiciallytheestateofthedeceasedamongthemselves.

18 BENEDICTOV.JAVELLANA
17 VDA.DEMANZANEROV.CFI
10PHIL197
61PHIL850

FACTS:
FACTS:
Maximo made a claim against the administrator of the estate of his brother
WhileworkingasanassistantcityengineerinAlbay,Estebandied.hisbrotherin
respecting payment of a sum of money creditable for him in relation to a legacy
Batangas,filedforthesettlementofhisestate,allegingthereinthatthedeceased
resided in Batangas prior to his death. Upon publication of the application and given to him by the latter. The administrator questions the claim filed, averring
thattheclaimshouldbefiledagainstallthelegateesandpartiestotheestateand
setting the proceedings for hearing, no opposition was made by petitioner. And
not to administrator alone. It would be seen from the will by the way that the
whentheproceedingshaveended,whereintheinsurancecompanywasorderedto
estatewasdistributedbylegacies.
payproceedstotheheirsoftheinsured,itwasonlythenshesurfacedandtriedto

fileapetitionforcertiorari.
HELD:
As to specific devices, section 729 of the Code of Civil Procedure provides
HELD:
exemption from the payment of debts and expenses if there is sufficient other
Accordingtotheabovecitedlegalprovision,thejurisdictionassumedbyaCourtof
propertyandifitappearstothecourtnecessarytocarryintoeffecttheintention
FirstInstance,forthesettlementofanestate,sofarasitdependsontheplaceof
residenceofaperson,orofthelocationofhisestate,cannotbecontestedinasuit of the testator; and, as the legacies stated in the aforesaid will consist of specific
property, less the annuity provided for by clause 6, which is made a special lien
or proceeding, except in an appeal from that court, in the original case, or when
uponthepropertyforbyclause6,whichismadeaspeciallienupontheproperty
thewantofjurisdictionappearsontherecord.
bequeathedtoFranciscoandSofiaJalandoni,itisunquestionablethatinthiscase

thedebtsandexpensesoftheestatemustbepaidproratabythelegateesinthe

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mannerprovidedinthewill,orinaccordancewiththeprovisionsofsections753
and754oftheCodeofCivilProcedure. 20 CUIZONV.RAMOLETE
129SCRA495
On the other hand, and for such effects as may be proper, it should be stated
herein that any challenge to the validity of a will, any objection to the FACTS:
authentication thereof, and every demand or claim which any heir, legatee, or Marcianoownedtwoparcelsoflandandadjudicatedthesameinfavorofhistwo
partyininterestinatestateorintestatesuccessionmaymake,mustbeactedupon daughtersRufina and Irene. The lot of Irene was subsequently sold to
anddecidedwithinthesamespecialproceedingsnotinaseparateactionandthe petitioners.TheTCThoweverwasn'tcancelledgiventhattheythoughttheyneed
same judge having jurisdiction in the administration of the estate shall take not to because of the lifetime usufruct rights of Irene. Irene died later on and
cognizance of the question raised, inasmuch as when the day comes he will be Rufina adjudicated to herself the property in question in favor of all petitioners.
calledupontomakedistributionandadjudicationofthepropertytotheinterested Respondents then filed in another court for letters of administration. In the
parties,asmaybeseeninpartIIoftheCodeofCivilProcedure,fromsection551 inventoryforthesame,theyincludedthedisputedpropertynotwithstandingthat
forward. theownershipthereofisofpetitioners.Theprobatecourtthenorderedthatthe
land be sold in public auction and consistently, the respondents tried to force
19 CASIANOV.MALOTO themselvesintheland.
70SCRA232
HELD:
FACTS: Having been apprised of the fact that the property in question was in the
Thenephewsandniecesofthedecedent,believingthatnowillwasleft,filedfor possessionofthirdpartiesandmoreimportant,coveredbyatransfercertificateof
the intestate proceedings. The will of the decedent was later found, on which it title issued in the name of such third parties, the respondent court should have
wasindicatedthattwowouldgetbiggershares.Thesetwosoughttheannulment denied the motion of the respondent administrator and excluded the property in
oftheintestateproceedingsandtheprobateofthewill.Theyweredeniedbythe question from the inventory of the property of the estate. It had no authority to
court.Theytheninstitutedanewproceedingfortheadmissiontoprobateofthe deprive such third persons of their possession and ownership of the property.
allegedwill. Respondent court was clearly without jurisdiction to issue the order of June 27,
1979.Thus,itwasunnecessaryforthepetitionerstofirstapplyforreliefwiththe
HELD: intestatecourt.
Theprobatecourthadnojurisdictiontoentertainthepetitionfortheprobateof
the alleged will of Adriana Maloto in Special Proceeding No. 1736. Indeed, the Even assuming the truth of the private respondents' allegations that the sale of
motiontoreopentheproceedingswasdeniedbecausethesamewasfiledoutof December29,1971waseffectedundersuspiciouscircumstancesandtaintedwith
time.Moreover,itisnotpropertomakeafindinginanintestateestateproceeding fraud and that the right of Rufina as alleged halfsister and sole heir of Irene
thatthediscoveredwillhasbeenrevoked.Asamatteroffact,theprobatecourtin remainsopentoquestion,theseissuesmayonlybethreshedoutinaseparatecivil
Special Proceeding No. 1736 stated in the order of November 16, 1968 that actionfiledbytherespondentadministratoragainstthepetitionersandnotinthe
"MovantsshouldhavefiledaseparateactionfortheprobateoftheWill."13And intestateproceedings.
this court stated in its resolution of May 14, 1969 that "The more appropriate
remedyofthepetitionersinthepremisesstatedinthepetitionisforpetitionersto 21 BERNARDOV.COURTOFAPPEALS
initiateaseparateproceedingfortheprobateoftheallegedwithinquestion." 7SCRA367

Youcannotconvertanintestateproceedingintoatestateproceeding. FACTS:

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Spouses Capili were the owners of parcels of land. The husband died first and Itcannotbedeniedthataspecialproceedingintendedtoeffectthedistributionof
testateproceedingswereheldwhereinhiswife,aswellbrothersandsisterswere theestateofadeceasedperson,whetherinaccordancewiththelawonintestate
institutedasheirs.Thewifealsodiedlateronandwassubstitutedbyhercollateral successionorinaccordancewithhiswill,isa"probatematter"oraproceedingfor
relatives. In the project of partition submitted by the executor, there was the settlement of his estate. It is equally true, however, that in accordance with
oppositiononthegroundthatsomepropertieswereconjugalpropertiesandthus settledjurisprudenceinthisjurisdiction,testateproceedings,forthesettlementof
part should not be included in the inventory. Consequently, two projects for the estate of a deceased person take precedence over intestate proceedings for
partition was submitted for hearing and the other party contends that the the same purpose. Thus it has been held repeatedly that, if in the course of
propertiesindisputewereindeedexclusiveproperty. intestateproceedingspendingbeforeacourtoffirstinstanceitisfoundithatthe
decedent had left a last will, proceedings for the probate of the latter should
HELD: replacetheintestateproceedingsevenifatthatstageanadministratorhadalready
Inthecasenowbeforeus,thematterincontroversyisthequestionofownership beenappointed,thelatterbeingrequiredtorenderfinalaccountandturnoverthe
of certain of the properties involved whether they belong to the conjugal estateinhispossessiontotheexecutorsubsequentlyappointed.This,however,is
partnership or to the husband exclusively. This is a matter properly within the understoodtobewithoutprejudicethatshouldtheallegedlastwillberejectedor
jurisdiction of the probate court which necessarily has to liquidate the conjugal isdisapproved,theproceedingshallcontinueasanintestacy.Asalreadyadverted
partnership in order to determine the estate of the decedent which is to be to,thisisaclearindicationthatproceedingsfortheprobateofawillenjoypriority
distributed among his heirs who are all parties to the proceedings, including, of overintestateproceedings.
course,thewidow,nowrepresentedbecauseofherdeath,byherheirswhohave
been substituted upon petition of the executor himself and who have appeared Zamacona should have submitted for probate the will he has on hand with the
voluntarily.Therearenothirdpartieswhoserightsmaybeaffected.Itistruethat Negroscourt.
the heirs of the deceased widow are not heirs of the testatorhusband, but the
widowis,inadditiontoherownrighttotheconjugalproperty.Anditisthisright In the first place, it is not in accord with public policy and the orderly and
thatisbeingsoughttobeenforcedbyhersubstitutes.Therefore,theclaimthatis inexpensiveadministrationofjusticetounnecessarilymultiplylitigation,especially
being asserted is one belonging to an heir to the testator and, consequently, it ifseveralcourtswouldbeinvolved.This,ineffect,wastheresultofthesubmission
complies with the requirement of the exception that the parties interested (the of the will aforesaid to the Manila Court. In the second place, when respondent
petitionersandthewidow,representedbydents)areallheirsclaimingtitleunder HiginioUriartefiledanoppositiontoVicenteUriarte'spetitionfortheissuanceof
thetestator. letters of administration, he had already informed the Negros Court that the
deceased Juan Uriarte y Goite had left a will in Spain, of which a copy had been
22 URIARTEV.CFI requested for submission to said court; and when the other respondent, Juan
33SCRA252 UriarteZamacona,filedhismotiontodismissSpecialProceedingNo.6344,hehad
submitted to the Negros Court a copy of the alleged will of the decedent, from
FACTS: which fact it may be inferred that, like Higinio Uriarte, he knew before filing the
Upon the death of Don Juan Uriarte, his alleged natural son filed for intestate petition for probate with the Manila Court that there was already a special
proceedings in the Negros Court. This was opposed to by one of the nephews, proceeding pending in the Negros Court for the settlement of the estate of the
allegingthatawillwasindeedexecutedinSpainandaskedforthesubmissionof samedeceasedperson.AsfarasHiginioUriarteisconcerned,itseemsquiteclear
the said will. Meanwhile, one of the nephews, who was in possession of the that in his opposition to petitioner's petition in Special Proceeding No. 6344, he
allegedwill,institutedintheManilaCopurtpetitionforprobateofthewill.Healso hadexpresslypromisedtosubmitsaidwillforprobatetotheNegrosCourt.
soughttointerveneintheinstestateproceedingsinNegrosCourt.
Butthefactisthatinsteadoftheaforesaidwillbeingpresentedforprobatetothe
HELD: Negros Court, Juan Uriarte Zamacona filed the petition for the purpose with the

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Manila Court. We can not accept petitioner's contention in this regard that the
lattercourthadnojurisdictiontoconsidersaidpetition,albeitwesaythatitwas HELD:
notthepropervenuetherefor. We are not unmindful of the fact that under Section 2 of Rule 73, "When the
marriageisdissolvedbythedeathofthehusbandorwife,thecommunityproperty
It is well settled in this jurisdiction that wrong venue is merely a waiveable shall be inventoried, administered, and liquidated, and the debts thereof paid, in
procedural defect, and, in the light of the circumstances obtaining in the instant thetestateorintestateproceedingsofthedeceasedspouse.Ifbothspouseshave
case, we are of the opinion, and so hold, that petitioner has waived the right to died, the conjugal partnership shall be liquidated in the testate or intestate
raise such objection or is precluded from doing so by laches. It is enough to proceedings of either." Indeed, it is true that the last sentence of this provision
considerinthisconnectionthatpetitionerknewoftheexistenceofawillexecuted allowsorpermitstheconjugalpartnershipofspouseswhoarebothdeceasedtobe
by Juan Uriarte y Goite since December 19, 1961 when Higinio Uriarte filed his settledorliquidatedinthetestateorintestateproceedingsofeither,butprecisely
opposition to the initial petition filed in Special Proceeding No. 6344; that because said sentence allows or permits that the liquidation be made in either
petitioner likewise was served with notice of the existence (presence) of the proceeding, it is a matter of sound judicial discretion in which one it should be
alleged last will in the Philippines and of the filing of the petition for its probate made. After all, the former rule referring to the administrator of the husband's
withtheManilaCourtsinceAugust28,1962whenJuanUriarteZamaconafileda estateinrespecttosuchliquidationwasdoneawaywithbyAct3176,thepertinent
motionforthedismissalofSpecialProceedingNo.6344.Allthesenotwithstanding, provisionsofwhicharenowembodiedintherulejustcited.
it was only on April 15, 1963 that he filed with the Manila Court in Special
ProceedingNo.51396anOmnibusmotionaskingforleavetointerveneandforthe Thus,itcanbeseenthatatthetimeofthedeathofHodges,therewasalreadythe
dismissal and annulment of all the proceedings had therein up to that date; thus pending judicial settlement proceeding of the estate of Mrs. Hodges, and, more
enabling the Manila Court not only to appoint an administrator with the will importantly,thattheformerwastheexecutorofthelatter'swillwhohad,assuch,
annexed but also to admit said will to probate more than five months earlier, or failedformorethanfiveyearstoseetoitthatthesamewasterminatedearliest,
morespecifically,onOctober31,1962.Toallowhimnowtoassailtheexerciseof which was not difficult to do, since from ought that appears in the record, there
jurisdictionovertheprobateofthewillbytheManilaCourtandthevalidityofall were no serious obstacles on the way, the estate not being indebted and there
theproceedingshadinSpecialProceedingNo.51396wouldputapremiumonhis being no immediate heirs other than Hodges himself. Such dilatory or indifferent
negligence. attitude could only spell possible prejudice of his coheirs, whose rights to
inheritance depend entirely on the existence of any remainder of Mrs. Hodges'
23 PCIBV.ESCOLIN shareinthecommunityproperties,andwhoarenowfacedwiththeposeofPCIB
56SCRA266 that there is no such remainder. Had Hodges secured as early as possible the
settlement of his wife's estate, this problem would not arisen. All things
FACTS: considered,Wearefullyconvincedthattheinterestsofjusticewillbebetterserved
SpousesHodgesmadesimilarwills,whereinoneachwillitwasprovidedthatifone by not permitting or allowing PCIB or any administrator of the estate of Hodges
predeceasestheother,theotherspousewouldgettheestatespropertiesandcan exclusiveadministrationofallthepropertiesinquestion.Weareoftheconsidered
useitinhis/herliking.Andincasethewidow/erdiesaswell,thepropertywillgo opinionandsoholdthatwhatwouldbejustandproperisforbothadministrators
tothesiblingsofthespousewhopredeceased.LinniediedaheadofCharlesand of the two estates to act conjointly until after said estates have been segregated
the latter administered the estate of his wife. However, he wasn't able to fromeachother.
completely settle the estate when he died. Linnies sister took over in
administrationofbothestatesindifferentproceedingsandthisinturn,beganthe 24 DELROSARIOV.DELROSARIO
long cycle of changes in administrators until the administration of both estates 67PHIL652
endedupwithPCIB.Consequently,problemsensuedintheadministrationofthe
estates. FACTS:

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SpousesDelRosarioweretheownersofproperties.Thehusbanddiedfirstandno conjugalpropertiesofthesecondmarriageshallbeliquidated,soastodetermine
intestateproceedingswereheldtosettlehisestateuntilthetimethatthewifealso the half corresponding to the widow Teopista Dolar and the] other half
died. corresponding to the deceased (article 1426 of the Civil Code). The properties
corresponding to the deceased, acquired during his first and second marriages,
HELD: constitutehisestate,whichshouldbepartitionedamonghiswidowTeopistaDolar
ActNo.3176onlyamendstheformerlawinthesensethatuponthedeathofany (articles931and834oftheCivilCode).
ofthespousesthecommunitypropertyshallbeliquidatedinthetestamentaryor
intestate proceedings of the deceased spouse. But whatever law might be Therebeingforcedheirs,thelegacyofP8,000shouldbetakenfromthefreethird
applicable,andevenassumingthatitwasthatpriortoActNo.3176,theintestate only,withouttouchingtheobligatorylegitime,andtheotherthefreethird,soasto
ofRamondelRosarionothavingbeencommenceduponhisdeathin1895untilhis determinethepropertiesfromwhichthelegacybeingbywayofusufruct,theheirs
widow Florencia Arcega also died in 1933, and the testamentary proceedings of may comply therewith or deliver to the legatee properties equivalent to the free
FlorenciaArcegahavingbeensubsequentlyinitiated,wherein,amongotherthings, third (article 820, paragraph 3, of the Civil Code). The fruits of the properties
the liquidation of her conjugal properties with the deceased Ramon del Rosario alreadyreceivedortobereceivedshallanswerforthelegacywithrespecttoone
shouldbemade,thependencyofthesetestamentaryproceedingsofthedeceased thirdthereofonly,theremainingtwothirdsbeingthoseoftheheirs(article813of
wife excludes any other proceeding aimed at the same purpose (Zaide vs. the Civil Code). The legal usufruct of the widow should be taken from the third
ConcepcionandQuintana,32Phil.,403).Attherate,theplaintiffshavearightto availableforbetterment(article835oftheCivilCode).
interveneintheseproceedingsaspartiesinterestedintheliquidationandpartition
of the conjugal properties of the deceased spouses Ramon del Rosario and 26 ALFONSOV.NATIVIDAD
FlorenciaArcegaamongtheirheirs. 6PHIL240

25 DOLARV.ROMANCATHOLIC FACTS:
68PHIL727 Alfonso in his capacity as administrator of the estate, brought an action against
respondentsforthereturnofthelandtheywereallegedlywrongfullypossessing.
FACTS:
Paulino contracted two marriages during his lifetime, leaving children behind in HELD:
bothmarriages.Thewidowwasappointedastheadministratixoftheestate.The BytheprovisionsofthenewCodeofCivilProcedureinthesettlementofestatesof
first project of partition wasn't approved due to the opposition of the heirs and deceased persons it is necessary to appoint commissioners, before whom the
legacies. She again submitted a second project which wasn't also approved but creditors of the deceased must present their claims within a time fixed by the
consequently,thecourtallowedhertotakepossessionoftheestatesproperties. court.Thehusbandistheadministratoroftheconjugalpartnership.(Art.1412.)His
debts contracted during the marriage are its debts. (Art. 1418.) When a conjugal
HELD: partnershipisdissolvedbythedeathofthehusbanditwouldbeextremelydifficult
UnlessthewidowTeopistaDolar,theheirsofthedeceasedbyhistwomarriages, to settle his estate in accordance with the provisions of the present Code of
the representative of the legacy for P8,00, and the creditors of the estate, Procedure without settling the partnership affairs. It is difficult to harmonize the
otherwise come to an agreement, the partition should be made with the newsystemwiththepartoftheoldwhichremains,butweconcludethatwhenthe
intervention of all the interested parties according to law. All the debts and partnership is dissolved by the death of the husband the inventory which is
administration expenses shall first be paid. (Section 753 of the Code of Civil mentioned in article 1418 should be made, and the partnership affairs settled in
Procedure).Theconjugalpropertiesofthefirstmarriageshallbeliquidatedsoasto theCourtofFirstInstancewhichtakesjurisdictionofthesettlementofhisestate,
determine those corresponding to the children had with the deceased Margarita and in the same proceeding. This view being adopted, it follows as a necessary
Doctura, as her heirs, and those corresponding to the deceased. Likewise, the consequencethattheexecutororadministratorappointedinthatproceedingmust

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be the person who is entitled to the custody of the property of the conjugal
partnershipwhilethesettlementisbeingmade. Since the complaint for partition alleges that there are no debts to pay, and as it
does not appear that there are any, said action will lie, for while it is true that it
Thisconstructionofthelawdoesnotdeprivethewife,thesurvivingpartner,ofall praysforaliquidationofthepropertyoftheconjugalpartnershipdissolvedbythe
intervention in the settlement of the affairs of the partnership, for in intestate death of Juliana Nabong, said liquidation is implied in the action for partition
estates she is entitled to be appointed administratrix of her husband's estate, (RemolinoandBautistavs.Peralta,G.R.No.10834).1
unlesssomegoodreasonfornotappointingherisshown.
For the foregoing considerations, we are of the opinion and hold, that in
Applying these principles to the present case it appears that the partnership was accordance with section 685 of Act No. 190, as amended by Act No. 3176, when
dissolved by the death of the husband; that its affairs should be settled in the there are no debts to pay, the liquidation and partition of the property of the
proceedingsforthesettlementofhisestate;thattheplaintiffistheadministrator conjugalpartnership,dissolvedbythedeathofoneofthespouses,maybemadein
appointed in that proceeding; that the property in question belonged to the anordinaryactioninstitutedforthatpurpose.
partnership, and that therefore the plaintiff is entitled to maintain this action. In
the settlement of the affairs of the partnership hereafter, this, with all other 28 DELARAMAV.DELARAMA
propertyofthepartnership,includingthedebtofPedroNatividad. 7PHIL745

27 CRUZV.DEJESUS FACTS:
52PHIL870 The trial court found in favor of plaintiff in the divorce proceedings against her
husband.Sheallegedadulteryandthereafter,shewasgrantedbythecourt,part
FACTS: of the conjugal property, together with alimony, etc. The husband sought the
Plaintiffs sought the amendment of their complaint to liquidation and partition, reversal of the decision on which he was granted reconsideration. The wife
whereintheyallegedthatthedecedentdiedwithoutanydebtsonhandandthus, appealedthesametotheSupremeCourtoftheUS.
they should be allowed to liquidate in the same partition proceedings. This was
denied by the court. The court ordered that the liquidation of conjugal property HELD:
shouldbemadeintheestateproceedingsbeforeanypartitionmaybemade. Therecouldbeliquidationofconjugalpartnershipinthesamedivorceproceedings
ifthedecreeofdivorceisgranted.
HELD:
Itistobenotedthatthislegalprovisionestablishestwomethodsofliquidatingthe 29 VILLCORTEV.MARIANO
propertyofaconjugalpartnership,ifthemarriageisdissolvedbythedeathofone 89PHIL342
ofthespouses:thefirstbyatestateorintestateproceedingaccordingtowhether
thedeceaseddiedwithorwithoutawill;andtheotherbyanordinaryproceeding FACTS:
forliquidationandpartition. Calimoncontractedthreemarriages,thelatestwithrespondentMariano.Hehad
childrenduringhisfirstandsecondmarriages.Petitioners,aswidowandchildren
Accordingtothelegalprovisionquotedabove,whenthemarriageisdissolvedby ofCalimon,filedfortherecoveryofparcelsoflandagainstthechildrenofthefirst
the death of the wife, the legal power of management of the husband ceases, children and Mariano. Mariano alleged that the properties were exclusive
passing to the administrator appointed by the court in the testate or intestate propertiesofCalimonand/oracquiredduringtheircoventuretogether.Shealso
proceedingsinstitutedtothatendiftherebeanydebtstobepaid,andwhenthere filed a crossclaim against Canuta and the latters siblings for defrauding her
is no debt pending, the liquidation and partition may be made in an ordinary allegedly into signing a compromise agreement. The trial court found in favor of
proceedingforthatpurpose.

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Canuta and her siblings, giving merit to the compromise agreement and it was OcamposoldahouseandlottospousesPotencianounderapactoderectosale.
unnecessarytoundertakeliquidationandpartitionproceedings. Upon death of one of the spouses, Paz still wanted to repurchase the house and
lot.Thechildrenleftbythespousesaverredthatitonlywouldpertaintotheshare
HELD: oftheirfathersincetheyalreadyinheritedthatofthoseoftheirmothers.CAruled
Itwasunnecessarytopreparetheinventoryandmaketheliquidationbecausethe infavorofOcampoandruledthatitwasindeedamortgagewithacaveatthatthe
parties interested, i.e., the heirs of Leon Calimon and his widow had already option agreement novated the mortgage agreement. The Potenciano children
reachedacompromisebymeansofExhibit1Mariano.Andsupposingthatallthose alleged that the father had no authority to enter into the option agreement and
lots were community property, still the said exhibit governs the rights of the theyweresustainedbytheSC.
parties.AsimilardocumentsofrenunciationwasheldvalidandbindinginAntonio
vs. Aloc, 25 Phil. 147. And under the provision of article 1418 of the Civil Code, HELD:
inventoryshallnotberequiredif,afterthepartnershiphasbeendissolved,oneof The Court of Appeals erred in supposing that the surviving spouse had such
thespousesofhisorhersuccessorsshallhaverenounceditseffects. authority as de facto administrator of the conjugal estate. As pointed out by
appellants, the decisions relied on by that court in support of its view are now
30 CALMAV.TANEDO obsolete. Those decisions laid down the rule that, upon the dissolution of the
66PHIL594 marriage by the death of the wife, the husband must liquidate the partnership
affairs. But the procedure has been changed by Act No. 3176 (approved on
FACTS: November24,1924),nowsection2,Rule75,oftheRulesofCourt,whichprovides
Esperanza brought suit against Eulalio for debts payable by the conjugal that when the marriage is dissolved by the death of either husband or wife, the
partnership, when the wife died. The debts payable was incurred during the partnershipaffairsmustbeliquidatedinthetestateorintestateproceedingsofthe
existence of the conjugal partnership and was chargeable to the same. The wife deceasedspouse(Moran,CommentsontheRulesofCourt,3rded.,Vol.II,p.324).
diedwithawillandappointedherdaughterasadministratixoftheestate.
32 PRADOV.NATIVIDAD
HELD: 47PHIL776
From the foregoing it follows that when Esperanza Tanedo brought suit against
EulalioCalmaforthepaymentofthesumsofP948.34andP247,whichweredebts FACTS:
chargeable against the conjugal property, the power of Eulalio Calma as legal Casimiro and Maria married, and upon marriage, it was Casimiro who brought
administrator of the conjugal property while Fausta Macasaquit was living, had propertyinsidetheconjugalproperty.Mariabroughtnone.Thereafter,Mariadied
ceased and passed to the administratrix Maria Calma appointed in the outofpulmonarycomplications.Jose,theadministratorappointedfortheestate
testamentaryproceedingsofFaustaMacasaquit.Hence,thisbeinganindebtedness of Maria brought an action against Casimiro on the ground that he refused to
chargeableagainstconjugalproperty,nocomplaintforitspaymentcanbebrought liquidatetheconjugalpartnership.
against Eulalio Calma, who had already ceased as administrator of the conjugal
property;theclaimforthisamounthadtobefiledinthetestamentaryproceedings HELD:
ofFaustaMacasaquit. Atthetrialofthecase,evidencewasintroducedtendingtoshowtheexistenceof
said properties with their prices and fruits. Also evidence was introduced in an
31 OCAMPOV.POTENCIANO attempt to show the true expenses incurred during the administration of the
89PHIL160 conjugalpartnership.Withthatevidenceintherecord,itisnotnecessarytoorder
thedefendant,inhiscapacityasadministratoroftheestateofsaidpartnership,to
FACTS: makeaformalliquidationthereof;becausewhatwasdoneduringthetrialofthe
case amounts to a liquidation, and to make another one would be to do double

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work,andwouldgiverisetonewcontroversieswhentheliquidationissubmitted withBenita,hetookwithhimtotheconjugalpartnershipacertainsumofmoney
forthecontestingthereofbytheadverseparty.Thetrialcourthasnot,therefore, inMexicanpesos.IntheinventorymadebyJosefaoftheproperties,sheexcluded
committedanyerrorinnotorderingaformalliquidation. therein the sum of money and consequently made the demand for the return of
thepropertiesheldbythedefendants.
33 DELARAMAV.DELARAMA
25SCRA437 HELD:
It is fact, proved by the record, that the conjugal partnership formed between
FACTS: DionisioFulgencio,duringhislifetime,andBenitaGatchaliananddissolvedbythe
SamefactsbasicallyfromtheearlierDeLaRamacase. husband'sdeath,owedseverallargedebtsandthetestamentaryexecutrix,inthe
fulfillment of her duty, has a right to claim the possession of all the property
HELD: belonging to the estate of which she is the judicial administratrix, in order that,
Aspointedoutbythetrialjudge,thisinventoryappearstohavebeenpreparedby pursuant law, she may make the required inventory and proceed, with the
or for the defendant for the purposes of this action; and in any event it was authorizationofthecourt,topaythedebtsdulypresentedtothecommissionersof
prepared after this action was originally instituted and under conditions which appraisalappointedinthespecialproceedings.Itisanincontrovertibleprincipleof
justified the trial judge in believing that the defendant had every opportunity to lawthat,beforeproceedingwiththedivisionamongtheheirs,ofthepropertyleft
interveneinitspreparationandtousehispersonalinfluencetohavethedocument tothembythedeceasedpredecessorininterest,withoutprejudicetotherightsof
speak favorably to his contentions. Granting that it is true, as contended by thesurvivingwidow,inrelationtoherownpropertywhichdoesnotformapartof
defendant, that this document was admitted in evidence without objection, it by the conjugal partnership property nor is liable for the payment of the obligations
no means follows that the trial judge was bound to accept its contents as true existingagainsttheconjugalpartnership.
whereotherevidenceofrecorddiscloseditsinaccuraciesanditsfailurecorrectlyto
listthepropertiesinquestion.Itwasadmittedforwhatitwasworthasevidence, Evidence was introduced to prove that the widow, Benita Gatchalian, on
butinverynatureofthings,itshouldnotbeheldasconclusiveofthetruthofits contracting marriage with the now deceased Dionisio Fulgencio, brought to the
contents.Wethinkthatthetrialjudgeisfullysustainedbytheevidenceofrecord conjugal partnership, property worth about twelve thousand pesos, being
inhisfindingsthatthisinventoryfailedtosetforththetruestatusoftheaffairsof paraphernalia of the wife's exclusive ownership; but once included among the
the company, and we are of opinion, and so hold, that there was no error in his propertyoftheconjugalpartnership,ademandforitsexclusiononthepartofits
findingsastothetruevalueofthepropertyinquestion. legitimateownercouldproperlybemadeonlyaftertheformationoftheinventory
ofthepropertythatconstitutestheestateofherdeceasedhusband.
What has been said sufficiency disposes of all the errors assigned. We are of
opinion, therefore, that there is nothing in the record which would justify us in 35 LUKBANV.REPUBLIC
sustainingthecontentionsofthedefendantappellantastoerrorinthefindingsof 98PHIL574
factorintheconclusionsdrawntherefromintheopinionfiledbythetrialjudge.
FACTS:
34 FULGENCIOV.GATCHALIAN Lourdes married Francisco and after a big quarrel, Francisco left and was never
21PHIL252 heard of again. Lourdes also inquired with his friends and family but to no avail.
He was nowhere to be found. And now, she files a petition to declare the
FACTS: presumption of death of her husband for the purpose of securing a second
UpontheappointmentasadministratixofJosefa,shebroughtacomplaintagainst marriage.
the defendants to take possession of alleged properties of Dionisio, which were
allegedlywithheldbydefendants.EvidenceshowsthatduringDionisiosmarriage HELD:

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While it istruethat a special proceeding is an applicationtoestablish a statusor 6. Executionofaffidavitadjudicatingtohimselfifheisthesoleheir


rightofaparty,oraparticularfact,thatremedycanbeinvokedifthepurposeisto
seekthedeclarationofdeathofthehusbandbutnottoestablishapresumptionof GENERAL RULE: JUDICIAL ADMINISTRATION; EXCEPTION: SUMMARY
death. SETTLEMENTOFTHEESTATE
When a person dies leaving property, the same should be judicially
administered and the competent court should appoint a qualified
RULE74:SETTLEMENTOFESTATE
administrator
Exception: Section 1, Rule 74when all the heirs are of legal age and
Section1.Extrajudicialsettlementbyagreementbetweenheirs.Ifthedecedent there are no debts due from the estate, they may agree in writing to
left no will and no debts and the heirs are all of age, or the minors are partition the property without instituting the judicial administration or
represented by their judicial or legal representatives duly authorized for the applyingfortheappointmentofanadministrator
purpose, the parties may without securing letters of administration, divide the
estateamongthemselvesastheyseefitbymeansofapublicinstrumentfiledin EXTRAJUDICIALSETTLEMENT:REQUIREMENTS
theofficeoftheregisterofdeeds,andshouldtheydisagree,theymaydosoinan 1. Thedecedentleftnowill
ordinaryactionofpartition.Ifthereisonlyoneheir,hemayadjudicatetohimself 2. Thedecedentleftnodebts
the entire estate by means of an affidavit filled in the office of the register of 3. Heirsareoflegalageorifthereareminors,theyaredulyrepresentedby
deeds. The parties to an extrajudicial settlement, whether by public instrument theirguardiansauthorizedforthatpurpose
or by stipulation in a pending action for partition, or the sole heir who 4. Throughapublicinstrument,theyextrajudiciallypartitiontheestate
adjudicates the entire estate to himself by means of an affidavit shall file, 5. Bondshallbefiledequivalenttothevalueofthepersonalpropertyunder
simultaneously with and as a condition precedent to the filing of the public oath
instrument, or stipulation in the action for partition, or of the affidavit in the 6. Publicationrequirementspublishedonceaweekforthreeconsecutive
office of the register of deeds, a bond with the said register of deeds, in an weeksinnewspaperofgeneralcirculationintheprovince
amountequivalenttothevalueofthepersonalpropertyinvolvedascertifiedto
underoathbythepartiesconcernedandconditioneduponthepaymentofany SOLEADJUDICATION:REQUIREMENTS
justclaimthatmaybefiledundersection4ofthisrule.Itshallbepresumedthat 1. Thereisonlyoneheir
the decedent left no debts if no creditor files a petition for letters of 2. Hemayexecuteanaffidavitfiledwiththeregisterofdeeds
administrationwithintwo(2)yearsafterthedeathofthedecedent. 3. Bondshallbefiledequivalenttothevalueofthepersonalpropertyofthe
decedentunderoath
Thefactoftheextrajudicialsettlementoradministrationshallbepublishedina 4. Publicationrequirementspublishedonceaweekforthreeconsecutive
newspaperofgeneralcirculationinthemannerprovidedinthenestsucceeding weeksinnewspaperofgeneralcirculationintheprovince
section;butnoextrajudicialsettlementshallbebindinguponanypersonwhohas
notparticipatedthereinorhadnonoticethereof. SUMMARYSETTLEMENT:REQUIREMENTS
1. GrossvalueoftheestatedoesntexceedP10,000
MODESOFSETTLEMENTOFESTATE 2. Thedecedentmayhaveorhavenotleftawill
1. Testate 3. The aforementioned fact should be made to the court through petition
2. Partition notlessthanonemonthnormorethan3monthsfromthedateoflast
3. Extrajudicialsettlement publication
4. Summarysettlement 4. Noadministratororexecutorneedbeappointed
5. Intestateproceedingswhereinadministratorisappointed 5. Publicationandnoticerequirements

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that purpose, after hearing, settle the amount of such debts or lawful
Section 2. Summary settlement of estate of small value. Whenever the gross participation and order how much and in what manner each distributee shall
value of the estate of a deceased person, whether he died testate or intestate, contribute in the payment thereof, and may issue execution, if circumstances
doesnotexceedtenthousandpesos,andthatfactismadetoappeartotheCourt require, against the bond provided in the preceding section or against the real
ofFirstInstancehavingjurisdictionoftheestatebythepetitionofaninterested estatebelongingtothedeceased,orboth.Suchbondandsuchrealestateshall
person and upon hearing, which shall be held not less than one (1) month nor remain charged with a liability to creditors, heirs, or other persons for the full
more than three (3) months from the date of the last publication of a notice periodoftwo(2)yearsaftersuchdistribution,notwithstandinganytransfersof
which shall be published once a week for three (3) consecutive weeks in a realestatethatmayhavebeenmade.
newspaperofgeneralcirculationintheprovince,andaftersuchothernoticeto
interest persons as the court may direct, the court may proceed summarily, Section5.Periodforclaimofminororincapacitatedperson. Ifonthedateof
withouttheappointmentofanexecutororadministrator,andwithoutdelay,to theexpirationoftheperiodoftwo(2)yearsprescribedintheprecedingsection
grant,ifproper,allowanceofthewill,ifanytherebe,todeterminewhoarethe thepersonauthorizedtofileaclaimisaminorormentallyincapacitated,orisin
personslegallyentitledtoparticipateintheestate,andtoapportionanddivideit prison or outside the Philippines, he may present his claim within one (1) year
amongthemafterthepaymentofsuchdebtsoftheestateasthecourtshallthen aftersuchdisabilityisremoved.
findtobedue;andsuchpersons,intheirownright,iftheyareoflawfulageand
legalcapacity,orbytheirguardiansortrusteeslegallyappointedandqualified,if 36 UTULOV.VDA.DEGARCIA
otherwise,shallthereuponbeentitledtoreceiveandenterintothepossessionof 66Phil302(1938)
theportionsoftheestatesoawardedtothemrespectively.Thecourtshallmake
suchorderasmaybejustrespectingthecostsoftheproceedings,andallorders FACTS:
andjudgmentsmadeorrenderedinthecoursethereofshallberecordedinthe JuanGarciadiedintestateleavinghischildren,oneofwhomisLuzGarcia,andhis
officeoftheclerk,andtheorderofpartitionoraward,ifitinvolvesrealestate, wifeasheirs.Duringthependencyoftheintestateproceedings,Luzdiedandshe
shallberecordedintheproperregister'soffice. leftnolegitimatedescendants.Heronlyheirswerehermotherandhusband.Her
husband then applied for judicial administration of the property, absent any will
Section3.Bondtobefiledbydistributees.Thecourt,beforeallowingapartition fromhislatewife.Thiswasopposedtobythemotherhowevershewasoverruled
in accordance with the provisions of the preceding section, my require the andthecourtdecidedinthehusbandsfavor.
distributees,ifpropertyotherthanrealistobedistributed,tofileabondinan
amounttobefixedbycourt,conditionedforthepaymentofanyjustclaimwhich HELD:
maybefiledunderthenextsucceedingsection. As to the first question, we have section 642 of the Code of Civil Procedure
providing in part that "if no executor is named in the will, or if a person dies
Section4.Liabilityofdistributeesandestate.Ifitshallappearatanytimewithin intestate, administration shall be granted" etc. This provision enunciates the
two (2) years after the settlement and distribution of an estate in accordance general rule that when a person dies living property in the Philippine Islands, his
withtheprovisionsofeitherofthefirsttwosectionsofthisrule,thatanheiror propertyshouldbejudiciallyadministeredandthecompetentcourtshouldappoint
otherpersonhasbeenundulydeprivedofhislawfulparticipationintheestate, a qualified administrator, in the order established in the section, in case the
such heir or such other person may compel the settlement of the estate in the deceasedleftnowill,orincasehehadleftoneshouldhefailtonameanexecutor
courts in the manner hereinafter provided for the purpose of satisfying such therein.Thisrule,however,issubjecttotheexceptionsestablishedbysections596
lawfulparticipation.Andifwithinthesametimeoftwo(2)years,itshallappear and597ofthesameCode,asfinallyamended.Accordingtothefirst,whenallthe
thattherearedebtsoutstandingagainsttheestatewhichhavenotbeenpaid,or heirsareoflawfulageandtherearenodebtsduefromtheestate,theymayagree
thatanheirorotherpersonhasbeenundulydeprivedofhislawfulparticipation inwritingtopartitionthepropertywithoutinstitutingthejudicialadministrationor
payable in money, the court having jurisdiction of the estate may, by order for applyingfortheappointmentofanadministrator.Accordingtothesecond,ifthe

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property left does not exceed six thousand pesos, the heirs may apply to the ofnolegaleffect,butonlymakesineffectivetheactionforspecificperformance.In
competent court, after the required publications, to proceed with the summary theUnitedStates,eveninthosestateswheretheaffirmativeviewofthequestion
partition and, after paying all the known obligations, to partition all the property hasbeenfollowed,"theweightofauthorityupholdstherulethatanoralpartition
constitutingtheinheritanceamongthemselvespursuanttolaw,withoutinstituting iseffectivewhenseveralpossession istakenunder it bytherespectiveparties to
thejudicialadministrationandtheappointmentofanadministrator. theagreement."

Construingthescopeofsection596,thiscourtrepeatedlyheldthatwhenaperson On general principle, independent and in spite of the statute of frauds, courts of
dies without leaving pending obligations to be paid, his heirs, whether of age or equity have enforced oral partition when it has been completely or partly
not, are not bound to submit the property to a judicial administration and the performed.
appointmentofanadministratoraresuperfluousandunnecessaryproceedings
Asageneralproposition,transactions,sofarastheyaffecttheparties,arerequired
37 HERNANDEZV.ANDAL to be reduced to writing either as a condition of jural validity or as a means of
78Phil196(1947) providingevidencetoprovethetransactions.Writtenformexactedbythestatute
offrauds,forexample,"isforevidentialpurposesonly."ThedecisionsofthisCourt
FACTS: which we have noticed were predicated on this assumption. The Civil Code, too,
TheHernandezsiblingssoldapartofaparceloflandtheyinheritedfromtheirlate requires the accomplishment of acts or contracts in a public instrument, not in
father. The share they sold to the Andals allegedly were coowned by the ordertovalidatetheactorcontractbutonlytoinsureitsefficacysothatafterthe
intervenors based on an oral partition agreement made amongst them. Here existence of the acts or contracts has been admitted, the party bound may be
comes petititoner who wanted to repurchase the parcel of land from the Andals compelledtoexecutethedocument.
but it was disputed that the Andals didn't want to sell the same to her at her
offeredprice.Then,itsohappenedthatallegedlytheAndalssoldthesamelandto Issection1ofRule74constitutiveandnotmerelyevidentialofpartition?Inother
theintervenorsinstead.TheintervenorsthenallegethatHernandezwasactingin words, is writing the act that confers legal validity upon the agreement? There
badfaithsinceitwasherdelayingtacticsthatresultedtothedelayedsaletothe are no indications in the phraseology of this rule which justify an affirmative
Andalsandthepermissiontoundergothesametransaction. answertothesequestions.Itmustbenotedthatwherethelawintendsawriting
orotherformalitytobetheessentialrequisitetothevalidityofthetransactionsit
HELD: says so in clear and unequivocal terms. Thus, the statute of frauds as originally
There is a conflict of authority as to whether an agreement of partition is such a enactedinEnglandandasenactedinsomeofthestates,usesthewords"utterly
contract as is required to be in writing under the statute of frauds. One line of void"withstatutetransactionsrequiredtobeinwritingareabsolutelyvoidand
authoritiesholdstheaffirmativeview;otherauthoritiessayno.Thereasonforthe notmerelyvoidableifnotmadeinthemannerindicated.Againarticle633ofthe
rule that excludes partition from the operation of the statute of frauds is that CivilCodesaysthatdonationmaybevalidonlywhenmadeinapublicdocument.
partitionisnotaconveyancebutsimplyaseparationanddesignationofthatpart Article146oftheMortgageLawmakesknownitsintentiontohavetheexecution
of the land which belongs to each tenant in common. The differences in the of a public instrument and its registration in the registry indispensable to the
conclusionsreachedare"dueperhapstovariedphraseologyofthestatutes"inthe validityofthecontractbyusingthisphrase:"inorderthatvoluntarymortgages
several states. However the case may be, as enacted in the Philippines, first in may be legally created in a valid manner." Article 1765 of the Civil Code also
section335oftheformerCodeofCivilProcedure,andnowinRule123,section21, employsforthesamepurposesimilarexpressionwithreferencetotheexecution
oftheRulesofCourt,thelawhasbeenuniformlyinterpretedinalonglineofcases ofapublicdocument:"inorderthatmortgagemaybevalidlyconstituted."And
tobeapplicabletoexecutoryandnottocompletedorexecutedcontracts.Inthis withrespecttotheformalitiesoflastwillsandtestaments,section618ofActNo.
jurisdictionperformanceofthecontracttakesitoutoftheoperationofthestatute. 190 makes this emphatic statement: "No will shall be valid to pass upon any
Thestatuteoffraudsdoesnotdeclarethecontractsthereinenumeratedvoidand

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estate real or personal nor change or affect the same, unless it be written etc." ariseastothem,viz,thetitlethereandtheirpartition,ifproventobelongtothe
Otherexamplesmightbementioned. intestate, can be properly and expeditiously litigated in an ordinary action of
partition.
Section 1 of Rule 74 contains no such express or clear declaration that the
required public instruments is to be constitutive of a contract of partition or an 39 ARCILLASV.MONTEJO
inherentelementofitseffectivenessasbetweentheparties.AndthisCourthad 26SCRA197(1968)
noapparentreason,inadoptingthisrule,tomaketheefficacyofapartitionas
between the parties dependent on the execution of a public instrument and its FACTS:
registration. On the other hand, the opposite theory is not without reasonable GeronimoArcillasfiledapetitionforthecancellationoftitleinthenameofhislate
support. We can think of possible factors against the proposition that a public father. He asked in the same petition that the title to the property reflect the
documentanditsregistrationwerecontemplatedasnecessaryingredientstogive shares of each sibling laid down in the petition. He alleged that portions of the
lifetoacontractofpartitionsothatwithoutthemnooralpartitioncanbindthe landweresoldtoVicenteArcillas,alsoanheir.Petitionerontheotherhandfileda
parties. petitionfortheissuanceoflettersofadministrationfortheestate,includingasone
of the properties the land in question. Respondents opposed this on the ground
38 TORRESV.TORRES thatitwasunnecessarytoundertakeadministrativeproceedingsastherewasonly
10SCRA185(1964) onepropertyinvolvedandthattherewasnodebtspayable.

FACTS: HELD:
Oneofthechildrenofthedecedentprayedforthelettersofadministrationforthe Havingdecidedtoinstituteadministrationproceedingsinsteadofresortingtothe
estateofhisparent.Thiswasopposedtobyanotherheironthegroundthatitwas less expensive modes of settlement of the estate, i.e. extrajudicial settlement or
unnecessary to undergo judivcial administration since there was a previously ordinaryactionforpartition,theheirsmaynotthenberebuffedintheexerciseof
concluded extrajudicial partition amongst them. Petitioner doesn't deny the theirdiscretiongrantedundersection1ofRule74oftheRulesofCourtmerelyon
existence of this partition however, he alleges that the same didn't took into thegroundthattheexpensesusuallycommoninadministrationproceedingsmay
consideration some valuable properties of the decedent as well as the existing deplete the funds of the estate. The resultant delay and necessary expenses
obligationleftbythesame. incurred thereafter are consequences which must be deemed to have been
voluntarilyassumedbytheheirsthemselvessothattheymaynotinthefuturebe
HELD: heard to complain of these matters. Besides, the truth or veracity of petitioner's
Thisisnottooverlooktheallegationthattheestatehasanoutstandingobligation claimastotheallegedexistenceofotherpropertiesofthedeceasedasidefromthe
ofP50,000.00.Itistobenoted,however,thatappellant,asheretoforeobserved, lotinquestioncanbemoreadequatelyascertainedinadministrationproceedings
did not specify from whom and in what manner the said debt was contracted. ratherthaninanyotheraction.
Indeed, the bare allegation that, "the estate has an existing debt of P50,000.00
from third persons" cannot be considered as concise statement to constitute a Understandablytheallowanceofthehearingofthe"cadastral"motion,supposedly
causeofaction.Itmustbeforthisreasonthatthelowercourt,notwithstandingthe broughtundertheauthorityofsection112ofAct496,cannotbesustained.While
existenceofsuchavermentinappellant'ssupplementalanswertotheopposition, thissectionauthorizes,amongothers,apersonininteresttoaskthecourtforany
dismissedthepetitionfiledbysaidappellant. erasure, alteration, or amendment of a certificate of title "upon the ground that
registered interests of any description, whether vested, contingent, expectant, or
Nordoestheunverifiedstatementthatthereareotherpropertiesnotincludedin inchoatehaveterminatedandceased,"andapparentlytheNovember12petition
thedeedofextrajudicialpartitioninthepossessionofoneoftheheirs,justifythe comeswithinitsscope,suchreliefcanonlybegrantedifthereisunanimityamong
institution of an administration proceeding because the same questions that may the parties, or there is no adverse claim or serious objection on the part of any

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partyininterest;otherwisethecasebecomescontroversialandshouldbethreshed 41 CARREONV.AGCAOILI
out in an ordinary case or in the case where the incident properly belongs (see 1SCRA521(1961)
Puguid v. Reyes, L21311, August 10, 1967 and the cases cited therein). In the
instantcasetheobviouslackofunanimityamongthepartiesininterest,manifestly FACTS:
demonstratedbypetitioners'expressobjectiontothecancellationofTCTNo.RT WhenBonifacioCarreondied,hiswidowadjudicatedtoherselftheparcelofland
244,sufficientlyremovestheNovember12petitionfromthescopeofsection112 whichtheyacquiredduringhislifetime.Shedidn'tdisclosethatshehadchildren
of Act 496. Besides, the proceedings provided in the Land Registration Act are withBonifacio.Shewasgranted,subjecttotheannotationinthetitleofSection4,
summaryinnatureandhenceinadequateforthelitigationofissueswhichproperly Rule74.Thereafter,sheobtainedaloanfromthebankandassecurity,mortgaged
pertaintothecasewheretheincidentbelongs. oftheland.Shewasnotabletopaytheloanontimeandlookedforabuyerfor
the land. There came Agcaoili who bought the same. The loan was paid., the
40 ERM8CV.MEDELO mortgagesubsequentlyreleased.
64SCRA359(1975)
Consequently,thechildrenofCelerinasoughttheannulmentofthesaletoAgcaoili
FACTS: on the ground of fraud employed by their mother in adjudicating the land to
Oneofthegrandchildrenofthedeceasedspousesfiledforsummarysettlementof herselfnotwithstandingthatshehadchildrenwhowerealsoheirstothedeceased
theestate.Therebeingnooppositionthereto,hewasorderedtomakeaproject Bonficacio.
ofpartition.Thecourtapprovedthesame.However,amotionforreconsideration
was filed by one of the children of the deceased spouses, alleging that the lot in HELD:
issueshouldn'tbeincludedintheinventoryasthesamewasownedbyhim.The On the transfer certificate of title issued to Agcaoili there was annotated a
trialcourtoverruledhismotionanddecidedinfavorofthesummarysettlement. statementthatitwassubjecttoSection4,Rule74oftheRulesofCourt.Thiswas
anannotationcarriedoverfromCelerina'stransfercertificate.Section4,Rule74,
HELD: providesthefollowing:
Thepolicyofthelawistoterminateproceedingsforthesettlementoftheestateof
deceased persons with the least loss of time. This is specially true with small SEC. 4. Liability of distributees and estate. If it shall appear at any time within
estatesforwhichtherulesprovidepreciselyasummaryproceduredispensingwith twoyearsafterthesettlementanddistributionofanestateinaccordancewiththe
the appointment of an administrator together with the other involved and provisions of either of the first two sections of this rule, that an heir or other
cumbersome steps ordinarily required in the determination of the assets of the personhasbeenundulydeprivedofhislawfulparticipationintheestate,suchheir
deceased and the persons entitled to inhirit therefrom and the payment of his orsuchotherpersonmaycompelthesettlementoftheestateinthecourtsinthe
obligations.Definitely,theprobatecourtisnotthebestforumfortheresolutionof mannerhereinafterprovidedforthepurposeofsatisfyingsuchlawfulparticipation.
adverseclaimsofownershipofanypropertyostensiblybelongingtothedecedent's And if within the same time of two years, it shall appear that there are debts
estate. While there are settled exceptions to this rule as applied to regular outstandingagainsttheestatewhichhavenotbeenpaid,orthatanheirorother
administrationproceedings,itisnotpropertodelaythesummarysettlementofa personhasbeenundulydeprivedofhislawfulparticipationpayableinmoney,the
deceased person just because an heir or a third person claims that certain courthavingjurisdictionoftheestatemay,byorderforthatpurpose,afterhearing,
propertiesdonotbelongtotheestatebuttohim.Suchclaimmustbeventilatedin settletheamountofsuchdebtsorlawfulparticipationandorderhowmuchandin
anindependentaction,andtheprobatecourtshouldproceedtothedistributionof what manner each distributee shall contribute in the payment thereof, and may
theestate,iftherearenootherlegalobstaclestoit,forafterall,suchdistribution issue execution, if circumstances require, against the bond provided in the
mustalwaysbesubjecttotheresultsofthesuit.Fortheprotectionoftheclaimant preceding section or against the real estate belonging to the deceased, or both.
theappropriatestepistohavetheproperannotationoflispendensentered. Such bond and such real estate shall remain charged with a liability to creditors,

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heirs, or other persons for the full period of two years after such distribution, thelawisthat"therearenodebts...orallthedebtshavebeenpaidbytheheirs."
notwithstandinganytransfersoftherealestatethatmayhavebeenmade. Whentheconditionisfulfilledthepartitioncantakeplace,nomatterwhatstage
the administration may have reached. By this it is, of course, not meant that the
The above lien is effective only for a period of two years. From September 28, partition after the appointment of an administrator will interfere with the rights
1946, when a transfer certificate of title was issued to Celerina, to September 8, acquired by third person dealing with said administrator within the limits of his
1949 when the deed of sale in favor of Agcaoili was issued and registered, more authorityandpriortothepartition;northattheadministratorcanbedeprivedof
thantwoyearshadelapsedWesustainthelowercourt'sopinionthatthenceforth the property of which he is legally in possession without proper proceedings and
therighttohavesuchliencancelledbecamevestedonappelleeAgcaoiliandthat theconsentofthecourt.
thesamehadbecomefunctusoficio.Andtherebeingnofraudinthetransaction
onthepartofappellee,norproofthatheknewofanylegalinfirmityinthetitleof As we have already indicated, the basis of the liability of a surety on an
his vendor, we find no reason to apply the proposition that he is deemed to be administrators' bond is the fault or failure of the principal. The liability of the
holdingthelandintrustforthechildrenofCelerinaDauag. principalprecedesthatofthesurety.IfVelascoincurrednoliability,thenhissurety
incurred none. The question that naturally suggests itself is, then, In what was
42 MCMICKINGV.SYCONBIENG Velascoatfaultorinwhatdidhefail?Whenthepersonsinterestedintheestateof
21Phil211(1912) MarianoOcampoagreedvoluntarilyuponapartitionanddivisionoftheproperty
ofsaidestateandtheactualpartitionfollowed,thematterpassedoutofthehands
FACTS: ofVelascoasadministrator.Thepartiestothepartitionstoodinvokingtheirrights
Margarita Jose died intestate and left properties here and abroad. Palanca undersection596and597.Velascowashelpless.Hewaspowerlesstopreventthe
qualifiedasadministratoroftheestateandtookpossessionofallthepropertiesof partiesfromtakingthepropertytowhichtheywereentitledundertheagreement,
thedecedent.OcampoandanotherservedassuretiesofPalanca.WhenOcampo it being conceded that they were actually entitled thereto in law. Those sections
died,Palancawasorderedtofileanadditionalbondinreplacementofthesurety were applicable to the situation and there was nothing that Velasco could do to
given by Ocampo. Ocampos estate was in turn administered by Velasco, with prevent the estate from being divided according to their provisions. In giving his
several persons serving as his sureties. The estate was extrajudicially partitioned consent to the partition and in assisting the parties to obtain the approval of the
bytheheirsandtheyundertooktopayanydebtsoftheestate.Lateron,Palarca courttheretohedidnowrong.
wasremovedfromofficeforhisrefusaltorenderaccountingofthepropertieshe
took in administration. McMicking took his stead and consequently filed a claim Moreover,thesuretiesofanadministratorsoappointedcannotbeheldliablefor
against the estate of Ocampo, arising allegedly from the surety it undertook for propertywhichbyforceoflawhasbeentakenfromtheprincipalanditsownership
Palarca. andcontrolturnedovertoothers.Theirobligationisthattheirprincipalshallobey
thelawinthehandlinganddistributionoftheestate.Theirobligationisdischarged
HELD: whentheestateislegallyturnedovertothoseentitledthereto. Thelawrequires
Inthecaseatthebarweareoftheopinionthat,underthebroadandliberalpolicy theprincipaltoturnitovertothosewhobringthemselveswithintheprovisionsof
which we must adopt in the interpretation and application of the provisions section 596. Having turned over the whole estate under thecompelling powerof
referred to, the decision of the property of Mariano Ocampo, deceased, in the thelaw,hisobligationceased.Theresponsibilityofthesuretiesceasedatthesame
form,inthemannerandforthepurposesexpressed,fallswithintheprovisionsof time.Withouttheirconsentanotherobligationcouldnotbeimposeduponthemin
saidsectionsandmaybetermed,therefore,andweholdittobe,apartitionofthe relationtothesameprincipal,andthesameproperty,orapartthereof,especially
property of a decedent without legal proceedings within the meaning of those after the lapse of two years. Their undertaking was that their principal should
sections.Thefactofthepriorappointmentofanadministratorandthefilingofan dischargeoneobligation,nottwo.
inventory before such partition is of no consequence so far as the right of the
ownerstopartitionisconcerned.Theonlyrequisiteforsuchpetitionprescribedby

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Wehavenotoverlookedthecontentionthatatthetimethispartitiontookplace 174SCRA154(1939)
there was a contingent claim against the estate partitioned, namely, the claim
which would arise on the contingency that the administrator for whom Mariano FACTS:
Ocampo was surety might default or otherwise fail to perform his duties thus PereirawasanemployeeofPALuntilhedied.hewassurvivedbyhiswidowand
rendering Mariano Ocampo liable on his bond; and that contingent claim, being sister. His sister then filed a petition for letters of administration of his estate.
oneexpresslyrecognizedbysections746to749oftheCodeofCivilProcedureasa Notwithstanding opposition from the widow, she was appointed as administratix.
claimentirelypropertopresent,nopartitionofthisestateundersection596and Itwasthepetitionerscontentionthatjudicialadministrationisunnecessarygiven
597 was legally possible until such claim was provided for by the petitioning therewasnoestateleftbythehusbandandthatnodebtsarepayable.
parties. This contention goes upon the assumption that a partition under the
sections of the Code of Civil Procedure so often referred to is void unless every HELD:
debt is paid or provided for by the petitioning parties, and may therefore be Thegeneralruleisthatwhenapersondiesleavingproperty,thesameshouldbe
entirelydisregardedbythecreditorholdingaclaimeitherunpaidorprovidedfor. judicially administered and the competent court should appoint a qualified
We do not believe that this assumption is warranted. In the first place, we must administrator,intheorderestablishedinSection6,Rule78,incasethedeceased
rememberthatthepartitionproceedingsinquestionareproceedingsoutofcourt. leftnowill,orincasehehadleftone,shouldhefailtonameanexecutortherein.
Consequently there is no prescribed method of ascertaining and settling claims. An exception to this rule is established in Section 1 of Rule 74. Under this
The appointment of commissioners, the publicationofnoticetocreditors,andall exception,whenalltheheirsareoflawfulageandtherearenodebtsduefromthe
the other proceedings necessary in cases of administration in court are not estate,theymayagreeinwritingtopartitionthepropertywithoutinstitutingthe
requiredinpartitionoutofcourt.Thelawissilentastohowtheclaimsaretobe judicialadministrationorapplyingfortheappointmentofanadministrator.
ascertained, presented and determined. We must assume, therefore, that the
method of ascertaining them and determining their validity was left to the good Section1,Rule74oftheRevised Rules of Court, however,does not precludethe
senseandsoundjudgmentofthepersonsconcerned. heirsfrominstitutingadministrationproceedings,eveniftheestatehasnodebtsor
obligations,iftheydonotdesiretoresortforgoodreasonstoanordinaryaction
In the second place, it must be on served that express provisions is made by for partition. While Section 1 allows the heirs to divide the estate among
sections596and597forthepaymentofaclaimdiscoveredbythemorpresented themselvesastheymayseefit,ortoresorttoanordinaryactionforpartition,the
afterthepartition.Thatisoneofthemainprovisions.Itisanecessarydeduction, saidprovisiondoesnotcompelthemtodosoiftheyhavegoodreasonstotakea
therefore,thatitwasnottheintentionofthelawtopronouncethepartitionvoid different course of action. It should be noted that recourse to an administration
ofnoeffectsimplybecausenotallofthedebtswerepaidbeforethepartitionwas proceedingeveniftheestatehasnodebtsissanctionedonlyiftheheirshavegood
made.Thefactofnonpaymentcannot,then,becausebythecreditorasareason reasons for not resorting to an action for partition. Where partition is possible,
for attacking the partition directly; that is, by asserting that, inasmuch as a eitherinoroutofcourt,theestateshouldnotbeburdenedwithanadministration
payment of all the debts is a condition precedent to the right of partition, such proceedingwithoutgoodandcompellingreasons.
partitioncannotlegallyandvalidlytakeplacewhileadebtisoutstanding.Whilea
partition manifestly fraudulent in inception and result might possibly be attacked Thus,ithasbeenrepeatedlyheldthatwhenapersondieswithoutleavingpending
directlybyanactiontosetaside,aquestionwhichwedonotdiscussordecide,the obligationstobepaid,hisheirs,whetherofageornot,arenotboundtosubmitthe
manner of attacking the partition prescribed by the law is the one, generally propertytoajudicialadministration,whichisalwayslongandcostly,ortoapplyfor
speaking, preferably to be followed; and that is to throw into administration so theappointmentofanadministratorbytheCourt.Ithasbeenuniformlyheldthat
much of the estate as is necessary to pay the outstanding claim. The method, in such case the judicial administration and the appointment of an administrator
thoughindirect,accomplishesabetterresultthanadirectattack. aresuperfluousandunnecessaryproceedings.

43 PEREIRAV.COURTOFAPPEALS

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Now, what constitutes "good reason" to warrant a judicial administration of the Respondent Judge acted too soon. The verified motion on the part of private
estateofadeceasedwhentheheirsarealloflegalageandtherearenocreditors respondents did not suffice to call into play the power of respondent Judge to
willdependonthecircumstancesofeachcase. allowintervention.Theremustbeproofbeyondallegationsinsuchmotiontoshow
the interest of the private movants. In the absence thereof, the action taken by
44 JEREZV.NIETES respondentJudgecouldbeconsideredpremature.
30SCRA905(1969)

RULE75
FACTS:
PRODUCTIONOFWILL.ALLOWANCEOFWILLNECESSARY
When Nietes died, his widow was appointed as administratix of his estate. She
submitteddulyaprojectofpartitionandaccountingandwasdulyapprovedbythe
order of the court. upon closing of the intestate proceedings, here came the Section 1. Allowance necessary. Conclusive as to execution. No will shall pass
illegitimatechildrenofthedeceasedallegingthatthepartitionwascontrarytolaw eitherrealorpersonalestateunlessitisprovedandallowedinthepropercourt.
astheyweredeprivedoftheirrespectiveshares.Uponthismereunsubstantiated Subjecttotherightofappeal,suchallowanceofthewillshallbeconclusiveasto
motion,thetrialcourtjudgereopenedtheproceedingshastily. itsdueexecution.

HELD: WILL,DEFINED.
Wedosonowanddefinitelyholdthatratherthanrequireanypartywhocanallege Anactwherebyapersonispermitted,withtheformalitiesprescribedby
agrievancethathisinterestwasnotrecognizedinatestateorintestateproceeding law, to control to a certain degree the disposition of his estate, to take
tofileaseparateandindependentaction,hemaywithinthereglementaryperiod effectafterhisdeath.
securethereliefthatishisduebyareopeningofthecaseevenafteraprojectof
partitionandfinalaccountinghadbeenapproved. Section2.Custodianofwilltodeliver.Thepersonwhohascustodyofawillshall,
withintwenty(20)daysafterheknowsofthedeathofthetestator,deliverthe
It is indisputable that after the project of partition and final accounting was willtothecourthavingjurisdiction,ortotheexecutornamedinthewill.
submitted by the counsel for petitioner Lucrecia Jerez, as administratrix, on June
14, 1966, respondent Judge approved the same and declared closed and Section3.Executortopresentwillandacceptorrefusetrust.Apersonnamedas
terminatedtheintestacythenextday,June15,1966.Subsequently,onaverified executor in a will shall, within twenty (20) days after he knows of the death of
petition by private respondents, filed on June 29, 1966, based on the assertion thetestate,orwithintwenty(20)daysafterheknowsthatheisnamedexecutor
made that they should have had a share in the estate as illegitimate children but ifheobtainedsuchknowledgeafterthedeathofthetestator,presentsuchwill
that they were omitted in the aforesaid project of partition, they sought to be tothecourthavingjurisdiction,unlessthewillhasreachedthecourtinanyother
allowed to intervene and "to have the project of partition rejected for being manner, and shall, within such period, signify to the court in writing his
contrarytolaw."Suchapleading,withoutmore,resultedinthequestionedorder acceptanceofthetrustorhisrefusaltoacceptit.
ofJuly30,1966,reopeningtheproceedingsandreconsideringtheapprovalofthe
project of partition and final accounting, to enable the private respondents "to Section 4. Custodian and executor subject to fine for neglect. A person who
presentwhateverevidencetheymayhavetoshowtheirrighttoparticipateinthe neglects any of the duties required in the two last preceding sections without
estate of the deceased." Although the recognition of their right to intervene excused satisfactory to the court shall be fined not exceeding two thousand
appearedtobetentativeandconditional,itcannotbedeniedthattheyweregiven pesos.
astandingsufficienttosetasidetheprojectofpartition.
Section5.Personretainingwillmaybecommitted.Apersonhavingcustodyofa
will after the death of the testator who neglects without reasonable cause to

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deliverthesame,whenorderedsotodo,tothecourthavingjurisdiction,maybe NATUREOFAPROBATEPROCEEDING
committedtoprisonandtherekeptuntilhedeliversthewill. KindofspecialproceedingsanctionedundertheRulesofCourt
Itisaproceedinginrem,itisbindingonallpersonsininterestwhether
theyappeartocontesttheprobateornot
RULE76
Theadmissionofwilltoprobatehasalltheeffectsofajudgment,andis
ALLOWANCEORDISALLOWANCEOFWILL
entitledtogoodfaithandcreditinothercourts

DEFINITIONOFPROBATE NATUREOFPROBATEORDERS
Probateisaspecialproceedingforestablishingthevalidityofawill When a probate order has been issued and no timely appeal was filed,
It seeks to prove that instrument submitted is the will of the testator, theorderbecomesfinalandbindinguponthewholeworld
that it was executed according to the formalities required by law, and Upon such finality, the case can no longer be opened for petition for
thatthetestatorhadthetestamentarycapacityatthetimeofexecution annulmentofthewill

KINDSOFPROBATEPROCEEDINGS PURPOSEOFPROBATEPROCEEDINGS
1. Postmortem where the proceedings are held after the death of the Probatecourtshavelimitedjurisdiction
testator Mainpurposeoftheproceedingsistodeterminethefollowing
2. Antemortem where the testator tests the validity of his will before the o Identityofthewill
probatecourtduringhislifetime o Testamentarycapacityofthetestator
o Compliance of the will itself with the formalities required by
ADVANTAGESOFANTEMORTEMPROCEEDINGS law
1. Fraud, intimidation, and undue influence are minimized because the Once these three things have been established, then the court issues a
courtswillhaveaneasiertimedeterminingthementalconditionofalive probateorder
testatorthanadeadone Theprobateorderthenhaslimitedjurisdictiontodeterminewhatmayor
2. If the will doesn't comply with the requirements of law, it can be maynotbeincludedintheinventoryofthetestatorsestate
correctedimmediately Theissueofownershipisdeterminedprovisionallybytheprobatecourt
3. Ifprobatedduringthelifetimeofthetestator,theonlyquestionleftafter inordertogiveeffecttothewill
thetestatorsdeathwouldbetheintrinsicvalidityofthedispositions
WHENJURISDICTIONVEST
QUESTIONSTOBEDETERMINEDBYTHEPROBATECOURT Uponfilingofpetitionforprobate
1. Questionofidentityofthewill
2. Questionofthedueexecutionofthewillinaccordancewithformalities
requiredbylaw
3. Questionoftestamentarycapacity

NECESSITYFORPROBATE
Certainsafeguardsmustbeinplacetopreventforgeryandotheractsof
unscrupulousindividualsandatthesametime,toinsurethatthetestator
understoodandmeantwhatheplacedinthewill

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Section1.Whomaypetitionfortheallowanceofwill.Anyexecutor,devisee,or
legateenamedinawill,oranyotherpersoninterestedintheestate,may,atany
timeafterthedeathofthetestator,petitionthecourthavingjurisdictiontohave
the will allowed, whether the same be in his possession or not, or is lost or
destroyed.

Thetestatorhimselfmay,duringhislifetime,petitionthecourtfortheallowance
ofhiswill.

WHOMAYFILEAPETITIONFORPROBATEOFAWILL
1. Testatorduringanantemortemprobate
2. Legateesordevisees
3. Heirs
4. Anyotherpersoninterestedintheestate

ANY DEFECT IN THE PETITION SHALL NOT RENDER THE DISALLOWANCE OF THE
WILL
The rules provide that no defect in the petition shall render void the
allowance of the will, or the issuance of letters testamentary or of
administrationwiththewillannexed
Ifthereisanydefect,thenthecourtwouldjustorderthepartiestomake
thenecessaryamendments

Section2.Contentsofpetition.Apetitionfortheallowanceofawillmustshow,
sofarasknowntothepetitioner:

(a)Thejurisdictionalfacts;

(b) The names, ages, and residences of the heirs, legatees, and devisees of the
testatorordecedent;

(c)Theprobablevalueandcharacterofthepropertyoftheestate;

(d)Thenameofthepersonforwhomlettersareprayed;

(e)Ifthewillhasnotbeendeliveredtothecourt,thenameofthepersonhaving
custodyofit.

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But no defect in the petition shall render void the allowance of the will, or the Section5.Proofathearing.Whatsufficientinabsenceofcontest.Atthehearing
issuanceofletterstestamentaryorofadministrationwiththewillannexed. compliancewiththeprovisionsofthelasttwoprecedingsectionsmustbeshown
before the introduction of testimony in support of the will. All such testimony
PETITIONFORPROBATECONTAINSTHEFOLLOWING shallbetakenunderoathandreducedtowriting.Itnopersonappearstocontest
1. Thejurisdictionalfacts; the allowance of the will, the court may grant allowance thereof on the
2. The names, ages, and residences of the heirs, legatees, and devisees of testimonyofoneofthesubscribingwitnessesonly,ifsuchwitnesstestifythatthe
thetestatorordecedent; willwasexecutedasisrequiredbylaw.
3. Theprobablevalueandcharacterofthepropertyoftheestate;
4. Thenameofthepersonforwhomlettersareprayed; In the case of a holographic will, it shall be necessary that at least one witness
5. If the will has not been delivered to the court, the name of the person whoknowsthehandwritingandsignatureofthetestatorexplicitlydeclarethat
havingcustodyofit. thewillandthesignatureareinthehandwritingofthetestator.Intheabsenceof
anysuchcompetentwitness,andifthecourtdeemitnecessary,experttestimony
Section3.Courttoappointtimeforprovingwill.Noticethereoftobepublished. mayberesortedto.
Whenawillisdeliveredto,orapetitionfortheallowanceofawillisfiledin,the
courthavingjurisdiction,suchcourtshallfixatimeandplaceforprovingthewill IFTHENOTARIALWILLISUNCONTESTED,HOWMANYSUBSCRIBINGWITNESSES
whenallconcernedmayappeartocontesttheallowancethereof,andshallcause ARENEEDEDTOTESTIFY?
notice of such time and place to be published three (3) weeks successively, Onlyonesubscribingwitnessmaytestifyifthewillisuncontested
previous to the time appointed, in a newspaper of general circulation in the Ifthewilliscontested,allsubscribingwitnessesmusttestify
province.
WITHRESPECTTOHOLOGRAPHICWILLS,HOWMANYWITNESSESMUSTTESTIFY?
Butnonewspaperpublicationshallbemadewherethepetitionforprobatehas At least one witness who knows the handwriting and signature of the
beenfiledbythetestatorhimself. testator explicitly declaring that the will and signature are in the
handwritingofthetestator
Section 4. Heirs, devisees, legatees, and executors to be notified by mail or In the absence of such competent witness and/or if the court deems it
personally.Thecourtshallalsocausecopiesofthenoticeofthetimeandplace necessary,experttestimonymayberesortedto
fixedforprovingthewilltobeaddressedtothedesignatedorotherknownheirs,
legatees,anddeviseesofthetestatorresidentinthePhilippinesattheirplacesof Section6.Proofoflostordestroyedwill.Certificatethereupon.Nowillshallbe
residence,anddepositedinthepostofficewiththepostagethereonprepaidat provedasalostordestroyedwillunlesstheexecutionandvalidityofthesame
leasttwenty(20)daysbeforethehearing,ifsuchplacesofresidencebeknown.A beestablished,andthewillisprovedtohavebeeninexistenceatthetimeofthe
copy of the notice must in like manner be mailed to the person named as death of the testator, or is shown to have been fraudulently or accidentally
executor,ifhebenotthepetitioner;also,toanypersonnamedascoexecutornot destroyed in the lifetime of the testator without his knowledge, nor unless its
petitioning, if their places of residence be known. Personal service of copies of provisionsareclearlyanddistinctlyprovedbyatleasttwo(2)crediblewitnesses.
the notice at lest (10) days before the day of hearing shall be equivalent to When a lost will is proved, the provisions thereof must be distinctly stated and
mailing. certified by the judge, under the seal of the court, and the certificate must be
filedandrecordedasotherwillsarefiledandrecorded.
Ifthetestatorasksfortheallowanceofhisownwill,noticeshallbesentonlyto
hiscompulsoryheirs. Section 7. Proof when witnesses do not reside in province. If it appears at the
time fixed for the hearing that none of the subscribing witnesses resides in the
province,butthatthedepositionofoneormoreofthemcanbetakenelsewhere,

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the court may, on motion, direct it to be taken, and may authorize a GROUNDSFORDISALLOWANCE
photographiccopyofthewilltobemadeandtobepresentedtothewitnesson 1. Noncompliance
hisexamination,whomaybeaskedthesamequestionswithrespecttoit,andto 2. Insanityormentallyincapable
thehandwritingofthetestatorandothers,aswouldbepertinentandcompetent 3. Duressorfear
iftheoriginalwillwerepresent. 4. Undueinfluence
5. Fraud
Section8.ProofwhenwitnessesdeadorinsaneordonotresideinthePhilippines.
Iftheappearsatthetimefixedforthehearingthatthesubscribingwitnessesare Section 10. Contestant to file grounds of contest. Anyone appearing to contest
dead or insane, or thatnone of them resides in the Philippines, the court may thewillmuststateinwritinghisgroundsforopposingitsallowance,andservea
admit the testimony of other witnesses to prove the sanity of the testator, and copythereofonthepetitionerandotherpartiesinterestedintheestate.
thedueexecutionofthewill;andasevidenceoftheexecutionofthewill,itmay
admitproofofthehandwritingofthetestatorandofthesubscribingwitnesses, Section 11. Subscribing witnesses produced or accounted for where will
orofanyofthem. contested.Ifthewilliscontested,allthesubscribingwitnesses,andthenotaryin
thecaseofwillsexecutedundertheCivilCodeofthePhilippines,ifpresentinthe
STAGESOFAPROBATEPROCEEDING Philippines and not insane, must be produced and examined, and the death,
1. Probate proper where the court determines the existence of absence,orinsanityofanyofthemmustbesatisfactorilyshowntothecourt.If
testamentarycapacity,dueexecutionandidentityofthewill all or some of such witnesses are present in the Philippines but outside the
2. Thecourtshallthenissueanorderallowingthewill provincewherethewillhasbeenfiled,theirdepositionmustbetaken.Ifanyor
3. Second stage is the distribution, where for the purposes of judicial all of them testify against the due execution of the will, or do not remember
orderliness,thewillmustbeenforcedinaccordancewiththeprovisions having attested to it, or are otherwise of doubtful credibility, the will may
of the will so long as the will doesn't violate the law, especially the nevertheless, be allowed if the court is satisfied from the testimony of other
provisionsonlegitimeandthequalificationsofthebeneficiarytosucceed witnesses and from all the evidence presented that the will was executed and
attestedinthemannerrequiredbylaw.
Section9.Groundsfordisallowingwill.Thewillshallbedisallowedinanyofthe
followingcases: If a holographic will is contested, the same shall be allowed if at least three (3)
witnesses who know the handwriting of the testator explicitly declare that the
(a)Ifnotexecutedandattestedasrequiredbylaw; will and the signature are in the handwriting of the testator; in the absence of
any competent witnesses, and if the court deem it necessary, expert testimony
(b)Ifthetestatorwasinsane,orotherwisementallyincapabletomakeawill,at mayberesortedto.
thetimeofitsexecution;
Section 12. Proof where testator petitions for allowance of holographic will.
(c)Ifitwasexecutedunderduress,ortheinfluenceoffear,orthreats; Wherethetestatorhimselfpetitionsfortheprobateofhisholographicwilland
no contest is filed, the fact that the affirms that the holographic will and the
(d)Ifitwasprocuredbyundueandimproperpressureandinfluence,onthepart signature are in his own handwriting, shall be sufficient evidence of the
ofthebeneficiary,orofsomeotherpersonforhisbenefit; genuinenessanddueexecutionthereof.Iftheholographicwilliscontested,the
burdenofdisprovingthegenuinenessanddueexecutionthereofshallbeonthe
(e)Ifthesignatureofthetestatorwasprocuredbyfraudortrick,andhedidnot contestant.Thetestatortorebuttheevidenceforthecontestant.
intend that the instrument should be his will at the time of fixing his signature
thereto.

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Section13.Certificateofallowanceattachedtoprovewill.Toberecordedinthe
Office of Register of Deeds. If the court is satisfied, upon proof taken and filed, FACTS:
thatthewillwasdulyexecuted,andthatthetestatoratthetimeofitsexecution Mercadosoughttheprobateofthewillofhislatewife.Thewillwasdulyprobated
was of sound and disposing mind, and not acting under duress, menace, and andfiveyearsaftersaidproceedings,thefiveintervenorsfiledforthereopeningof
undueinfluence,orfraud,acertificateofitsallowance,signedbythejudge,and theproceedings.Theirmotionwasdenied.Thereafter,theyfiledonfourdifferent
attested by the seal of the court shall be attached to the will and the will and instances the same complaint for alleged forgery and falsification employed by
certificatefiledandrecordedbytheclerk.Attestedcopiesofthewilldevisingreal Mercado.ThispromptedMercadotobeimprisonedandhadtofileforbailseveral
estateandofcertificateofallowancethereof,shallberecordedintheregisterof times.Hethenfiledforinjunctionwiththeappellatecourt.
deedsoftheprovinceinwhichthelandslie.
HELD:
45 FERNANDEZV.DIMAGIBA The probate of a will by the probate court having jurisdiction thereof is usually
21SCRA428 consideredasconclusiveastoitsdueexecutionandvalidity,andisalsoconclusive
thatthetestatorwasofsoundanddisposingmindatthetimewhenheexecuted
FACTS: thewill,andwasnotactingunderduress,menace,fraud,orundueinfluence,and
Dimagiba submitted a petition for probate of the will of the late delos Reyes, thatthewillisgenuineandnotaforgery.
institutingtheformerasthesoleheir.OppositionwaslaterenteredbyFernandez
and others. They alleged themselves to be intestate heirs and they oppose the The probate of a will in this jurisdiction is a proceeding in rem. The provision of
probate on grounds of forgery amongst others. They were overruled and the notice by Publication as a prerequisite to the allowance of a will is constructive
probatewasallowed.Theylaterintroduceevidencethatthewillwasrevokedby noticetothewholeworld,andwhenprobateisgranted,thejudgmentofthecourt
allegeddeedsofsaleexecutedallegedlybythetestatrixbutagain,theprobatewas isbindinguponeverybody,evenagainsttheState.
upheld.Theytriedtoappealthedecisionofthetrialcourtbuttheappellatecourt
heldthattheprobatehadbecomefinalduetolackofopportuneappealfromthe 47 SUMILANGV.RAMAGOSA
oppositors. 21SCRA1369

HELD: FACTS:
Astothefirstpoint,oppositorsappellantscontendthattheorderallowingthewill Sumilang filed a petition for the probate of the decedent Ramagosa, wherein the
toprobateshouldbeconsideredinterlocutory,becauseitfailstoresolvetheissues former was the sole heir to the estate. The probate was opposed by the
ofestoppelandrevocationpropoundedintheiropposition.Theappellant'sstandis respondentsallegingthatthewillwasmadeunderduressandnotintendedtobe
untenable.Itiselementarythataprobatedecreefinallyanddefinitivelysettlesall the decedents last will and testament. When the petitioner finished adducing
questions concerning capacity of the testator and the proper execution and evidence on his behalf, the oppositors didnt adduce their own but instead, they
witnessingofhislastwillandtestament,irrespectiveofwhetheritsprovisionsare movedforthedismissaloftheprobateproceedings,allegingthatthecourtdidnt
valid and enforceable or otherwise. As such, the probate order is final and havejurisdictionasthewillwasallegedlyrevokedbylawwhenthedecedentsold
appealable;anditissorecognizedbyexpressprovisionsofSection1ofRule109, theparcelsofland,subjectofthewill,topetitioners.Themotionwasdeniedon
that specifically prescribes that "any interested person may appeal in special thegroundthatitgoesintotheintrinsicvalueofthewill,whichtheprobatecourt
proceedings from an order or judgment . . . where such order or judgment: (a) doesnthavejurisdictiontosettle.
allowsordisallowsawill."
HELD:
46 MERCADOV.SANTOS The petition below being for the probate of a will, the court's area of inquiry is
66SCRA215 limited to the extrinsic validity thereof. The testator's testamentary capacity and

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thecompliancewiththeformalrequisitesorsolemnitiesprescribedbylawarethe acted correctly in passing upon the will's intrinsic validity even before its formal
only questions presented for the resolution of the court. Any inquiry into the validityhadbeenestablished.Theprobateofawillmightbecomeanidleceremony
intrinsicvalidityorefficacyoftheprovisionsofthewillorthelegalityofanydevise if on its face it appears to be intrinsically void. Where practical considerations
orlegacyispremature. demand that the intrinsic validity of the will be passed upon, even before it is
probated,thecourtshouldmeettheissue.
Oppositors would want the court a quo to dismiss petition for probate on the
groundthatthetestatorhadimpliedlyrevokedhiswillbyselling,priortohisdeath, It was wrong however for the probate court to convert the proceedings into an
thelandsdisposedoftherein. intestate one. The rule is that "the invalidity of one of several dispositions
containedinawilldoesnotresultintheinvalidityoftheotherdispositions,unless
True or not, the alleged sale is no ground for the dismissal of the petition for itistobepresumedthatthetestatorwouldnothavemadesuchotherdispositions
probate.Probateisonethingthevalidityofthetestamentaryprovisionsisanother. if the first invalid disposition had not been made" (Art. 792, Civil Code). "Where
Thefirstdecidestheexecutionofthedocumentandthetestamentarycapacityof someoftheprovisionsofawillarevalidandothersinvalid,thevalidpartswillbe
thetestator;thesecondrelatestodescentanddistribution. upheldiftheycanbeseparatedfromtheinvalidwithoutdefeatingtheintentionof
thetestatororinterferingwiththegeneraltestamentaryscheme,ordoinginjustice
48 BALANAYV.MARTINEZ tothebeneficiaries"
64SCRA452
49 PASTORV.COURTOFAPPEALS
FACTS: 122SCRA885
BalanayJr.filedapetitionfortheprobateofthewillofhislatemother,whichwas
opposedbyhisfatherandsiblings.Thefatherclaimstohavebeenpreteritedand FACTS:
that there was an illegal partition of the conjugal properties. Balanay Jr. then Pastor Sr. died and was survived by his wife, who later also died, 2 legitimate
presenteddocumentsallegedlyexecutedbythefatherwithdrawinganyopposition childrenPastor Jr., and Sofia, and one illegitimate child Quemada Pastor Jr.
to the probate proceedings as well as the renunciation of whatever share in the QuemadaPastorJr.soughttheprobateoftheallegedholographicwillofhisfather.
estate of his late wife. The opposition was then overruled by the court and The will contained only one testamentary disposition: a legacy in favor of
proceedingscontinued.However,duringtheproceedings,onewhowasallegedly QUEMADAconsistingof30%ofPASTOR,SR.'s42%shareintheoperationbyAtlas
Balanaysnewcounselfiledamotionforthedismissaloftheprobateproceedings ConsolidatedMiningandDevelopmentCorporation(ATLAS)ofsomeminingclaims
onthegroundthatthewillisvoidforillegallypartitioningtheconjugalassetsand inCebu.Hewassubsequentlyappointedasthespecialadministratoroftheestate
constitutedacompromiseonfuturelegitime.Themotionincludedthatthetestate and by purview of this authority, he instituted actions against Pastor Jr. for the
proceedings should be dismissed and replaced with an intestate one. The court reconveyance of some properties of the estate, which covers the legacy
sustainedthemotionanddismissedtheproceedings.BalanayJr.thenaverredthat bequeathed to Quemada. This was opposed by Pastor Jr. and his wife but was
he didnt authorized Montinolla to file the same motion and that the court overruled.ProbateproceedingscommencedandQuemadakeptonaskingforthe
shouldntdismisstheproceedings.Thetrialcourtheldthatitdidntdecidesolely paymentofhislegacies.
onthebasisofthemotionfiledbutduetothereadingoftheprovisionsofthewill
itself. Whilethereconveyancesuitwasstillpending,thePROBATECOURTissuedthenow
assailedOrderofExecutionandGarnishment,resolvingthequestionofownership
HELD: oftheroyaltiespayablebyATLASandrulingineffectthatthelegacytoQUEMADA
Inviewofcertainunusualprovisionsofthewill,whichareofdubiouslegality,and wasnotinofficious.
becauseofthemotiontowithdrawthepetitionforprobate(whichthelowercourt
assumed to have been filed with the petitioner's authorization), the trial court

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Theorderfoundthataspertheholographicwillandawrittenacknowledgmentof estate of the testator," which clearly implies that the issue of impairment of
Pastor,Jr.oftheabove60%interestintheminingclaimsbelongingtothePastor legitime(anaspectofintrinsicvalidity)wasinfactnotresolved.Finally,theProbate
Group, 42% belonged to Pastor, Sr. and only 33% belonged to Pastor, Jr. The Order did not rule on the propriety of allowing Quemada to remain as special
remaining25%belongedtoE.Pelaez,alsoofthePastorGroup.Theprobatecourt administratorofestatepropertiesnotcoveredbytheholographicwill,"considering
thusdirectedATLAStoremitdirectlytoQuemadathe42%royaltiesduedecedent's thatthis(Probate)Ordershouldhavebeenproperlyissuedsolelyasaresolutionon
estate,ofwhichQuemadawasauthorizedtoretain75%forhimselfaslegateeand theissueofwhetherornottoallowandapprovetheaforestatedwill."
todeposit25%withareputablebankinginstitutionforpaymentoftheestatetaxes
and other obligations of the estate. The 33% share of PASTOR, JR. and/or his Itwas,therefore,errorfortheassailedimplementingOrderstoconcludethatthe
assignees was ordered garnished to answer for the accumulated legacy of Probate Order adjudged with finality the question of ownership of the mining
QuemadafromthetimeofPastor,Sr.'sdeath,whichamountedtoovertwomillion properties and royalties, and that, premised on this conclusion, the dispositive
pesos. portion of the said Probate Order directed the special administrator to pay the
legacyindispute.
Theorderbeing"immediatelyexecutory",QuemadasucceededinobtainingaWrit
ofExecutionandGarnishment.PastorJr.soughtreconsideration. With respect to the intrinsic validity of the will, there was no appropriate
determination, much less payment, of the debts of the decedent and his estate.
HELD: Nor had the estate tax been determined and paid, or at least provided for, as of
Inaspecialproceedingfortheprobateofawill,theissuebyandlargeisrestricted December 5, 1972. The net assets of the estate not having been determined,
totheextrinsicvalidityofthewill,i.e.,whetherthetestator,beingofsoundmind, therefore, the legitime of the forced heirs in concrete figures could not be
freelyexecutedthewillinaccordancewiththeformalitiesprescribedbylaw.Asa ascertained. All the foregoing deficiencies considered, it was not possible to
rule, thequestion of ownership is an extraneousmatter whichthe Probate Court determine whether the legacy of Quemada a fixed share in a specific property
cannotresolvewithfinality.Thus,forthepurposeofdeterminingwhetheracertain rather than an aliquot part of the entire net estate of the deceased would
propertyshouldorshouldnotbeincludedintheinventoryofestateproperties,the produceanimpairmentofthelegitimeofthecompulsoryheirs.
Probate Court may pass upon the title thereto, but such determination is
provisional,notconclusive,andissubjecttothefinaldecisioninaseparateaction Finally, there actually was no determination of the intrinsic validity of the will in
toresolvetitle. otherrespects.ItwasobviouslyforthisreasonthataslateasMarch5,1980more
than 7 years after the Probate Order was issued the Probate Court scheduled on
Nowhere in the dispositive portion is there a declaration of ownership of specific March25,1980ahearingontheintrinsicvalidityofthewill.
properties.Onthecontrary,itismanifestthereinthatownershipwasnotresolved.
Foritconfineditselfto thequestionofextrinsicvalidityofthewin,andtheneed 50 USV.CHIUGUIMOO
for and propriety of appointing a special administrator. Thus it allowed and 36PHIL917
approved the holographic win "with respect to its extrinsic validity, the same
having been duly authenticated pursuant to the requisites or solemnities FACTS:
prescribedbylaw."Itdeclaredthattheintestateestateadministrationaspectmust Joaquin Cruz was a wealthy Chinese merchant who resided permanently in a
proceed " subject to the outcome of the suit for reconveyance of ownership and certainmunicipality.WhenhevisitedChina,hemarriedUyChuanandhadachild
possessionofrealandpersonalpropertiesinCivilCase274TbeforeBranchIXof with her. When he returned, he then met Maria who he also married. He then
theCFIofCebu."Thenagain,theProbateOrder(whileindeeditdoesnotdirectthe decidedtoreturntoChinabuthewasntabletocomebackashedied.Beforehis
implementation of the legacy) conditionally stated that the intestate death, he executed a will which named his brother, defendant in this case, and
administrationaspectmustproceed"unless...itisproven...thatthelegacyto another person as heir. The brother filed a petition for the probate but didnt
be given and delivered to the petitioner does not exceed the free portion of the producethewill.HethennegotiatedwithMariafortherenunciationofhershare

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intheestateinexchangeformoney.Thereafter,criminalactionwasfiledagainst
defendant for refusing to produce the will of his deceased brother as well as to From what has been said it follows that the order of commitment made by the
distributetheestate. lower court remanding the accused to jail should be vacated and if subsidiary
imprisonment should be imposed for insolvency the defendant shall, under the
HELD: provisionsofActNo.2557,becreditedwiththetimeduringwhichhewasconfined
The judge of first instance believed that he had authority to give the notice and inpursuanceoftheorderofthelowercourt,Withthismodificationthejudgment
maketheorderinquestionundersection629oftheCodeofCivilProcedurewhich ofthecourtbelowshouldbeaffirmedwithcostsagainsttheappellant.
providesthetestatorneglectswithoutreasonablecausetodeliverthesametothe
courthavingjurisdiction,afternoticebythecoursesotodo,hemaybecommitted 51 RODRIGUEZV.DEBORJA
to the prison of the province by a warrant issued by the court and there kept in 17SCRA418
closeconfinementuntilhedeliversthewill.
FACTS:
Itisouropinionthatthisprovisioncanonlybeappliedwhenacourtisactinginthe AfterthedeathofFr.Rodriguez,apurportedwillofhiswassubmittedforprobate.
exercise of its jurisdiction over the administration of the estates of deceased Maria and Angela Rodriguez sought the examination of the will but later on
persons;andwhereadministrationproceedingsarenotalreadypending,thecourt, withdrawnthesame.Instead,theyfiledforthesettlementoftheintestateestate
beforetakingactionunderthissection,shouldrequirethattherebebeforeitsome of Fr. Rodriguez, alleging therein that the decedent didn't leave any will. One of
petition,information,oraffidavitofsuchcharacterastomakeactionbythecourt theirallegationsisthattheiractionprecludedtheprobateproceedingsintheother
underthissectionappropriate. court. The same parties, petitioners herein, sought the dismissal of the probate
proceedings,butwasdenied.
Theproceedingsinthiscase,undersection628oftheCodeoftheCivilProcedure,
is an ordinary criminal prosecution. The act penalized in that section (628) is a HELD:
specialstatutoryoffenseandisproperlyprosecuteduponcomplaintorinformation Intestatesuccessionisonlysubordinateorsubsidiarytothetestate,sinceintestacy
as other criminal offenses created by law. The fact that this penal provision is onlytakesplaceintheabsenceofavalidoperativewill.Thus,followingthesame
containedintheCodeofCivilProceduredoesnotmaketheproceedingtoenforce principle, it is only when the testate succession is invalidated could an intestate
thepenaltyacivilproceedinginanysense.Theremedyprovidedinsection629of successionbeinstitutedintheformofpreestablishedaction.
the Code of Procedure is evidently a totally different remedy, having no relation
with that provided in section 628; and it is in our opinion not permissible in a 52 TEOTICOV.DELVAL
prosecutionunderthelastmentionedsectiontosuperimposeuponthepenaltyof 13SCRA406
fine therein prescribed the additional penalty of imprisonment prescribed in
section629. FACTS:
Aguirrediedandleftawill,whichprovidedamongothersalegacyinfavorofRene
Imayfurtherbeobservedthatonegracedifficultyinapplyingtheremedyprovided Teotico,thehusbandofherniece.ThewillwassubmittedforprobatebyVicente
insection629inaprosecutionundersection628isthattoenforcetheproduction TeoticobutwasopposedagainstbytheadoptedchildofAguirressister.Oneof
ofthewillbtheaccusedatsuchtrialwouldvirtuallycompelhimtoconvicthimself, theallegationswasthatthelegacytoTeoticowasvoidonthegroundthatTeotico
since the mere production of the will by him would be conclusive that he had wasthephysicianwhoadministeredmedicalattentiontoAguirrebeforeherdeath.
possession of it as charged in the criminal complaint; and it seems probable that Vicente in turn filed a motion to dismiss the opposition on the ground that she
thiswouldconstituteaninfringementofthatprovisionoflawwhichsaysthatina doesnthaveanylegalpersonalitytointervene.Intheendoftheproceedings,the
criminalactionthedefendantshallbeexemptfromtestifyingagainsthimself.(See willsvaliditywassustainedbytheprobatecourtbutthelegacywasheldvoid.The
Gen.OrdersNo.58,sec.15.) petitionersoughtreconsiderationofthedecisiontonullifythelegacy.

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Crisostomo. A corresponding prayer for the appointment of an additional


HELD: administratoroftheestate.ThiswasopposedbytheFernandoandinsteadmoved
Questiononthelegalpersonalityofoppositortointervene for the dismissal of the intestate proceedings on the ground that he already had
possessionofthepropertyinfavorofthechildren.
Beforeapersonmayinterveneinestateproceedings,heshouldhaveaninterestin
theestate,orinhiswill,orinthepropertytobeaffectedbyiteitherasanexecutor HELD:
orasaclaimantoftheestate,andaninterestedpartyhasbeendefinedasonewho Itwillbeseenfromtheabovethattheprincipalissueinthiscaseastowhetherthe
wouldbebenefitedbytheestatelikeacreditor. intestateproceedingsshouldbedismissedhasalreadybeendecidedbythisCourt
inthecertiorariproceedingsasfarbackasJuly2,1948,withtheexceptionthatif
Whereunderthewillsterms,anoppositorhasnointerestintheestateeitheras there had been errors committed in the appointment of the guardian (not in the
an heir, executor or administrator, nor does she have any claim to any property institution of the intestate proceedings, which had been declared within the
affectedbythewill,norwouldsheacquireanyinterestinanyportionoftheestate jurisdiction of the court) those errors in the appointment may be corrected in an
asalegalheirifthewillweredeniedprobate,itisheldthatsaidoppositorcannot appeal.Afterexaminingtherecord,wedonotseeanyerrorintheappointmentof
intervene. German Crisostomo and Pacita Fernando as coadministrators as they were the
brother and sister, respectively, of the deceased, no evidence having been
Questiononintrinsicvalidityofthewill presentedbytheappellantwhythosepersonsshouldnotbeappointed,eitheron
accountoftheirincompetencyorlackofmoralqualifications.We,therefore,affirm
Oppositiontotheintrinsicvalidityorlegalityoftheprovisionsofthewillcannotbe theorderofthecourtappointingthem.
entertainedinProbateproceedingbecauseitsonlypurposeismerelytodetermine
ifthewillhasbeenexecutedinaccordancewiththerequirementsofthelaw." ItshouldbeborneinmindthattheaboveresolutionsofthisCourtconstitute res
judicataand"thelawofthecase"withregardtothisappealandtheycannolonger
Pursuanttotheforegoingprecedentsthepronouncementmadebythecourtaquo bequestionedorputinissueinthepresentcase.Itresultsthen,thattheclaimof
declaringinvalidthelegacymadetoDr.ReneTeoticointhewillExhibitAmustbe theappellantthattheintestateproceedingsshouldbedismissedhastobedenied
setasideashavingbeenmadeinexcessofitsjurisdiction.Anotherreasonwhysaid and, as all the other questions are dependent on said issue, they should also be
pronouncement should be set aside is that the legatee was not given an decidedadverselytotheappellant.
opportunitytodefendthevalidityofthelegacyforhewasnotallowedtointervene
in this proceeding. As a corollary, the other pronouncements touching on the 54 ARAUJOV.CELIS
dispositionoftheestateinfavorofsomerelativesofthedeceasedshouldalsobe 6PHIL459
setasideforthesamereason.
FACTS:
53 FERNANDOV.CRISOSTOMO Rosario Araujo owned property inherited from her late mother. She wed the
90SCRA585 defendantsson.Shediedwithnodescendantsandascendantsbutonlycollateral
relatives. These relatives wanted the properties in question be delivered by the
FACTS: father of Rosarios husband as they were allegedly the surviving heirs of Rosario.
FernandowastheguardianofRufinoSr.andhischildren.Whenthefatherdied,he GregorioCelisasamatterofdefensedidntdenythepossessionoftheproperties
became the guardian of the children. He then filed a motion for the approval of butallegedthathewasentitledtothesame.Heallegedlyinheritedthesamefrom
the extrajudicial partition of the estate of spouses Rufino Crisostomo and Petra hislatesonwhointurninheritedthepropertyfromRosario.
Fernando.Theguardianadlitemopposedthisandwassustainedbythetrialcourt.
ApetitionwasthenfiledforthereopeningoftheintestateproceedingsbyGerman HELD:

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Asthecourtbelowproperlyfound,theonlyimportantanddecisivequestioninthis withGoTohandManuelLopez,andthatthiswillwasplacedinanenvelopewhich
case is whether or not Rosario Darwin executed a legal and valid will in the form wassignedbythedeceasedandbytheinstrumentalwitnesses.Incourttherewas
and manner alleged by the defendant. If so the defendant's right to the property presentedandattachedtothecaseanopenandemptyenvelopesignedbyJoseB.
wouldbeunquestionable.Ifnotsothecontrarywouldnecessarilybetheresult. Suntay,AlbertoBarretto,GoTohandManuelLopez.Itisthusundeniablethatthis
envelope Exhibit A is the same one that contained the will executed by the
Thispointastothewill,however,wasnotasclearlyestablishedasitshouldhave deceased drafted by Barretto and with the latter, Go Toh and Manuel Lopez as
been. The defendant introduced no will in evidence, offered secondary parol attesting witnesses. These tokens sufficiently point to the loss of the will of the
evidenceastoitscontentsundertheclaimthattheoriginalwillhadbeenlost.The deceased.,acircumstancejustifyingthepresentationofsecondaryevidenceofits
courtallowedthisevidenceovertheobjectionoftheplaintiffs,andthisisoneof contentsandofwhetheritwasexecutedwithalltheessentialandnecessarylegal
the errors assigned by them on this appeal. The plaintiffs' objection to the formalities.
admissionofsuchevidencewaswelltakenandthatitcouldthereforehavebeen
sustained. Thetrialofthiscasewaslimitedtotheproofoflossofthewill,andfromwhathas
taken place we deduce that it was not petitioner's intention to raise, upon the
Thelossoftheallegedoriginalwillhasnotbeensufficientlyestablished. evidence adduced by her, the other points involved herein, namely, as we have
Further,thewitnesstestifiedthatthewill,acopyofwhichhesawandhadinhis heretoforeindicated,whetherExhibitBisatruecopyofthewillandwhetherthe
possession,wassignedbytwowitnessesonly.Awillsignedbytwowitnessesonly latter was executed with all the formalities required by law for its probate. The
could not under any circumstances be valid under the law in force at the time testimonyofAlbertoBarrettobearsimportantlyinthisconnection.
referredtobythewitness,andlegallyspeakingsuchwillcouldnotthenhavebeen
probatedorrecorded. Wherefore,thelossofthewillexecutedbythedeceasedhavingbeensufficiently
established, it is ordered that this case be remanded to the court of origin for
Thecaseisremandedtothelowercourtforfurtherproceedings. furtherproceedingsinobediencetothisdecision,withoutanypronouncementas
tothecosts.Soordered
55 LIMBILLIANV.SUNTAY
63PHIL793 56 BASAV.MERCADO
61PHIL632
FACTS:
JoseSuntaydiedinChina.Hemarriedtwice,havingmanychildrenduringhisfirst FACTS:
marriageandasonduringhissecond.Whenhedied,oneofthechildrenfromthe The judge allowed the probate of the will of Ines Basa. The administrators
first marriage instituted intestate proceedings. On the same proceedings, the inventory was then duly approved and he was held to be the sole heir of the
second wife instituted for probate of the will of Jose. She alleged that before testatrix. The petitioners thereafter came forth and prayed for the reopening of
leaving for China, she was handed a sealed envelope purporting to be the will of theproceedingsonthegroundthatthecourtdidnthavejurisdictionduetonon
thetestator.Itwassnatchedallegedlybythechildrenofthefirstmarriage.This compliancewithpublicationrequirements.
wasofcoursedeniedbythechildren.Witnesseshoweverattestedtothefactof
thewill. HELD:
Itisheldthatthelanguageusedinsection630oftheCodeofCivilProceduredoes
HELD: not mean that the notice, referred to therein, should be published for three full
In our opinion, the evidence is sufficient to establish the loss of the document weeks before the date set for the hearing on the will. In other words the first
contained in the envelope. Oppositors' answer admits that, according to Barretto publication of the notice need not be made twentyone days before the day
he prepared a will of the deceased to which he later became a witness together appointedforthehearing.

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section 618. However, a petition was presented in the Court of First Instance of
57 DEARANZV.GALANG thecityofManilafortheprobateofthiswill,onthegroundthatJohnsonwasat
161SCRA628 thetimeofhisdeathacitizenoftheStateofIllinois,UnitedStatesofAmerica;that
the will was duly executed in accordance with the laws of that State; and hence
FACTS: could properly be probated here pursuant to section 636 of the Code of Civil
JoaquinInfantefiledapetitionfortheprobateofthewillofMontserratInfanteand Procedure.Thissectionreadsasfollows:
he likewise named the legatees and devisees and their corresponding addresses.
The court ordered for the publication of notice of the hearing in newspapers of Willmadeherebyalien.AwillmadewithinthePhilippineIslandsbyacitizenor
general circulation once a week, for three consecutive weeks. It however didnt subjectofanotherstateorcountry,whichisexecutedinaccordancewiththelaw
sendpersonalnoticestothedeviseesandlegatees.Nooppositionwasfiledduring of the state or country of which he is a citizen or subject, and which might be
the reglamentary period and thus, the court accepted evidence ex parte from proved and allowed by the law of his own state or country, may be proved,
privaterespondent.Thepetitionersthenmovedforreconsiderationontheground allowed,andrecordedinthePhilippineIslands,andshallhavethesameeffectasif
ofjurisdictionalissues. executedaccordingtothelawsoftheseIslands.

HELD: The grounds upon which the petitioner seeks to avoid the probate are four in
Itisclearfromtheaforecitedrulethatnoticeofthetimeandplaceofthehearing numberandmaybestated,inthesamesequenceinwhichtheyaresetforthinthe
for the allowance of a will shall be forwarded to the designated or other known petition,asfollows:
heirs,legatees,anddeviseesresidinginthePhilippinesattheirplacesofresidence,
ifsuchplacesofresidencebeknown.Thereisnoquestionthattheresidencesof (1)EmilH.JohnsonwasaresidentofthecityofManilaandnotaresidentof
herein petitioners legatees and devisees were known to the probate court. The theStateofIllinoisatthetimethewillinquestionwasexecuted;
petition for the allowance of the wig itself indicated the names and addresses of
thelegateesanddeviseesofthetestator.Butdespitesuchknowledge,theprobate (2)Thewillisinvalidandinadequatetopassrealandpersonalpropertyinthe
courtdidnotcausecopiesofthenoticetobesenttopetitioners.Therequirement StateofIllinois;
ofthelawfortheallowanceofthewillwasnotsatisfiedbymerepublicationofthe
noticeofhearingforthree(3)weeksinanewspaperofgeneralcirculationinthe (3) The order admitting the will to probate was made without notice to the
province. petitioner;and

58 INREESTATEOFJOHNSON (4)Theorderinquestionwasbeyondthejurisdictionofthecourt.
39PHIL156
HELD:
FACTS: Principally, the issue being raised by petitioner is the citizenship of the testator.
EmilH.Johnson,anativeofSwedenandanaturalizedcitizenoftheUnitedStates, Assuming that he became a US citizen, he apparently lost the same when he
died in the city of Manila, leaving a will, by which he disposed of an estate, the residedinthePhilippines.However,therewasnolawinforcebyvirtueofwhich
value of which, as estimated by him, was P231,800. This document is an any person of foreign nativity can become a naturalized citizen of the Philippine
holographic instrument, being written in the testator's own handwriting, and is Islands;anditwas,therefore,impossibleforthetestator,evenifhehadsodesired,
signed by himself and two witnesses only, instead of three witnesses required by toexpatriatehimselffromtheUnitedStatesandchangehispoliticalstatusfroma
section618oftheCodeofCivilProcedure.Thiswill,therefore,wasnotexecutedin citizenoftheUnitedStatestoacitizenoftheseIslands.Thisbeingtrue,itistobe
conformity with the provisions of law generally applicable to wills executed by presumed that he retained his citizenship in the State of Illinois along with his
inhabitants of the Philippines, and hence could not have been proved under status as a citizen of the United States. It would be novel doctrine to Americans

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living in the Philippine Islands to be told that by living here they lose their the legitime to which she is entitled under the law governing testamentary
citizenshipintheStateoftheirnaturalizationornativity. successionsintheseIslands.Uponthispointitissufficienttosaythattheprobate
of the will does not affect the intrinsic validity of its provisions, the decree of
The court wasn't unmindful of the fact that when a citizen of one State leaves it probatebeingconclusiveonlyasregardsthedueexecutionofthewill.
and takes up his abode in another State with no intention of returning, he
immediately acquires citizenship in the State of his new domicile. This is in 59 ABUTV.ABUT
accordancewiththatprovisionoftheFourteenthAmendmenttotheConstitution 45SCRA326
oftheUnitedStateswhichsaysthateverycitizenoftheUnitedStatesisacitizenof
the State where in he resides. The effect of this provision necessarily is that a FACTS:
persontransferringhisdomicilefromoneStatetoanotherloseshiscitizenshipin Gavina sought to substitute her deceased brother as a party to the probate
the State of his original above upon acquiring citizenship in the State of his new proceedingsofthewilloftheirlatefather.Originally,Generosofiledapetitionfor
abode. The acquisition of the new State citizenship extinguishes the old. That probate of the will of his father. He was a child from the second marriage.
situation however has no analogy to that which arises when a citizen of an Opposition was entered by the children of the first marriage but they were
AmericanStatecomestoresideinthePhilippineIslands.Herehecannotacquirea overruledandGenerosowasappointedexecutor.Whenhedied,Gavinasoughtto
new citizenship; nor by the mere change of domicile does he lose that which he substitutebutthecourtinsteadconsequentlydismissedtheproceedingsasnonew
broughtwithhim. publicationwasallegedlymade.

With respect to the issue of compliance with the rules pertaining to execution of HELD:
willsinIllinois,thelowercourtmayhaveerredwhenittookjudicialnoticeofthe We find the dismissal of the original petition for probate and the refusal of the
state laws of Illinois but even so, the remedy isnt available to the petitioner any probatecourttoadmittheamendedpetitionwithoutanewpublicationthereofto
longer. First, because the petition does not state any fact from which it would be untenable. The jurisdiction of the court became vested upon the filing of the
appearthatthelawofIllinoisisdifferentfromwhatthecourtfound,and,secondly, originalpetitionanduponcompliancewithSections3and4ofRule76.
becausetheassignmentoferrorandargumentfortheappellantinthiscourtraises
noquestionbasedonsuchsupposederror.Thoughthetrialcourtmayhaveacted A proceeding for the probate of a will is one in rem, such that with the
uponpureconjectureastothelawprevailingintheStateofIllinois,itsjudgment corresponding publication of the petition the court's jurisdiction extends to all
could not be set aside, even upon application made within six months under personsinterestedinsaidwillorinthesettlementoftheestateofthedeceased.
section 113 of the Code of Civil procedure, unless it should be made to appear The fact that the amended petition named additional heirs not included in the

affirmatively that the conjecture was wrong. The petitioner, it is true, states in originalpetition didnotrequirethatnoticeoftheamendedpetitionbepublished
general terms that the will in question is invalid and inadequate to pass real and anew.
personalpropertyintheStateofIllinois,butthisismerelyaconclusionoflaw.The

affidavitsbywhichthepetitionisaccompaniedcontainnoreferencetothesubject, Jurisdictionofthecourtonceacquiredcontinuesuntiltheterminationofthecase,
andwearecitedtonoauthorityintheappellant'sbriefwhichmighttenttoraisea and remains unaffected by subsequent events. The court below erred in holding
doubt as to the correctness of the conclusion of the trial court. It is very clear, thatitwasdivestedofjurisdictionjustbecausetheoriginalpetitionerdiedbefore
therefore,thatthispointcannotbeurgedasofseriousmoment. thepetitioncouldbeformallyheard.Partieswhocouldhavecomeinandopposed
the original petition, as herein appellees did, could still come in and oppose the
But it is insisted in the brief for the appellant that the will in question was not amendedpetition,havingalreadybeennotifiedofthependencyoftheproceeding
properly admissible to probate because it contains provisions which cannot be bythepublicationofthenoticethereof.
giveneffectconsistentlywiththelawsofthePhilippineIslands;anditissuggested
thatasthepetitionerisalegitimateheirofthetestatorshecannotbedeprivedof

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The admission of the amended petition, of course, does not mean that Gavina court," Evidently, the photostatic or xerox copy of the lost or destroyed
Abut's prayer that she be appointed administratrix with the will annexed is holographicwillmaybeadmittedbecausethentheauthenticityofthehandwriting
necessarily meritorious. It simply recognizes that since the lower court has ofthedeceasedcanbedeterminedbytheprobatecourt.
acquiredjurisdictionovertheres,suchjurisdictioncontinuesuntilthetermination
ofthecase.Thefirstquestionthatthelowercourtshouldhearanddecideisthe 61 GANV.YAP
probate of the will; and the question of whether or not Gavina Abut should be 104PHIL509
appointedadministratrixmustbedecidedonthebasisofthefactstobepresented
andafterthewillisprovedandallowed,asprovidedinSection6ofRule78. FACTS:
FelicidadYapdiedfromaheartattack.Daysafterherdeath,FaustoGanpetitioned
60 RODELASV.ARANZA that her alleged holographic will be admitted to probate. The husband opposed
119SCRA16 theexistenceofsaidwill,maintaininghiswifedidn'tleftanywill.

FACTS: During the court proceedings, the will wasn't really presented as evidence but
RodelassoughttheprobateofthewillofRicardoBonilla.Thiswasopposedonthe instead,witnesseswhoallegedlysawthewillwerepresentedtotestify.Allegedly,
groundthatwhatwaspresentedwasthephotostaticcopyoftheholographicwill sincethetestatrixwassufferingfromalongtimeheartailment,sheexpressedher
andnottheoriginal.Theoppositionmaintainedthatfirst,thecopywasn'tthetrue intent to execute a will to her cousin. She allegedly didn't want her husband to
copyoftheholographicwillandthatitsexistencemaynotbeprovedbysecondary know about it. Asking the help of her nephew, she drew a holographic will. But
evidence. afterhedeath,thiswasallegedlylost.

HELD: HELD:
Pursuant to Article 811 of the Civil Code, probate of holographic wills is the In the matter of holographic wills, no such guaranties of truth and veracity are
allowance of the will by the court after its due execution has been proved. The demanded, since as stated, they need no witnesses; provided however, that they
probatemaybeuncontestedornot.Ifuncontested,atleastoneIdentifyingwitness are"entirelywritten,dated,andsignedbythehandofthetestatorhimself."The
isrequiredand,ifnowitnessisavailable,expertsmayberesortedto.Ifcontested, law, it is reasonable to suppose, regards the document itself as material proof of
at least three Identifying witnesses are required. However, if the holographic will authenticity,andasitsownsafeguard,sinceitcouldatanytime,bedemonstrated
has been lost or destroyed and no other copy is available, the will can not be to be or not to be in the hands of the testator himself. "In the probate of a
probatedbecausethebestandonlyevidenceisthehandwritingofthetestatorin holographic will" says the New Civil Code, "it shall be necessary that at least one
saidwill.Itisnecessarythattherebeacomparisonbetweensamplehandwritten witnesswhoknowsthehandwritingandsignatureofthetestatorexplicitlydeclare
statements of the testator and the handwritten will. But, a photostatic copy or thatthewillandthesignatureareinthehandwritingofthetestator.Ifthewillis
xerox copy of the holographic will may be allowed because comparison can be contested, at least three such witnesses shall be required. In the absence of any
made with the standard writings of the testator. In the case of Gam vs. Yap, 104 such witnesses, (familiar with decedent's handwriting) and if the court deem it
PHIL. 509, the Court ruled that "the execution and the contents of a lost or necessary,experttestimonymayberesortedto."
destroyedholographicwillmaynotbeprovedbythebaretestimonyofwitnesses
whohaveseenand/orreadsuchwill.Thewillitselfmustbepresented;otherwise, The witnesses so presented do not need to have seen the execution of the
itshallproducenoeffect.Thelawregardsthedocumentitselfasmaterialproofof holographicwill.Theymaybemistakenintheiropinionofthehandwriting,orthey
authenticity." But, in Footnote 8 of said decision, it says that "Perhaps it may be maydeliberatelylieinaffirmingitisinthetestator'shand.However,theoppositor
proved by a photographic or photostatic copy. Even a mimeographed or carbon may present other witnesses who also know the testator's handwriting, or some
copy; or by other similar means, if any, whereby the authenticity of the expertwitnesses,whoaftercomparingthewillwithotherwritingsorlettersofthe
handwriting of the deceased may be exhibited and tested before the probate deceased,havecometotheconclusionthatsuchwillhasnotbeenwrittenbythe

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hand of the deceased. (Sec. 50, Rule 123). And the court, in view of such havepurposelydestroyeditinan"accident"theoppositorshavenowaytoexpose
contradictorytestimonymayuseitsownvisualsense,anddecideinthefaceofthe thetrickandtheerror,becausethedocumentitselfisnotathand.Andconsidering
document, whether the will submitted to it has indeed been written by the thattheholographicwillmayconsistoftwoorthreepages,andonlyoneofthem
testator. need be signed, the substitution of the unsigned pages, which may be the most
importantones,maygoundetected.
Obviously,whenthewillitselfisnotsubmitted,thesemeansofopposition,andof
assessingtheevidencearenotavailable.Andthentheonlyguarantyofauthenticity Iftestimonialevidenceofholographicwillsbepermitted,onemoreobjectionable
thetestator'shandwritinghasdisappeared. featurefeasibilityofforgerywouldbeaddedtotheseveralobjectionstothiskind
ofwills.
Normally, the relatives of the decedent are allowed to inspect the document to
testify as to whether the will was executed by the testator. They are given the Furthermore, in the case of a lost will, the three subscribing witnesses would be
opportunity to oppose or abide by the will. But this is frustrated, when the testifyingtoafactwhichtheysaw,namelytheactofthetestatorofsubscribingthe
document itself is not presented to them as evidence. Furthermore, it is notable will;whereasinthecaseofalostholographicwill,thewitnesseswouldtestifyasto
that commentators have the common submission that before the court allows their opinion of the handwriting which they allegedly saw, an opinion which can
distribution of property in accordance with a holographic will, the testators not be tested in court, nor directly contradicted by the oppositors, because the
handwritingandsignaturemustbepresented. handwritingitselfisnotathand.

Takingalltheabovecircumstancestogether,thecourtreachedtheconclusionthat Giventhis,theCourtfinallyagreedwiththetrialjudgeindisbelievingthedubious
theexecutionandthecontentsofalostordestroyedholographicwillmaynotbe testimonies.First,whywouldthetestatrixshowthewillpreciselytorelativeswho
provedbythebaretestimonyofwitnesseswhohaveseenand/orreadsuchwill. didn'tevenhadashareintheinheritance.Second,ifshetrulywantedtoconceal
thewillfromherhusband,whynotjustentrustitwithherbeneficiaries.
The above could easily been adopted as a rule for holographic wills by the Court
butinthiscase,ithesitatedtoapplytheruleandtackledfurtheronthesufficiency 62 GAGOV.MAMUYAC
oftheevidencepresentedbyGanandtheothers. 49PHIL902

Inthecaseofordinarywills,itisquitehardtoconvincethreewitnesses(fourwith FACTS:
the notary) deliberately to lie. And then their liescouldbechecked andexposed, Gago filed a petition for the probate of the will of Miguel Mamuyac. This was
theirwhereaboutsandactsontheparticularday,thelikelihoodthattheywouldbe opposedonthegroundthatthetestatorexecutedanewwillandtestament.Gago,
called by the testator, their intimacy with the testator, etc. And if they were onasecondtime,petitionedtheprobateofthelaterwillofMiguel.Thisagainwas
intimatesortrustedfriendsofthetestatortheyarenotlikelytoendthemselvesto opposedbythesameoppositorsonthegroundthatwhatwaspresentedwasjusta
nd
anyfraudulentschemetodistorthiswishes.Lastbutnotleast,theycannotreceive carboncopyoftheoriginal2 willandthatthesamewasrevokedbythetestator
anythingonaccountofthewill. duringhislifetime.

Whereas in the case of holographic wills, if oral testimony were admissible only HELD:
one man could engineer the fraud this way: after making a clever or passable With reference to the said cancellation, it may be stated that there is positive
imitationofthehandwritingandsignatureofthedeceased,hemaycontrivetolet proof,notdenied,whichwasacceptedbythelowercourt,thatwillinquestionhad
three honest and credible witnesses see and read the forgery; and the latter, beencancelledin1920.Thelawdoesnotrequireanyevidenceoftherevocation
havingnointerest,couldeasilyfallforit,andincourttheywouldinallgoodfaith orcancellationofawilltobepreserved.Itthereforebecomesdifficultattimesto
affirm its genuineness and authenticity. The will having been lost the forger may prove the revocation or cancellation of wills. The fact that such cancellation or

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revocation has taken place must either remain unproved of be inferred from presence in the court room. As far as we can see, there is nothing in the leading
evidenceshowingthatafterduesearchtheoriginalwillcannotbefound.Wherea case, Cabang vs. Delfinado (34 Phil., 291), cited by the appellees, to justify a
willwhichcannotbefoundisshowntohavebeeninthepossessionofthetestator, differentconclusion;inthatcasenoeffectwasmadetoproducethetestimonyof
whenlastseen,thepresumptionis,intheabsenceofothercompetentevidence, thetwosubscribingwitnessesthoughtheirabodewasknowntotheproponentof
thatthesamewascancelledordestroyed.Thesamepresumptionariseswhereitis thewill.
shownthatthetestatorhadreadyaccesstothewillanditcannotbefoundafter
hisdeath.Itwillnotbepresumedthatsuchwillhasbeendestroyedbyanyother In the present case, the will was presented for probate in Cebu; the attesting
person without the knowledge or authority of the testator. The force of the witnesses were living in Manila and were beyond the process of the court for
presumption of cancellation or revocation by the testator, while varying greatly, compulsoryattendance.Theywerecalledtotestifyandproducedbeforeanofficer
beingweakorstrongaccordingtothecircumstances,isneverconclusive,butmay legally authorized to take their testimony in the form of depositions. The notice
beovercomebyproofthatthewillwasnotdestroyedbythetestatorwithintentto required by section 361, supra, was duly given and the opponents given the
revokeit. opportunity to be present and to crossexamine the witnesses. In the
circumstances, this must certainly be considered a sufficient "calling" of the
Inviewofthefactthattheoriginalwillof1919couldnotbefoundafterthedeath witnessesandsatisfiesthelaw.
of the testator Miguel Mamuyac and in view of the positive proof that the same
hadbeencancelled,itisconcludedthattheconclusionsofthelowercourtarein The depositions in question appear to be in due form and would ordinarily be
accordancewiththeweightoftheevidence.Inaproceedingtoprobateawillthe admissible, but the record indicates that the failure of the opponents to be
burdenofproofsisupontheproponentclearlytoestablishnotonlyitsexecution presentedattheexaminationofthewitnesseswasduetothefactthattheywere
butitsexistence.Havingproveditsexecutionbytheproponents,theburdenison misledbythepetitioner'sactioninseekingspecialauthorizationfromthecourtfor
thecontestanttoshowthatithasbeenrevoked. thetakingofthedepositions.Intheinterestofjusticewethereforethinkthatthe
depositions should be retaken and the opponents given another opportunity to
63 ALDANESEV.SALUTILLO examinethewitnesses.
47PHIL548
64 CABANGV.DELFINADO
FACTS: 34PHIL291
AldanesefiledapetitionfortheprobateofthewillofAvila.Afterduepublication,
Salutillo and others opposed the probate. During the proceedings, Aldanese FACTS:
movedforthetakingofdepositionsofwitnessestothewill.Thiswasopposedby CabangsoughttheprobateofthewillofCelestinoDelfinado.Thiswasopposedby
the respondents on the ground that the witnesses should be physicially present respondentDelfinado.Duringtheproceedings,thepetitionerfailedtopresenttwo
during the witnesses to give their testimonies. The probate court sustained the ofthesubscribingwitnessesofthewillandbasedontheordersofthecourtand
respondents. records,noreasonwasadducedforfailingtopresentthewitnesses.Thequestion
thenarisesonwhetherthesameshouldbesustainedandthewillbeallowedtobe
HELD: probated.
In our opinion the court below erred in holding that the depositions in question
were inadmissible in evidence in the probate proceedings. It is true that the rule HELD:
prevailinginthisjurisdictionisthatwhenawilliscontestedtheattestingwitnesses The rule that no will shall be valid to pass any estate, real or personal, unless
mustbecalledtoprovethewillorashowingmustbemadethattheycannotbe "attested and subscribed by three or more credible witnesses," is a matter of
had,butthatdoesnotnecessarilymeanthattheymustbebroughtbodilybefore substantive law and an element of the will's validity. The rule that the attesting
the court. It is their testimony which is needed and not their actual personal witnessesmustbecalledtoproveawillforprobateisoneofpreferencemadeso

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bystatute.Thisruleofevidenceisnottobeconfusedwithrulesofquantity.There instituted,alloftheattestingwitnessesmustbeexamined,ifaliveandwithinreach
have been several reasons given for this rule of preference for the attesting oftheprocessofthecourt.
witnesses,onereasonbeingthatthepartyopposingtheclaimofproperexecution
ofthewillhasarighttothebenefitofcrossexaminingtheattestingwitnessesasto Inthepresentcasenoexplanationwasmadeatthetrialastowhyallthreeofthe
fraud,duress,orothermattersofdefense.Thelawplacesthesewitnesses"around attestingwitnesseswerenotproduced,buttheprobablereasonisfoundinthefact
the testator to ascertain and judge of his capacity" for the purpose of preventing that,althoughthepetitionfortheprobateofthis willhadbeenpendinguntilthe
frauds.Thesoundnessoftheruleiswellillustratedinthecaseunderconsideration. datesetforthehearing,noformalcontestwasentereduntiltheverydaysetfor
Here the attesting clause was omitted and the testator signed by mark. The the hearing; and it is probable that the attorney for the proponent, believing in
petitioner produced only one of the attesting witnesses. Had there not been a goodfaiththeprobatewouldnotbecontested,repairedtothecourtwithonlyone
contest,thiswouldhaveprobablybeensufficientundersection631.Whilethereis of the three attesting witnesses at hand, and upon finding that the will was
no testimony in the record to the effect that the testator could neither read nor contested, incautiously permitted the case to go to proof without asking for a
write, there is conclusive evidence that he could sign his name. This fact is postponement of the trial in order that he might produce all the attesting
establishedbytheproductionofExhibit1,whichallagreethetestatordidsign.The witnesses.
testator'ssignaturetothedocumentshowsthathecouldwrite,atleasthisname,
in a plain, clear manner, indicating a fairly good knowledge of writing. Had the Although this circumstance may explain why the three witnesses were not
proponent shown that the other two subscribing witnesses were not within the produced,itdoesnotinitselfsupplyanybasisforchangingtheruleexpoundedin
jurisdiction of the court and could not, therefore, be called, the due execution of the case above referred to; and were it not for a fact now to be mentioned, this
thewillwouldstillbeverydoubtful.Believing,aswedo,thatitwastheintentionof court would probably be compelled to reverse this case on the ground that the
theLegislaturethatthesubscribingwitnessesmustbecalledorgoodandsufficient execution of the will had not been proved by a sufficient number of attesting
reasonshownwhytheycouldnotbehad,andbeingsupportedbytheauthorities witnesses.
abovecitedandquoted,wemustconcludethattheproponentdidnotcomplywith
theprovisionsofthelawinthepresentationofhercase. 66 SOLIVIOV.CA
182SCRA119
65 AVERAV.GARCIA
42PHIL145 FACTS:
This case is regards the estate of the late author Esteban Javellana Jr. When he
FACTS: died, he was survived by only his maternal aunt, petitioner Solivio and paternal
AverapetitionedfortheprobateofthewillofEusebioGarcia.Thiswasopposed aunt, respondent Villanueva. Wishing to fulfill the decedents wish to place his
againstbytherespondents.Averapresentedonlyoneofthesubscribingwitnesses propertiesintoafoundation,Soliviofiledapetitionforthelettersofadministration
andadducednoreasonwhytheothertwowerentpresented.Acaveatthoughto of the estate be issued to her and consequently be appointed as a special
this case was that from the time petition was filed by Avera till the time of the administrator. The petition was later amended to declare her as sole heir of the
hearing, no opposition was made. It was only during the same day as of the decedent.ThecourtruledinSoliviosfavorandsheexplainedthatshedidthisto
hearingwhereinoppositionwasentered. facilitate the formation of the foundation among other reasons. Subsequently,
Villanuevabelatedlysoughtthereconsiderationoftheorderofthecourt,averring
HELD: that Solivio wasnt the only heir of the decedent but to this, she was overruled.
Uponthefirstpoint,whileitisundoubtedlytruethatanuncontestedwillbaybe Shethenfiledacaseforreconveyanceandpossessionofproperty,whichthetrial
provedbythetestimonyofonlyoneofthethreeattestingwitnesses,nevertheless courtdecidedinherfavor.
in Cabang vs. Delfinado (34 Phil., 291), this court declared after an elaborate
examination of the American and English authorities that when a contest is HELD:

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Afteracarefulreviewoftherecords,wefindmeritinthepetitioner'scontention judgment;andifanyofthemorotherpersonsinterestedwerenotsatisfiedwith
that the RTC lacked jurisdiction to entertain Concordia Villanueva's action for the court's decision, they had the remedy of appeal to correct any injustice that
partitionandrecoveryofhershareoftheestateofEstebanJavellana,Jr.whilethe might have been committed, and cannot now through the special remedy of
probateproceedingsforthesettlementofsaidestatearestillpendinginBranch23 mandamus, obtain a review of the proceeding upon a new application for the
ofthesamecourt,therebeingasyetnoordersforthesubmissionandapprovalof probateofthesamewillinordertocompeltherespondentjudgetocomplywith
theadministratix'sinventoryandaccounting,distributingtheresidueoftheestate hisministerialdutyimposedbysection330oftheCodeofCivilProcedure;because
totheheir,andterminatingtheproceedings. thisremedy,beingextraordinary,cannotbeusedinlieuofappeal,orwritoferror
(26 Cyc., 177; 18 R.C.L., par. 443); especially when the parties interested have
Itistheorderofdistributiondirectingthedeliveryoftheresidueoftheestateto agreed to disregard the testamentary provisions and divide the estate as they
thepersonsentitledtheretothatbringstoaclosetheintestateproceedings,puts pleased,eachofthemtakingwhatpertainedtohim(25R.C.L.,359).
an end to the administration and thus far relieves the administrator from his
duties. The assailed order declaring Celedonia as the sole heir of the estate of 68 RIERAV.PALMAROLI
EstebanJavellana,Jr.didnottolltheendoftheproceedings.Asamatteroffact, 40PHIL105
the last paragraph of the order directed the administratrix to "hurry up the
settlementoftheestate." FACTS:
PonswasaSpanishresidentwhodiedinthePhilippines.Subsequently,theConsul
67 MANALOV.PAREDES General submitted for probate his purported will. The will was admitted to
Supra probate. This was later on opposed by the widow of the decedent, alleging that
due to uncontrollable circumstances, she wasnt able to outright enter her
HELD: opposition.ShepetitionedtheSC,throughsection513,toreconsiderthedecision
Theproceedingfortheprobateofawillisaproceedinginrem(40Cyc.,p.1265), of the lower court, averring regularities in the formalities of executing the will.
and the court acquires jurisdiction over all the persons interested through the Section513providesSEC.513.WhenajudgmentisrenderedbyaCourtofFirst
publicationofthenoticeprescribedbysection630oftheCodeofCivilProcedure, Instance upon default, and a party thereto is unjustly deprived of a hearing by
and any order that may be entered is binding against all of them. Through the fraud, accident, mistake, or excusable negligence, and the Court of First Instance
publicationorderedbytheCourtofFirstInstanceofLagunaoftheapplicationfor which rendered the judgment has finally adjourned so that no adequate remedy
the probate of the supposed will of Francisco Villegas, filed by Justina Mendieta existsinthatcourt,thepartysodeprivedofahearingmaypresenthispetitionto
andherminorchildrenLazaroandDariaMendietaandMelecioFule,testamentary the Supreme Court within sixty days after he first learns of the rendition of such
executor, through their attorney, Mr. Eusebio Lopez, said court acquired judgment, and not thereafter, setting forth the facts and praying to have such
jurisdictionoverallsuchpersonsaswereinterestedinthesupposedwill,including judgmentsetaside...
GelacioMalihan.Thecourthavingtriedsaidapplicationforprobate,hearingallthe
testimonyoftheattestingwitnessesofthesaidsupposedwill,theapplicantJustina HELD:
Mendietaforherselfandasguardianadlitemofherminorchildren,represented FromwhathasbeensaiditwillbeseenthatthejurisdictionoftheSupremeCourt
bytheirattorneys,Messrs.MarcelinoLontokandMarcialAzada,ontheonehand, to entertain a petition of the character of that now before us begins in point of
and Laureana Hidalgo, widow of Francisco Villegas, represented by her attorney, timewhentheperiodhaspassedwithinwhichitwascompetentfortheCourtof
Jesus.E.Blanco,ontheother,havingsubmittedastipulationwhereintheformer First Instance to entertain an application under section 113; and apart from the
withdrewherapplicationandthelatterreservedcertainrightsovertheestateleft requirementthattheapplicationmustbemadetotheSupremeCourtwithintwo
byFranciscoVillegasinfavorofJustinaMendietaandherminorchildren;andthe monthsafterthepetitionerfirstlearnsoftherenditionofjudgmentagainstwhich
court having approved said stipulation and declared that Francisco Villegas died reliefissought,thereisnoabsolutelimittotheperiodwithinwhichtheapplication
intestate according to said agreement, all the parties became bound by said may be made. But of course if relief from a judgment is sought by timely

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application in the Court of First Instance, and the application is there denied, no thefactsbeforeus,thisisheronlyrecourse.Butifthewillinquestionwasinfact
petitionbasedonthesamegroundwillthereafterbeentertainedintheSupreme proved as the will of a Spanish subject under section 636 of the Code of Civil
Court under section 513, as the proper remedy in that case would be to appeal Procedure, the intrinsic validity of its provisions must be determined under the
fromtheactionoftheCourtofFirstInstance. Spanishlawapplicabletothistestator.

It is manifest from this that the remedy given in section 513 can have no 69 MANAHANV.MANAHAN
applicationtotheorderofMay20,1918,legalizingthewillofJuanPonsyColl;and 58PHIL448
this is necessarily fatal to the petition before us. This consequence follows
regardlessofanyirregularitiesthatmayhaveoccurredintheCourtofFirstInstance FACTS:
inadmittingthewilltoprobateandregardlessofanyerrorwhichthatcourtmay ThenieceofthedeceasedManahanpetitionedfortheprobateofherwill.Since
havecommittedintheactiontakenupontheproofsubmittedatthehearing.Itis no opposition was entered and evidence was received, the will was probated.
not alleged that any fraud has been attempted or committed, or that the After more than a year, respondent Manahan filed a motion for reconsideration
document probated is any other than a testamentary memorial in which the and new trial but was denied. She alleged among others that she is the sister of
decedent actually gave expression to his desires with regard to the disposition of thetestatrixandthatshewasentitledtonotice,etc.
hisproperty.Butiffraudhadbeenchargedas,forinstance,ifitwereallegedthat
the purported will is forged document the remedy, if any exists, would not be HELD:
foundinaproceedingundersection513,butinanoriginalactionintheCourtof First, respondent was not entitled to notification of the probate of the will and
FirstInstance.Itthusbecomesunneccessarytoinquirewhetherthewillinquestion neitherhadshetherighttoexpectit,inasmuchasshewasnotaninterestedparty,
was in fact executed in conformity with the requirements of law either of these not having filed an opposition to the petition for the probate thereof. Her
IslandsorofSpain. allegation that she had the status of an heir, being the deceased's sister, did not
conferonhertherighttobenotifiedonthegroundthatthetestatrixdiedleavinga
Asaresultofthisdecisionitcannotbedeniedthat,withoutanyfaultonthepartof willinwhichtheappellanthasnotbeeninstitutedheir.Furthermore,notbeinga
thepetitionerorherattorneys,shehasbeendeprivednotonlyoftheopportunity forcedheir,shedidnotacquireanysuccessionalright.
of opposing the will and appealing from the order of probate but also of the
opportunityofapplyingtotheCourtofFirstInstanceforreliefundersection113. Second, the court really decreed the authentication and probate of the will in
Evenassumingthatshecouldhaveprocuredthedisallowanceofthewillbyeither question,whichistheonlypronouncementrequiredofthetrialcourtbythelawin
ofthosemethods apointuponwhichnopronouncementcanherebemade it orderthatthewillmaybeconsideredvalidanddulyexecutedinaccordancewith
is obvious that the impossibility of her thus obtaining relief was due to thelaw.Inthephraseologyoftheprocedurallaw,thereisnoessentialdifference
circumstances peculiar to this case; and the possibility of occassional hardship between the authentication of a will and the probate thereof. The words
cannotaffectthevalidityofourprocedurefortheprobateofwills. authenticationandprobatearesynonymousinthiscase.Allthelawrequiresisthat
the competent court declared that in the execution of the will the essential
Ashasbeenrepeatedlystatedinthedecisionsofthiscourt,theprobateofawill, external formalities have been complied with and that, in view thereof, the
whileconclusiveastoitsdueexecution,innowiseinvolvestheintrinsicvalidityof document,asawill,isvalidandeffectiveintheeyesofthelaw.
itsprovisions.If,therefore,uponthedistributionoftheestateofJuanPonsyColl,
itshouldappearthatanyprovisionofhiswilliscontrarytothelawapplicabletohis Lastly, once a will has been authenticated and admitted to probate, questions
case, the will must necessarily yield upon that point and the disposition made by relative to the validity thereof can no more be raised on appeal. The decree of
law must prevail. The petitioner is therefore free to appear in the Court of First probate is conclusive with respect to the due execution thereof and it cannot
Instance at the proper juncture and discuss the questions of the validity of such impugned on any of the grounds authorized by law, except that of fraud, in any
provisionsofthewillasaffectherinterestsadversely;andsofaraswecansee,on separateorindependentactionorproceedings

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Art.816.ThewillofanalienwhoisabroadproduceseffectinthePhilippinesif
madewiththeformalitiesprescribedbythelawoftheplaceinwhichheresides,
RULE77
or according to the formalities observed in his country, or in conformity with
ALLOWANCEOFWILLPROVEDOUTSIDEOFTHEPHILIPPINES
thosewhichthisCodeprescribes.(n)

Section1.WillprovedoutsidePhilippinesmaybeallowedhere.Willsprovedand Art.817.AwillmadeinthePhilippinesbyacitizenorsubjectofanothercountry,
allowed in a foreign country, according to the laws of such country, may be which is executed in accordance with the law of the country of which he is a
allowed, filed, and recorded by the proper Court of First Instance in the citizenorsubject,andwhichmightbeprovedandallowedbythelawofhisown
Philippines. country, shall have the same effect as if executed according to the laws of the
Philippines.(n)
Section2.Noticeofhearingforallowance.Whenacopyofsuchwillandofthe
orderordecreeoftheallowancethereof,bothdulyauthenticated,arefiledwith
a petition for allowance in the Philippines, by the executor or other person
interested, in the court having jurisdiction, such court shall fix a time and place
forthehearing,andcausenoticethereoftobegivenasincaseofanoriginalwill
presentedforallowance.

Section3.Whenwillallowed,andeffectthereof.Ifitappearsatthehearingthat
the will should be allowed in the Philippines, the shall so allow it, and a
certificate of its allowance, signed by the judge,andattestedby the seal ofthe
court,towhichshallbeattachedacopyofthewill,shallbefiledandrecordedby
the clerk, and the will shall have the same effect as if originally proves and
allowedinsuchcourt.

Section4.Estate,howadministered.Whenawillisthusallowed,thecourtshall
grantletterstestamentary,orlettersofadministrationwiththewillannexed,and
such letters testamentary or of administration, shall extend to all the estate of
thetestatorinthePhilippines.Suchestate,afterthepaymentofjustdebtsand
expensesofadministration,shallbedisposedofaccordingtosuchwill,sofaras
such willmay operate upon it; and the residue, ifanyshallbedisposed ofas is
providedbylawincasesofestatesinthePhilippinesbelongingtopersonswho
areinhabitantsofanotherstateorcountry.

Art.815.WhenaFilipinoisinaforeigncountry,heisauthorizedtomakeawillin
anyoftheformsestablishedbythelawofthecountryinwhichhemaybe.Such
willmaybeprobatedinthePhilippines.(n)

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HOWCANAWILLPROVEDABROADPRODUCEEFFECTINTHEPHILIPPINES? in this proceedings which is concerned only with the probate of the will and
1. Petitionforallowanceofwill testamentexecutedinthePhilippinesoroftheforeignwillallegedlyexecutedin
2. Dulyauthenticatedcopyofthewill AmoyandclaimedtohavebeenprobatedinthemunicipaldistrictcourtofAmoy,
3. Dulyauthenticatedorderordecreeoftheallowance Fookienprovince,RepublicofChina.
4. Thewillshouldbethefollowing
a. If accordance with the formalities prescribed by the law of Astothewillclaimedtohavebeenexecutedon4January1931inAmoy,China,the
placeinwhichheresides,or lawonthepointinRule78.Section1oftheruleprovides:
b. Inaccordancewithformalitiesobservedinhiscountry,or Wills proved and allowed in a foreign country, according to the laws of such
c. InaccordancewithformalitiesobservedinthePhilippines country,maybeallowed,filed,andrecordedbytheproperCourtofFirstInstance
5. In accordance to Suntay v. Suntay, it must be proved that the foreign inthePhilippines.
courtorderingtheallowanceisaprobatecourt
6. InaccordancetoFluemerv.Hix,ifthewillwasmadeinaforeigncountry, Section2provides:
itmustbeshownthatthewillwasmadeinaccordancetothelawsofthe When a copy of such will and the allowance thereof, duly authenticated, is filed
same,andnecessarily,acopyofthelaw(s)mustbeproducedorproved with a petition for allowance in the Philippines, by the executor or other person
incourt interested,inthecourthavingjurisdiction,suchcourtshallfixatimeandplacefor
7. In case there is failure to prove the laws and procedure of the foreign the hearing, and cause notice thereof to be given as in case of an original will
country,thenitispresumedtobethesamewithPhilippinelaw presentedforallowance.

70 SUNTAYV.SUNTAY Section3provides:
95PHIL500 If it appears at the hearing that the will should be allowed in the Philippines, the
courtshallsoallowit,andacertificateofitsallowance,signedbytheJudge,and
FACTS: attested by the seal of the courts, to which shall be attached a copy of the will,
SuntaywasaFilipinocitizenwhodiedinAmoy,China.Hehadpropertiesinboth shallbefiledandrecordedbytheclerk,andthewillshallhavethesameeffectasif
the Philippines and China, and was survived by his children from the first and originallyprovedandallowedinsuchcourt.
second marriages as well as by his second wife. After his death, petition for
intestateproceedingsandconsequently,forlettersforadministrationofhisestate ThefactthatthemunicipaldistrictcourtofAmoy,China,isaprobatecourtmust
wasfiledbyoneofhissonsfromhisfirstmarriageandwasdulyallowedthesame beproved.ThelawofChinaonprocedureintheprobateorallowanceofwillsmust
bythecourt.Anotherpetitionwasfiledconsequently,thistimebythewidow,for alsobeproved.ThelegalrequirementsfortheexecutionofavalidwillinChinain
the probate of the alleged will of the testator. But the probate proceeding was 1931shouldalsobeestablishedbycompetentevidence.Thereisnoproofonthese
dismissed, for the alleged loss of the will and failure to adduce evidence on its points.Moreover,itappearsthatalltheproceedingshadinthemunicipaldistrict
execution.Subsequently,thesonfromthesecondmarriagefiledamotioninthe court of Amoy were for the purpose of taking the testimony of two attesting
intestateproceedingtoadmittheallegedwillhefoundofhisfatherinChina,but witnesses to the will and that the order of the municipal district court of Amoy
wasdeniedbythecourt. does not purport to probate the will. In the absence of proof that the municipal
districtcourtofAmoyisaprobatecourtandontheChineselawofprocedurein
HELD: probate matters, it may be presumed that the proceedings in the matter of
There is no merit in the contention that the petitioner Silvino Suntay and his probating or allowing a will in the Chinese courts are the a deposition or to a
motherareestoppedfromaskingfortheprobateofthelostwilloroftheforeign perpetuation of testimony, and even if it were so it does not measure same as
willbecauseofthetransferorassignmentoftheirshareright,titleandinterestin thoseprovidedforinourlawsonthesubject.Itisaproceedingsinremandforthe
theestateforthevalidityandlegalityofsuchassignmentscannotbethreshedout validity of such proceedings personal notice or by publication or both to all

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interestedpartiesmustbemade.Theinterestedpartiesinthecasewereknownto presenceoftwocompetentwitnesses,ofthatthesewitnessessubscribedthewill
resideinthePhilippines.Theevidenceshowsthatnosuchnoticewasreceivedby inthepresenceofthetestatorandofeachotherasthelawofWestVirginiaseems
the interested parties residing in the Philippines. The proceedings had in the to require. On the supposition that the witnesses to the will reside without the
municipal district court of Amoy, China, may be likened toe or come up to the Philippine Islands, it would then the duty of the petitioner to prove execution by
standardofsuchproceedingsinthePhilippinesforlackofnoticetoallinterested someothermeans.
parties and the proceedings were held at the back of such interested parties. In
viewthereof,thewillandtheallegedprobatethereofcannotbesaidtohavebeen Itwasalsonecessaryforthepetitionertoprovethatthetestatorhadhisdomicile
done in accordance with the accepted basic and fundamental concepts and inWestVirginiaandnotestablishthisfactconsistedoftherecitalsinthewilland
principles followed in the probate and allowance of wills. Consequently, the the testimony of the petitioner. Also in beginning administration proceedings
authenticated transcript of proceedings held in the municipal district court of originallyinthePhilippines,thepetitionerviolatedhisowntheorybyattemptingto
Amoy, China, cannot be deemed and accepted as proceedings leading to the havetheprincipaladministrationinthePhilippines.
probateorallowanceofawilland,therefore,thewillreferredtothereincannotbe
allowed,filedandrecordedbyacompetentcourtofthiscountry. While the appeal pending submission in this court, petitioner presented an
unverified petition asking the court to accept as part of the evidence the
71 FLUEMERV.HIX documentsattachedtothepetition.Oneofthesedocumentsdisclosesthatapaper
54PHIL610 writing purporting to be the will was presented for probate in West Virginia, and
ordered to be recorded and filed. In this connection, it is to be noted that the
FACTS: applicationfortheprobateofthewillinthePhilippineswasfiledearlierthanthat
Edward Hix allegedly executed a will in West Virginia where he was allegedly in West Virginia. These facts are strongly indicative of an intention to make the
residing. When he died, the special administrator of his estate petitioned the Philippines the principal administration and West Virginia the ancillary
probateofthewillbutwasdeniedbythecourt.Heallegedamongothersthatthe administration. However this may be, no attempt has been made to comply with
willwasexecutedinWestVirginiaandinaccordancewiththerulesprovidedinthe Civil Procedure, for no hearing on the question of the allowance of a will said to
saidjurisdiction. have been proved and allowed in West Virginia has been requested. There is no
showingthatthedeceasedleftanypropertyatanyplaceotherthanthePhilippines
HELD: andnocontentionthatheleftanyinWestVirginia.
The laws of a foreign jurisdiction do not prove themselves in our courts. The
courtsofthePhilippineIslandsarenotauthorizedtotakeAmericanUnion.Such 72 MICIANOV.BRIMO
laws must be proved as facts. Here the requirements of the law were not met. 50PHIL867
There was no was printed or published under the authority of the State of West
Virginia, as provided in section 300 of the Code of Civil Procedure. Nor was the FACTS:
extractfromthelawattestedbythecertificateoftheofficerhavingchargeofthe The judicial administrator of Brimos estate submitted a plan of partition, which
original,underthesaleoftheStateofWestVirginia,asprovidedinsection301of was opposed by the decedents brother. He alleged that the same was in
theCodeofCivilProcedure.Noevidencewasintroducedtoshowthattheextract accordancewiththedeniedwillofhisbrother,fornotcomplyingwithlawsofhis
from the laws of West Virginia was in force at the time the alleged will was Turkishnationality.
executed.
HELD:
Inaddition,thedueexecutionofthewillwasnotestablished.Theonlyevidenceon Thebrotherisoverruled.HefailedtostatewhatTurkishlawshavebeenviolated
thispointistobefoundinthetestimonyofthepetitioner.Asidefromthis,there bythewillinquestion.Hehimselfacknowledgedthisfactwhenhedesirestobe
was nothing to indicate that the will was acknowledged by the testator in the

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giventheopportunitytoprovehispoint.Assuch,theTurkishlawsarepresumed annuitant,theresiduarylegateemayclaimtheremainder,iftherebeany.Neither
tobethesameasPhilippinelaws. the domiciliary or ancillary executor of Butler's will, nor the trustee, nor the
annuitant has disposition of any of these funds beyond the amounts and except
73 LEONANDGHEZZIV.MANUFACTURERSLIFEINSURANCE upontheconditionsagreeduponinthecontractforannuity.
90PHIL459

RULE78
FACTS:
LETTERSTESTAMENTARYANDOFADMINISTRATION,WHENANDTOWHOM
ButlerwasaformerPhilippineresidentwhodiedinthestateofNewYork.Hiswill
ISSUED
was probated and it contained a residuary clause, which provided that after
legacieshavebeendistributedandjustdebtspaid,theresidualestateshallbepaid
toMercedesdeLeoninannuity.Incompliancewiththewill,Ross(administratorin Section 1. Who are incompetent to serve as executors or administrators. No
NewYork)boughtanannuityinherfavorwiththeinsurancecompany.Mercedes, personincompetenttoserveasexecutororadministratorwho:
probably wanting to take the money in whole, filed a petition for probate of the (a)Isaminor;
samewillwiththeManilacourt.Sheprayedthatthecourtorderedtheinsurance (b)IsnotaresidentofthePhilippines;and
companybringforththemoneydueallegedlytoher. (c)Isintheopinionofthecourtunfittoexecutethedutiesofthetrustbyreason
of drunkenness, improvidence, or want of understanding or integrity, or by
HELD: reasonofconvictionofanoffenseinvolvingmoralturpitude.
TheimportantthingtoinquireintoistheManilacourt'sauthoritywithrespectto
the assets herein involved. The general rule universally recognized is that WHO DETERMINES WHETHER A PERSON IS UNFIT TO BE AN
administrationextendsonlytotheassetsofadecedentfoundwithinthestateor ADMINISTRATOR/EXECUTOR?
countrywhereitwasgranted,sothatanadministratorappointedinonestateor Thecourthasthediscretiontodecidewhetheroneisunfitornot
countryhasnopoweroverpropertyinanotherstateorcountry.
CANTHECOURTNOTAPPOINTTHENAMEDEXECUTORINTHEWILL?
Itismanifestfromthefactsbeforesetoutthatthefundsinquestionareoutside Yesiftheexecutorfailstocomplywithhisdutiesasanexecutor
thejurisdictionoftheprobatecourtofManila.Havingbeeninvestedinanannuity
in Canada under a contract executed in the country, Canada is the suits of the
money.Thepartywhoseappearancetheappellantseeksisonlyabranchoragency EXECUTOR ADMINISTRATOR
ofthecompanywhichholdsthefundsinitspossession,theagency'sintervention
beinglimitedtodeliveringtotheannuitantthechecksmadeoutandissuedfrom Person named in the will to administer the Personappointedbythecourttoadminister
the home office. There is no showing or allegation that the funds have been decedents estate and carry out the the estate where the decedent died
provisionsthereof intestateorwherethewillwasvoidandnot
transferredorremovedtotheManilaBranch.
allowed to probate, or where no executor
wasnamedinthewill,ortheexecutorwas
EvenifthemoneywereinthehandsoftheManilaBranch,yetitnolongerforms named in the will, or the executor named
part of Butler's estate and is beyond the control of the court. It has passed therein is incompetent or refuses to serve
completelyintothehandsofthecompanyinvirtueofacontractdulyauthorized assuch
andvalidlyexecuted.Whetherconsideredasatrustorassimpleconsiderationfor
the company's assumed obligation, which it has been religiously performing, of Section 2. Executor of executor not to administer estate. The executor of an
payingperiodicalallowancestotheannuitant,theproceedsofthesalecannotbe executorshallnot,assuch,administertheestateofthefirsttestator.
withdrawn without the consent of the company, except, upon the death of the

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Section3.Marriedwomenmayserve.Amarriedwomanmayserveasexecutrix 3. Wheretheestateislarge,orfromanycause,anintricateandperplexing
or administratrix, and the marriage of a single woman shall not affect her onetosettle
authoritysotoserveunderapreviousappointment. 4. Tohaveallinterestedpartiessatisfiedandtherepresentationtoworkin
harmonyforthebestinterestsoftheestate
Section4.Letterstestamentaryissuedwhenwillallowed.Whenawillhasbeen 5. When a person is entitled to the administration of an estate desires
proved and allowed, the court shall issue letters testamentary thereon to the anothercompetentassociatedwithhiminoffice
personnamedasexecutortherein,ifheiscompetent,acceptsthetrust,andgives
bondasrequiredbytheserules. 74 GUERREROV.TERAN
13PHIL212
Section5.Wheresomecoexecutorsdisqualifiedothersmayact.Whenallofthe
executorsnamedinawillcannotactbecauseofincompetency,refusaltoaccept FACTS:
the trust, or failure to give bond, on the part of one or more of them, letters TeranwaspreliminarilytheadministratoroftheestateofAntonioMunoz.Heonly
testamentarymayissuetosuchofthemasarecompetent,acceptandgivebond, servedasadministratoroftheestateforaperiodandwassubsequentlychanged
andtheymayperformthedutiesanddischargethetrustrequiredbythewill. whenMariaMunozwasappointedasguardianofthepropertiesoftheheirsinthe
estateofAntonio.Mariawashoweverchangedasguardian/administratorwhenit
Section6.Whenandtowhomlettersofadministrationgranted.Ifnoexecutoris wasshownshewasntaresidentofthePhilippines.Subsequently,Guerrerofileda
namedinthewill,ortheexecutororexecutorsareincompetent,refusethetrust, case against Teran for differences in account of the properties of the wards the
orfailtogivebond,orapersondiesintestate,administrationshallbegranted: former represents. Teran counterclaimed that it was the other way around
Guerrero was the one who owed him. The trial court held that Teran was
(a)Tothesurvivinghusbandorwife,asthecasemaybe,ornextofkin,orboth, accountableforannamountofmoney.
inthediscretionofthecourt,ortosuchpersonassuchsurvivinghusbandorwife,
ornextofkin,requeststohaveappointed,ifcompetentandwillingtoserve; HELD:
The administrators of an estate belonging to minors is liable to them for the
(b) If such surviving husband or wife, as the case may be, or next of kin, or the management of their interests therein from the time of his acceptance of the
person selected by them, be incompetent or unwilling, or if the husband or appointment until his removal or release. If such administrator has in the
widow,ornextofkin,neglectsforthirty(30)daysafterthedeathoftheperson meantime, permitted other persons to intervene in the management, the
toapplyforadministrationortorequestthatadministrationbegrantedtosome responsibilityfortheiractsfallsuponhim.Theadministratorhowevermayhavea
otherperson,itmaybegrantedtooneormoreoftheprincipalcreditors,ifmay rightofactionagainstsuchpersonsforanylossoccasionedbytheirnegligenceor
begrantedtooneormoreoftheprincipalcreditors,ifcompetentandwillingto corruption.Inthecaseatbar,Teranwouldbeheldliableforaccountsduringthe
serve; periodhewastheadministrator of the estate. Therecordsfailed to adducethat
losseswereincurredduringthesaidperiod.However,Teranacknowledgesthathe
(c)Ifthereisnosuchcreditorcompetentandwillingtoserve,itmaybegranted owedaminimalamountofmoneytoGuerrero.
tosuchotherpersonasthecourtmayselect.
WithrespecttotheissueoftheremovalofMunozasadministratorbyvirtueofher
ATWHATINSTANCESMAYCOADMINISTRATORSBEAPPOINTEDBYTHECOURT? nonresidencestatus,thereisnothinginlawwhichrequiresthecourtstoappoint
1. To have the benefit of judgment and perhaps, at all times, to have residents only as administrators or executors. However, notwithstanding lack of
differentinterestsrepresented statutoryrequirements,thecourtswillfinddifficultyinsafeguardingtheinterests
2. Where justice and equity demand that opposing parties or factions be of the wards by appointing administrators and guardians who are not personally
representedinthemanagementoftheestate subjecttotheirjurisdiction.

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HELD:
75 SIOCANAVASV.GARCIA Thereasonsadvancedbytheappellantsdonotseemtocarrysufficientweightto
44PHIL711 warrant the reversal of the appealed orders. When the retired bishop Monsignor
Juan Bautista Perfecto Gorordo chose Father Emiliano Mercado as executor and
FACTS: administrator of his estate after his death, he must have had good and sufficient
Siocaisthewidowofthedecedent.Shequestionedthecourtfornotappointing reasonstherefore,andhiswillmustberespected.Theevidenceshowsthatwhen
herasadministratorofherlatehusbandsestatebutinstead,appointedanother. the deceased bishop made his will naming said priest in preference to anybody
else, he was in the full enjoyment of his intellectual faculties. Under the
HELD: circumstances,itisnotonlyjustbutalsorighttofullycomplywithhislastwill;and
It is well settled that a probate court cannot arbitrarily and without sufficient thisispreciselywhatthelowercourtdidinconfirmingtheappointmentofFather
reason disregard the preferential rights of the surviving spouse to the Mercado as executor herein. As a matter of fact, section 641 of Act No. 190
administration of the estate of the deceased spouse. But, if the person enjoying providesthatwhenawillhasbeenprobedandallowed,thecourtisboundtoissue
suchpreferentialrightsisunsuitable,thecourtmayappointanotherperson.The letterstestamentarythereontothepersonnamedasexecutorthereinprovidedhe
determination of a person's suitability for the office of administrator rests, to a accepts the trust and gives the bond as required by law, which Father Emiliano
great extent, in the sound judgment of the court exercising the power of Mercado certainly did willingly before assuming his trust. While it is true, as the
appointment and such judgment will not be interfered with on appeal unless it appellantscontend,thatthisprovisionofthelawshouldnotbestrictlyinterpreted
appearsaffirmativelythatthecourtbelowwasinerror. becausethecourtwouldbedeprivedofitspowernottoappoint,incertaincases,
onewhoisunworthyofthetrust,notwithstandingthefactthathewasnamedas
Inthepresentcasethecourtbaseditsrulingonthefactthatitappearedfromthe suchbythetestator(sec.653,ActNo.190);itisalsotruethatinordertodothis,
record in Civil Case No. 1041 of the same court, that the appellant had adverse the unworthiness, incapacity, ineptitude and unfitness of such person must be
interest in the estate of such a character as to render him unsuitable as manifestandrealandnotmerelyimaginary.
administrator. Unsuitableness may consist in adverse interest of some kind or
hostilitytothoseimmediatelyinterestedintheestate.(18Cyc.,93,94.)Thecourt 77 OZAETAV.PECSON
below therefore stated facts which may constitute sufficient grounds for setting 93PHIL416
asidetheappellant'spreferentialrightsandwhich,intheabsenceofprooftothe
contrary,mustbepresumedsufficient. FACTS:
CarlosPalancawasabletoleaveawillbeforehedied.HenamedthereinOzaetaas
76 MERCADOV.VDA.DEJAEN executorofthewillincaseofunavailabilityofGeneralRoxas.WhenPalancadied,
64PHIL75 Roxas died after and Ozaeta was prompted to file a petition for the probate of
Palancaswill,withtheprayerofbeingappointedasaspecialadministrator.The
FACTS: heirs opposed the appointment. The bank previously appointed as administrator
MonsignorGorordoleftawillwhenhedied.Inthesaidwill,heinstitutedhissister resignedongroundsofconflictofinterest.
assoleheirandincaseofherdeath,hisnieces.HelikewiseinstitutedMercadoas
theexecutoroftheestateandinhisabsence,Espina.Mercadowasdulyappointed HELD:
as executor and the heirs opposed this on several grounds. They alleged that It should be noted at the outset that Rule 81 of the Rules of Court, under the
Mercadowasunfitandincapableoffurtheringhisdutiesasexecutor.Itisalleged provisions of which the order appealed from was made, grants discretion to the
thathewouldbebiasasalegacywasprovidedforhisparish.Themotionofthe probatecourttoappointornottoappointaspecialadministrator.Itissilentasto
heirswasdeniedbythecourt. thepersonthatmaybeappointedasspecialadministrator,unlikesection6ofRule
79, which expressly gives the order of preference of the persons that may be

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appointedregularadministrator.Theappointmentofspecialadministratorsisnot
governed by the rules regarding the appointment of regular administrators. 78 DEGUZMANV.LIMCOLIOC
However,thatwhilethechoiceofthepersonlieswithinthecourt'sdiscretion,such 68PHIL673
discretion should not be a whimsical one, but one that is reasonable and logical
andinaccordwithfundamentallegalprinciplesandjustice.Thefactthatajudgeis FACTS:
granted discretion does not authorize him to become partial, or to make his Limcolioc opposed the appointment of Apolinario de Guzman as coadministrator
personallikesanddislikesprevailover,orhispassionstorule,hisjudgment.Such of the estate of the deceased. It turns out that Apolinario is the brother of the
discretion must be based on reason and legal principle, and it must be exercised present administrator, Nicolasa. The estate is that of their fathers and is
within the limits thereof. And there is no reason why the same fundamental and composedofmanyfisheriesandotherproperties.
legalprinciplesgoverningthechoiceofaregularadministratorshouldnotbetaken
intoaccountintheappointmentofthespecialadministrator. HELD:
Asheldinthecaseinvolvingthesameparties,theprincipalconsiderationreckoned
The choice of his executor is a precious prerogative of a testator, a necessary withintheappointmentoftheadministratoroftheestateofadeceasedpersonis
concomitant of his right to dispose of his property in the manner he wishes. It is theinterestinsaidestateoftheonebeappointedassuchadministrator.Thisisthe
naturalthatthetestatorshoulddesiretoappointoneofhisconfidence,onewho sameconsiderationwhichthelawtakesintoaccountinestablishingthepreference
canbetrustedtocarryouthiswishesinthedisposaloftheestate.Thecurtailment of the widow to administer the estate of her husband, upon the latter's death,
ofthisrightmaybeconsideredasacurtailmentoftherighttodispose.Andasthe because she is supposed to have an interest therein as a partner in the conjugal
rights granted by will take effect from the time of death, the management of his partnership. But this preference established by law is not absolute, if there are
estate by the administrator of his choice should be made as soon as practicable, other reasons justifying the appointment of an administrator other than the
whennoreasonableobjectiontohisassumptionofthetrustcanbeinterposedany surviving spouse. If the interest in the estate is what principally determines the
longer. It has been held that when a will has been admitted to probate, it is the preference in the appointment of an administrator of the estate of a deceased
duty of the court to issue letters testamentary to the person named as executor person, and if, under the circumstances of each case, it develops that there is
uponhisapplication.Itisthetestatorthatappointshisexecutor,asthequestion anotherwhohasmoreinterestthereinthanthesurvivingspouse,thepreference
as to his peculiar fitness for such a position or his want of ability to manage the establishedinthelatter'sfavorfallstotheground.
estatecannotbeaddressedtothediscretionofthecountyjudge.
Thesamereasonsareapplicabletothecaseunderconsideration,inasmuchasthe
Inthecaseatbar,thewillhasalreadybeenadmittedtoprobate,andrespondent appointed coadministrator, Apolinario de Guzman as brother of Nicolasa de
judgehimselfhasexpresslyappointedpetitionerasadministrator.Theonlyreason Guzmanwhomthelatterneedstohelpherintheadministrationoftheproperties
orground,therefore,forsuspendinghisappointment,andfortheappointmentof left by their deceased father, many of which consist in fisheries situated in the
aspecialadministrator,whoisnotthepetitionerhimself,isaverytechnicalone.It provinces is as interested as his sister in that said properties be duly
also appears that the Philippine Trust Company, which had acted as special administeredandconservedforthebenefitoftheheirs.ItistruethatApolinariode
administratorforaperiodofonlyafewmonths,hassubmittedabillforP90,000. Guzman's father, Proceso de Guzman, in life, filed a complaint against his son on
This would cut deep into the income of the estate, and if the new special thegroundthatthelatter,asadministratorofhisfather'sestate,misappropriated
administratorappointedbytherespondentjudgetakesoffice,itisnotimprobable cash,butsaidcomplaintwasdismissedattheinstanceofthefatherhimself.Inthe
that the estate may again be subjected to the same expensive cost of presentcase,asidefromthefactthatApolinariodeGuzman,ascoadministrator,
administration.Underthesecircumstances,itwouldseemunreasonabletorefuse will administer properties in which he has a greater share than that of the
toappointthepetitionerasspecialadministrator.Todosowouldbedelayingthe oppositor,thechildlesswidowofthedeceasedbyasecondmarriage,andwillact
fulfillment of the wishes of the testator and subjecting the estate to unnecessary merely as a helper of his sister, there is no ground to believe that he would
expense.// squandersaidpropertiesandtheproductsthereof.

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each other. Nonetheless, but mere disagreements without misconduct doesnt


79 GONZALESV.AGUINALDO justifyremoval.
190SCRA112

RULE79
FACTS:
OPPOSINGISSUANCEOFLETTERSTESTAMENTARY.PETITIONANDCONTESTFOR
In the estate proceedings of Ramona Gonzales, two of her four children were
LETTERSOFADMINISTRATION
appointed as coadministratix. While one was in the US to accompany her sick
husband to treatment, the other filed a motion in court for her removal. It was
alleged that there is conflict between the two coadministratrices as well as Section 1. Opposition to issuance of letters testamentary. Simultaneous petition
continuedmisunderstandings.Withoutreallyhearingthesideoftheadministratrix for administration. Any person interested in a will may state in writing the
soughttoberemoved,thecourtissuedanorderforherremoval. groundswhyletterstestamentaryshouldnotissuetothepersonsnamedtherein
asexecutors,oranyofthem,andthecourt,afterhearinguponnotice,shallpass
HELD: upon the sufficiency of such grounds. A petition may, at the time, be filed for
In the appointment of the administrator of the estate of a deceased person, the lettersofadministrationwiththewillannexed.
principalconsiderationreckonedwithistheinterestinsaidestateoftheonetobe
appointedasadministrator.ThisisthesameconsiderationwhichSection6ofRule Section2.Contentsofpetitionforlettersofadministration.Apetitionforletters
78takesintoaccountinestablishingtheorderofpreferenceintheappointmentof ofadministrationmustbefiledbyaninterestedpersonandmustshow,sofaras
administrators for the estate. The underlying assumption behind this rule is that knowntothepetitioner:
thosewhowillreapthebenefitofawise,speedy,economicaladministrationofthe (a)Thejurisdictionalfacts;
estate,or,ontheotherhand,suffertheconsequences ofwaste,improvidenceor (b)Thenames,ages,andresidencesoftheheirs,andthenamesandresidences
mismanagement, have the highest interest and most influential motive to ofthecreditors,ofthedecedent;

administertheestatecorrectly. (c)Theprobablevalueandcharacterofthepropertyoftheestate;
(d)Thenameofthepersonforwhomlettersofadministrationareprayed.
Administratorshavesuchaninterestintheexecutionoftheirtrustasentitlethem But no defect in the petition shall render void the issuance of letters of
toprotectionfromremovalwithoutjustcause.Hence,Section2ofRule82ofthe administration.
Rules of Court provides the legal and specific causes authorizing the court to

removeanadministrator. Section 3. Court to set time for hearing. Notice thereof. When a petition for
lettersofadministrationisfiledinthecourthavingjurisdiction,suchcourtshall
Whileitisconcededthatthecourtisinvestedwithamplediscretionintheremoval fixatimeandplaceforhearingthepetition,andshallcausenoticethereoftobe
of an administrator, it however must have some fact legally before it in order to giventotheknownheirsandcreditorsofthedecedent,andtoanyotherpersons
justifyaremoval.Theremustbeevidenceofanactoromissiononthepartofthe believedtohaveaninterestintheestate,inthemannerprovidedinsections3
administratornotconformabletoorindisregardoftherulesortheordersofthe and4ofRule76.
court, which it deems sufficient or substantial to warrant the removal of the
administrator. In making such a determination, the court must exercise good Section4.Oppositiontopetitionforadministration.Anyinterestedpersonmay,
judgment,guidedbylawandprecedents. by filing a written opposition, contest the petition on the ground of the
incompetency of the person for whom letters are prayed therein, or on the
Inthepresentcase,thecourtreliednotonthefactsallegedbythemotionsfiledby ground of the contestant's own right to the administration, and may pray that
the parties but on the alleged conflicts and misunderstandings between the co letters issue to himself, or to any competent person or person named in the
administrators. Yes, coadministrators must have harmonious relationships with opposition.

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Philippine Islands is an ancillary administration subsidiary to the domiciliary


Section5.Hearingandorderforletterstoissue.Atthehearingofthepetition,it administration,conformabletotheprovisionsofsections601,602,and603ofthe
must first be shown that notice has been given as hereinabove required, and CodeofCivilProcedure.Thepropercourseofprocedurewouldbefortheancillary
thereafter the court shall hear the proofs of the parties in support of their administrator to pay the claims of creditors, if there be any, settle the accounts,
respectiveallegations,andifsatisfiedthatthedecedentleftnowill,orthatthere and remit the surplus to the domiciliary jurisdiction, for distribution among the
is no competent and willing executor, it shall order the issuance of letters of nextofkin.Suchadministrationappearstoberequiredinthisjurisdictionsincethe
administrationtothepartybestentitledthereto. provisions of section 596 of the Code of Civil Procedure, which permit of the
settlementofcertainestateswithoutlegalproceedings,havenotbeenmet.
Section 6. When letters of administration granted to any applicant. Letters of
administrationmaybegrantedtoanyqualifiedapplicant,thoughitappearsthat 81 GUTIERREZDEOCAMPOV.CALDERON
there are other competent persons having better right to the administration, if 59PHIL631
such persons fail to appear when notified and claim the issuance of letters to
themselves. FACTS:
The decedent was a bachelor and left no ascendants. He was survived by his
80 JOHANNESV.HARVEY brotherandsister,aswellashisillegitimatechildren.Therebeingnoforcedheirs,
43PHIL175 he instituted his illegitimate children as his beneficiaries upon his death. His
brotherandsisteropposedthis.
FACTS:
Carmen died while residing in Singapore. She was survived by her husband and HELD:
brothersandsisters.EstateproceedingswereheldinSingapore.Herhusbandwas Asstatedabovetheappellantsinthiscasearenotforcedheirsofthedeceasedand
appointed as the administrator. Thereafter, estate proceedings was instituted by thereforehavenorighttoanypartofthepropertyleftbythetestator,oncehehad
oneofthedeceasedsbrotherinthePhilippines.Thehusbandopposedthis. disposed of the same by will. If any of them were forced heirs they would be
entitled to intervene in this case and protect their interest in so far as they may
HELD: have been prejudiced by the will. It is evident therefore that they have not been
It is often necessary to have more than one administration of an estate. When a injured or prejudiced in any manner whatsoever. Only forced heirs whose rights
persondiesintestateowningpropertyinthecountryofhisdomicileaswellasina havebeenprejudicedhavearighttointerveneinacaseofthischaracter.
foreign country, administration is had in both countries. That which is granted in
the jurisdiction of decedent's last domicile is termed the principal administration, 82 TRILLANAV.CRISOSTOMO
while any other administration is termed the ancillary administration. The reason 89PHIL710
forthelatterisbecauseagrantofadministrationdoesnotexpropriovigorehave
any effect beyond the limits of the country in which it is granted. Hence, an FACTS:
administrator appointed in a foreign state has no authority in the United States. Crisostomoandothersappealedthedenialoftheirpetitionforreliefofjudgment
Theancillaryadministrationisproper,wheneverapersondies,leavinginacountry oftheprobateofthewillofthedeceased.Theyallegedthatthejudgmentallowing
other than that of his las domicile, property to be administered in the nature of the probate of the later will was procured by fraud, that the court erred when it
assetsofthedecedent,liableforhisindividualdebtsortobedistributedamonghis didntsetadateforprovingtheprobateoftheAugust1948willandthefailureto
heirs. provewasduetothecourtsownfaultandnegligence.

The principal administration in this instance is that at the domicile of the late HELD:
CarmenTheodoraJohannesinSingapore,StraitsSettlements.Whatissoughtinthe

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The petitionersappellants having failed to show that the judgment of the lower thenfiledamotiontotransferthespecialproceedingsinthesamebranchwherea
courtofJanuary5,1948,probatingthewilloftestatrixofOctober19,wasobtained caseforthenullityofdeedofassignmentwasfiled.Thismotionwasdenied.Adela
throughfraud,thelowercourtdidnotcommitanyerrorindenyingtheappellant's then sought that the administrator be ordered to furnish her all records of the
petitionforreliefundersec.2,Rule38oftheRulesofCourt,andthereforeitisnot proceedings. The administrator opposed this on the ground of the earlier filed
necessaryforustodiscussandpassupontheotherpropositionsoftheappellant. manifestation.Thecourtorderedinfavoroftheadministrator.

Besides, even assuming without deciding, that under sec. 3 of Rule 77, the court HELD:
shallsetasideadateforprovingawillevenwithoutpetitionwhenitisdeliveredto It cannot be successfully denied that Adela Santos Gutierrez is an indispensable
the,courthavingjurisdiction,ascontendedbytheappellants,thelowercourtwas partytotheproceedingsinquestion.Herinterestintheestateisnotinchoate,it
rightinnotsettingadateforprovingthewillofAugust16,1948,becausethiswill was established at the time of death of Irene Santos. While it is true that she
wasexpresslyandabsolutelyrevokedbythewillofOctober19,1948,executedby executed a deed of assignment, it is also a fact that she asked the same to be
the same executrix or deceased, which was filed for allowance on November 1, annulled, which action is now pending. Although Adela had filed a manifestation
1948, with the same court. According to the attorneys for the appellant, the will dropping herself from the proceedings and presenting therewith the supposed
datedAugust16,1948,wassenttogetherwithawritingcalled"Manifestation"by DeedofAssignment,therecord,neverthelessfailstoshowthatactionthereonhad
registeredmailonOctober30,1948,fromManilatotheCourtofFirstInstanceof been taken by the probate Court. Every act intended to put an end to indivision
Bulacan,byAttorneyMr.TomasV.Barnes,andsaidwillmusthavebeenreceived among coheirs and legatees or devisees is deemed to be a partition, although it
by the Clerk of Said Court on or after November 1, 1948, the date when the shouldpurporttobeasale,anexchange,acompromise,oranyothertransaction
subsequentwillofOctober19,wasfiledforprobate.Itstandstoreasonthatiftwo (Art. 1082, NCC). No serious argument can be offered to deny the coheirship of
willsarepresentedforallowancebutoneofthemrevokedwillcannotbeincluded appelleeintheestateunderprobate.Itappearing(ifWeassumethedueexecution
intheprobateofthelattersubsequentwill,becauseitwouldbeawasteoftimeto of the Deed of Assignment), that the transaction is in the nature of extrajudicial
allowtherevokedwillifthesubsequentrevokingwillisallowed.Therevokedwill partition,courtapprovalisimperative,andtheheirscannotjustdivestthecourtof
maybeprobatedandallowedonlyifthesubsequentrevokingwillisdisallowed. its jurisdiction over the estate and over their persons, by the mere act of
assignmentanddesistance.
83 GUTIERREZV.VILLEGAS
5SCRA313 The motion in question is not one of intervention, but solely a plea to enforce a
rightandthatistoreceivepleadingsandordersrelatedtothecase.Evidently,the
FACTS: use of the word "intervention" in the manifestation and pleadings presented by
IreneSantosdiedandwassurvivedbyherhusbandandtwonieces,daughtersof Adela was resorted to for want of another appropriate word. In effect, all she
her deceased brother. Her husband filed a petition for the issuance of letters of wanted to convey was that she should participate or continue taking part in the
administration, naming himself and the two nieces as the surviving heirs of the case for being an original party therein. It was her belief that in filing the
decedent. He was later named by the court as administrator. Thereafter, an manifestationdroppingherselffromtheproceedings(butwhichshelaterinformed
unverifiedmanifestationwasfiledbyAdelaGutierrez,oneofthenieces,incourt, thecourttohavebeensecuredthrufraud),herstandingmighthavebeenaffected.
attestingtoadeedofassignmentconveyingallherinterestinparticipatinginthe Intervention as contemplated by the Rules is a proceeding in a suit or action by
proceedings to her sister. On a later date however, another manifestation was which a third person is permitted by the court to make himself a party, either
filedbyAdela,allegingthatthedeedofassignmentmentionedintheearlierfiled joining plaintiff in claiming what is sought by the complaint, or uniting with
manifestationwasprocuredbytheadministratorbyfraudandthatshesignedthe defendantinresistingtheclaimsofplaintiff,ordemandingsomethingadverselyto
samebymistake.Sheallegedthatshewasmisledbythehusbandinsigningsaid bothofthem;theactorproceedingbywhichathirdpersonbecomesapartyina
manifestation in exchange for money loaned to her by her sister, and that she suitpendingbetweenothers;theadmission,byleaveofcourt,ofapersonnotan
continuously seeks to participate in the intestate proceedings of her aunt. She original party to pending legal proceedings, which such person becomes a party

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theretofortheprotectionofsomerightorinterestallegedbyhimtobeaffectedby deemedapartitionasbetweentheassignorandassignee,thesamedoesnotneed
suchproceedings.TheaforementionedcircumstancesdonotfitAdelaasshewas courtapprovaltobeeffective asbetweentheparties.Anextrajudicialpartitionis
notathirdpartytotheproceedingsbutrather,anoriginalpartytherein. valid as between the participants even if the requisites of Sec. 1, Rule 74 for
extrajudicial partition are not followed, since said requisites are for purposes of
84 DURANV.DURAN bindingcreditorsandnonparticipatingheirsonly.
20SCRA379

RULE80
FACTS:
SPECIALADMINISTRATOR
Pio Duran died intestate and was survived by his surviving spouse Josephine, his
brothersandsisters,togetherwithhisnephewsandnieces.Attheonset,oneof
his brothers, Cipriano, for a consideration, signed a deed of conveyance, Section1.Appointmentofspecialadministrator.Whenthereisdelayingranting
bequeathingallishisinterestintheestateofhisdeceasedbrother.After,hefiled letterstestamentaryorofadministrationbyanycauseincludinganappealfrom
apetitionforthelettersofadministrationofhisbrothersestate,andforhimtobe the allowance or disallowance of a will, the court may appoint a special
named as the administrator. The widow opposed this on the ground of lack of administratortotakepossessionandchargeof the estateof the deceased until
interestintheestatebyvirtueofthedeedofconveyancesignedbyCipriano.The the questions causing the delay are decided and executors or administrators
courtruledinfavoroftheoppositionanddismissedthepetition. appointed.

HELD: Section2.Powersanddutiesofspecialadminsitrator.Suchspecialadministrator
TheRulesofCourtprovidesthatapetitionforadministrationandsettlementofan shalltakepossessionandchargeofthegoods,chattels,rights,credits,andestate
estatemustbefiledbyan"interestedperson"(See.2,Rule79).Appellantscontend of the deceased and preserve the same for the executors or administrator
thatthedeedofassignmentexecutedbyCiprianodidnotoperatetorenderhima afterwardsappointed,andforthatpurposemaycommenceandmaintainsuitsas
personwithoutinterestintheestate.RelyingonInreIreneSantos,L11848,May administrator.Hemaysellonlysuchperishableandotherpropertyasthecourt
31,1962,theyarguethatanassignmentbyoneheirofhisshareintheestatetoa orders sold. A special administrator shall not be liable to pay any debts of the
coheir amounts to a partition needing approval by the settlement court to be deceasedunlesssoorderedbythecourt.
effective;andthattheassigningheirdoesnotlosehisstatusasapersoninterested
intheestate,evenaftersaidassignmentisapprovedbythecourt. Section 3. When powers of special administrator cease. Transfer of effects.
Pendingsuits.Whenletterstestamentaryorofadministrationaregrantedonthe
ThesituationintheSantoscaseinvolvesanassignmentbetweencoheirspendente estateofthedeceased,thepowersofthespecialadministratorshallcease,and
lite,duringthecourseofsettlementproceedings,properlyandvalidlycommenced. he shall forthwith deliver to the executor or administrator the goods, chattels,
At the time of said assignment, therefore, the settlement court had already money, and estate of the deceased in his hands. The executor or administrator
acquired jurisdiction over the properties of estate. As a result, any assignment mayprosecutetofinaljudgmentsuitscommencedbysuchspecialadministrator.
regardingthesamehadtobeapprovedbysaidcourt.Andsincetheapprovalthe
court is not deemed final until the estate is closed the assigning heir remains an 85 DEGUZMANV.ANGELES
interestedpersoninproceedingsevenaftersaidapproval,whichcanbevacatedis 162SCRA347
given.
FACTS:
In the present case, however, the assignment took place when no settlement ElainedeGuzmanfiledapetitionfortheintestateproceedingsofherlatehusband.
proceedingwaspending.Thepropertiessubjectmatteroftheassignmentwasnot After,shefiledamotionfortheissuanceofwritofpossessionofvehiclesallegedly
underthejurisdictionofasettlementcourt.Allowingthattheassignmentmustbe ownedbytheconjugalpartnership which were currently in the possessionof the

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petitioner,herfatherinlaw.Shefollowedthisupbyfilinganexpartemotionfor motions of the private respondent to be appointed as special administratrix, to


the appointment as special administrator of the estate of her late husband. The issue a writ of possession of alleged properties of the deceased person in the
court ordered notice to be made to all interested parties but no notice was ever widow's favor, and to grant her motion for assistance to preserve the estate of
received by the petitioner. The court then appointed Elaine as special ManolitodeGuzman.
administratrix. Another order was issued by the court for the taking into
possessionofthevehiclesinpetitionerspossession.Thisorderhaddifficultybeing 86 GARCIAFULEV.CA
executed. Petitioner moved for the reconsideration of the courts orders on the Supra
groundthatithadnotacquiredjurisdictionduetolackofpublicationandnotice,as
requiredbytherules. HELD:

HELD: 87 ROXASV.PECSON
In the instant case, there is no doubt that the respondent court acquired 82PHIL407
jurisdictionovertheproceedingsuponthefilingofapetitionforthesettlementof
anintestateestatebytheprivaterespondentsincethepetitionhadallegedallthe FACTS:
jurisdictional facts, the residence of the deceased person, the possible heirs and Pablo Roxas was survived by his widow, adulterous child, and brother and sister.
creditors and the probable value of the estate of the deceased Manolito de The siblings instituted intestate proceedings, praying that Maria be appointed as
GuzmanpursuanttoSection2,Rule79oftheRevisedRulesofCourt. special administratrix. This proceeding was however dismissed at the instance of
the filing of petition by the widow for the probate of her husbands alleged will.
Differentiation must be made however between the jurisdiction of the probate Correspondingly to this was the prayer to be appointed as the special
courtovertheproceedingsfortheadministrationofanestateanditsjurisdiction administratrix. The probate was consequently denied for the failure of the
over the persons who are interested in the settlement of the estate of the witnesses to sign in the presence of the testator. However, the widow was still
deceased person. The court may also have jurisdiction over the "estate" of the appointed as administratrix. This was appealed by the siblings who wanted
deceased person but the determination of the properties comprising that estate themselvestobeadministrators.Thecourtsubsequentlyorderedthewidowtobe
must follow established rules. The probate court must cause notice through specialadministratrixwithrespecttoconjugalpropertiesandthesisterasspecial
publicationofthepetitionafteritreceivesthesame.Thepurposeofthisnoticeis administratrixwithrespecttothecapitalpropertiesofthedeceased.
to bring all the interested persons within the court's jurisdiction so that the
judgmentthereinbecomesbindingonalltheworld.Wherenonoticeasrequired HELD:
by Section 3, Rule 79 of the Rules of Court has been given to persons believed to There is nothing wrong in that the respondent judge, in exercising his discretion
have an interest in the estate of the deceased person; the proceeding for the and appointing the petitioner as special administratrix, had taken into
settlement of the estate is void and should be annulled. The requirement as to considerationthebeneficialinterestofthepetitionerintheestateofthedecedent
notice is essential to the validity of the proceeding in that no person may be and her being designated in the will as executrix thereof. But the respondent's
deprivedofhisrighttopropertywithoutdueprocessoflaw. subsequent act of appointing her as special administratrix only of the conjugal or
community property, and Maria Roxas as special administratrix of the capital or
Verily,noticethroughpublicationofthepetitionforthesettlementoftheestateof exclusivepropertyofthedecedent,doesnotseemtobeinconformitywithlogicor
a deceased person is jurisdictional, the absence of which makes court orders reason.Thepetitionerhasorclaimstohavethesamebeneficialinterestafterthe
affectingotherpersons,subsequenttothepetitionvoidandsubjecttoannulment. decisionofthecourtdisapprovingthewill,whichisnowpendingonappeal,asshe
had prior to it, because the decision is not yet final and may be reversed by the
In the instant case, no notice as mandated by section 3, Rule 79 of the Revised appellatecourt.
RulesofCourtwascausedtobegivenbytheprobatecourtbeforeitactedonthe

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Besides,evenifthewillisnotprobated,thewidowinthepresentcasewouldhave, and preserve the same for the executor or administrator afterwards appointed,
underthelaw,therightofusufructoveronehalfoftheexclusivepropertyofthe andforthatpurposemaycommenceandmaintainsuitsasadministrator,andmay
decedent, besides her share in the conjugal partnership. The beneficial interest sell such perishable and other property as the court orders sold. A special
required as a qualification for appointment as administrator of the estate of a administratorshallnotbeliabletopayanydebtsofthedeceased."
decedentistheinterestinthewholeestateandnotonlyinsomepartthereof.The
petitioner being entitled to onehalf in usufruct of all the exclusive properties of Inviewofalltheforegoing,weholdthatthecourtbelowhasnopowertoappoint
the decedent, she would have as much if not more interest in administering the twospecialadministraticesoftheestateofadeceasedhusbandorwife,oneofthe
entireestatecorrectly,inordertoreapthebenefitofawise,speedy,economical community property and another of the exclusive property of the decedent, and
administration of the state, and not suffer the consequences of the waste, therefore the respondent judge acted in excess of the court's jurisdiction in
improvidence or mismanagement thereof. The good or bad administration of the renderingorissuingtheordercomplainedof,andthereforesaidorderisherebyset
propertymayaffectratherthefruitsthanthenakedownershipofaproperty. aside,withcostsagainsttherespondents.

Thereisabsolutelynoreasonforappointingtwoseparateadministrators,specially 88 PIJUANV.VDA.DEGURREA
iftheestatetobesettledisthatofadeceasedhusbandasinthepresentcase,for 18SCRA898
according to articles 1422 and 1423 of the Civil Code, only after the dowry and
parapherna of the wife and the debts, charges, and obligations of the conjugal FACTS:
partnershiphavebeenpaid,thecapitalorexclusivepropertyofthehusbandmay Manuela Ruiz was the surviving legitimate spouse of Carlos Gurrea. They were
be liquidated and paid in so far as the inventoried estate may reach; and if the previously living in Spain when the husband subsequently left her, lived in the
estateinventoriedshouldnotbesufficienttopaythedowryandtheparaphernaof Philippineswiththeirson.Healsolivedwithacommonlawwifewhilebeinginthe
the wife and the debts, charges and obligations of the partnership, the provision country.WhenManuelafollowedhiminthecountry,shefiledforsupportandthe
relatingtoconcurrenceandpreferenceofcreditsshallbeobserved.Iftwoseparate courtruledinherfavor.Carloslaterondiedandallegedlyleftawilldisinheriting
administrators are appointed as done in the present case, in every action which Manuela and their son, as well as instituting Pijuan as executor. The will was
one of them may institute to recover properties or credit of the deceased, the submitted for probate and pending proceedings, Manuela not only prayed for
defendant may raise the question or set up the defense that the plaintiff has no supportpendentelitebutlikewise,forappointmentasadministrator.
causeofaction,becausethepropertyorcreditinissuebelongstotheclasswhichis
being administered by the other administrator, which can not be done if the HELD:
administratoroftheentireestateisonlyone. Upon the other hand, the lower court denied support to Mrs. Gurrea because of
absence of proof as regards the status, nature or character of the property now
Asunderthelawonlyonegeneraladministratormaybeappointedtoadminister, underthecustodyoftheSpecialAdministrator.Precisely,however,onaccountof
liquidateanddistributetheestateofadeceasedspouse,itclearlyfollowsthatonly suchlackofproofthereon,weareboundbylawtoassumethattheestateofthe
onespecialadministratormaybeappointedtoadministertemporarilysaidestate, deceased consists of property belonging to the conjugal partnership, onehalf of
becauseaspecialadministratorisbutatemporaryadministratorwhoisappointed whichbelongspresumptivelytoMrs.Gurrea,asidefromsuchpartoftheshareof
toactinlieuofthegeneraladministrator."Whenthereisdelayingrantingletters the deceased in said partnership as may belong to her as one of the compulsory
testamentaryorofadministrationoccasionedbyanappealfromtheallowanceor heirs, if his alleged will were not allowed to probate, or, even if probated, if the
disallowance of will, or from any other cause, the court may appoint a special provisionthereindisinheritingherwerenullified.Inasmuchastheaforementioned
administrator to collect and take charge of the estate of the deceased until the estate is worth P205,397.64, according to the inventory submitted by the special
questionscausingthedelayaredecidedandexecutorsoradministratorsthereupon administrator, it is clear to us that the continuation of the monthly alimony,
appointed,"(sec.1,Rule81).Althoughhispowersanddutiesarelimitedto"collect pendentelite,ofP1,000,authorizedinsaidCivilCaseNo.5820,isfairlyjustified.
andtakechargeofthegoods,chattels,rights,credits,andestateofthedeceased

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ItisnexturgedbyMrs.Gurreathatthelowercourterredindenyingherpetition merelyforaninfinitesimalmomentoftimeonMay25,1920,betweentheprecise
forappointmentasadministratrix,for,aswidowofthedeceased,sheclaimsaright moment when Go Chiong Lee acted under it as special administrator, and the
of preference under Section 6 of Rule 78 of the Revised Rules of Court. In the succeeding moment when he became the administrator. The only reasonable
languageofthisprovision,saidpreferenceexists"ifnoexecutorisnamedinthewill deductionisthatthepowersofthespecialadministratorhavingceased,andthatat
ortheexecutororexecutorsareincompetent,refusethetrust,orfailtogivebond, the same time that they ceased permission was given to operate the stores, this
orapersondiesintestate."Noneoftheseconditionsobtains,however,inthecase authority was intended for the administrator, or if intended for the special
atbar.ThedeceasedCarlosGurreahasleftadocumentpurportingtobehiswill, administrator, was transmitted to the general administrator as soon as he was
seemingly, is still pending probate. So, it cannot be said, as yet, that he has died appointed.
intestate.Again,saiddocumentnamesMarceloPijuanasexecutorthereof,anditis ThattheattorneyofthedefendantGoChiongLeehadknowledgeoftheaddition
not claimed that he is incompetent therefor. What is more, he has not only not totheorderofthecourtnamingGoChiongLeeadministrator,bywhichthelatter
refused the trust, but, has, also, expressly accepted it, by applying for his wasboundtorenderwrittenmonthlyreportsofhisadministration,isestablished,
appointmentasexecutor,and,uponhisappointmentasspecialadministrator,has butthatsubsequentlythecourttacitlymodifieditsorder,islikewisedisclosedby
assumed the duties thereof. It may not be amiss to note that the preference therecord.Theadministratorwasrepeatedlyenjoinedtosubmitaccountswithout
accorded by the aforementioned provision of the Rules of Court to the surviving specifying monthly accounts. On three occasions the administrator rendered his
spouse refers to the appoint of a regular administrator or administratrix, not to accountswithoutprotestfromanysource.
thatofaspecialadministrator,andthattheorderappointingthelatterlieswithin
thediscretionoftheprobatecourt,andisnotappealable. Thatmonthlyreportswouldhavepossessedanyparticularvirtueoverthereports
actuallysubmitted,toplacethecourtonitsguardandthustoprotecttheestate
89 TANV.GOCHIONGLEE from losses, is hardly plausible. On the contrary, that the losses sustained by the
46PHIL200 estateresultedfromtherisknecessarilyattendingtheoperationofthetwostores,
isamuchmorereasonableassumption.Atleasttheonlytestimonyrefutingthatof
FACTS: theformeradministratorcomesfromoneVidalReynes,atailorbyprofession,and
Duringthelifetimeofthedeceased,Gowastheencargado.Whenhedied,Gowas isnotatallimpressive.
appointedpreliminarilyasthespecialadministratoroftheestate.Hedidhisduties
without opposition from anyone. Later, his appointment as special administrator Thestandardofresponsibilityoftheadministratorisbestmeasuredasinessence
ceased and he began acting as the general administrator. He then asked the responsibility of a bailee. Like any bailee, he must pursue his discretion
permissionforthecontinuousoperationofthetwostoresownedbytheestate,for honestly and in good faith, or he will become personally liable, to those who are
which the court granted him to do so. He religiously submitted reports and interested in the estate, for waste, conversion, or embezzlement. But where an
accountsfortheestate,withoutagainanyopposition.Hethenceasedfrombeing administrator,entrustedwiththecarryingonofanestate,actsingoodfaithandin
administratorandhewasreplacedbyTan.Hewasthereafterorderedbythecourt accordance with the usual rules and methods obtaining in such business, he will
to pay certain accounts, to which he denied for allegedly already having paid for notbeheldliableforlossesincurred.
thesame.

RULE81
HELD:
BONDOFEXECUTORSANDADMINISTRATORS
The permission to operate the stores was granted to Go Chiong Lee on the same
datewhenhewasrelievedasspecialadministratorandappointed"administrador
definitivo"oftheestate.Heproceededtoactundersuchauthorityforoverayear Section 1. Bond to be given issuance of letters. Amount. Conditions. Before an
without being challenged by anyone. It would now be preposterous to suppose executor or administrator enters upon the execution of his trust, and letters
that the power to run the stores actually granted by the trial judge continued

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testamentary or administration issue, he shall give a bond, in such sum as the


REVOCATIONOFADMINISTRATION,DEATH,RESIGNATION,ANDREMOVALOF
courtdirects,conditionedasfollows:
EXECUTORSORADMINISTRATORS

(a)Tomakeandreturntothecourt,withinthree(3)months,atrueandcomplete
inventoryofallgoods,chattels,rights,credits,andestateofthedeceasedwhich Section 1. Administration revoked if will discovered. Proceedings thereupon. If
shall come to his possession or knowledge or to the possession of any other afterlettersofadministrationhavebeengrantedontheestateofadecedentasif
personforhim; hehaddiedintestate,hiswillisprovedandallowedbythecourt,thelettersof
(b) To administer according to these rules, and, if an executor, according to the administration shall be revoked and all powers thereunder cease, and the
will of the testator, all goods, chattels, rights, credits, and estate which shall at administrator shall forthwith surrender the letters to the court, and render his
anytimecometohispossessionortothepossessionofanyotherpersonforhim, accountwithsuchtimeasthecourtdirects.Proceedingfortheissuanceofletters
and from the proceeds to pay and discharge all debts, legacies, and charges on testamentary or of administration under the will shall be as hereinbefore
thesame,orsuchdividendsthereonasshallbedecreedbythecourt; provided.
(c)Torenderatrueandjustaccountofhisadministrationtothecourtwithinone
(1)years,andatanyothertimewhenrequiredbythecourt; Section 2. Court may be remove or accept resignation of executor or
(d)Toperformallordersofthecourtbyhimtobeperformed. administrator.Proceedingupondeath,resignation,orremoval.Ifanexecutoror
administrator neglects to render his account and settle the estate according to
Section2.Bondofexecutorwheredirectedinwill.Whenfurtherbondrequired.If law, or to perform an order or judgment of the court, or a duty expressly
thetestatorinhiswilldirectsthattheexecutorsservewithoutbond,orwithonly providedbytheserules,orabsconds,orbecomesinsane,orotherwiseincapable
hisindividualbond,hemaybeallowedbythecourttogivebondinsuchsumand or insuitable to discharge the trust, the court may remove him, or in its
withsuchsuretyasthecourtapprovesconditionedonlytopaythedebtsofthe discretion, may permit him to resign. When an executor or administrator dies,
testator; but the court may require of the executor a further bond in case of a resign, or is removed the remaining executor or administrator may administer
change in his circumstance, or for other sufficient case, with the conditions thethetrustalone,unlessthecourtgrantsletterstosomeonetoactwithhim.If
namedinthelastprecedingsection. there is no remaining executor or administrator, administration may be to any
suitableperson.
Section 3. Bonds of joint executors and administrators. When two or more
personsareappointedexecutorsoradministratorsthecourtmaytakeaseparate Section3.Actsbeforerevocation,resignation,orremovaltobevalid.Thelawful
bondfromeach,orajointbondfromall. acts of an executor or administrator before the revocation of his letters
testamentary or of administration, or before his resignation or removal, shall
Section4.Bondofspecialadministrator.Aspecialadministratorbeforeentering have the like validity as if there had been no such revocation, resignation, or
upon the duties of his trust shall give a bond, in such sum as the court directs, removal.
conditionedthathewillmakeandreturnatrueinventoryofthegoods,chattels,
rights, credits, and estate of the deceased which come to his possession or Section 4. Powers of new executor or administrator. Renewal of license to sell
knowledge,andthathewilltrulyaccountforsuchasarereceivedbyhimwhen real estate. The person to whom letters testamentary or of administration are
requiredbythecourt,andwilldeliverthesametothepersonappointedexecutor granted after the revocation of former letters, or the death, resignation, or
oradministrator,ortosuchotherpersonasmaybeauthorizedtoreceivethem. removal of a former executor or administrator, shall have the like powers to
collect and settle the estate not administered that the former executor or
administrator had, and may prosecute or defend actions commenced by or
RULE82
againsttheformerexecutororadministrator,andhaveexecutiononjudgments
recovered in the name of such former executor or administrator. An authority

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granted by the court to the former executor or administrator for the sale or HELD:
mortgageofrealestatemayberenewedinfavorofsuchpersonwithoutfurther Thelawdeclaresthatcommissionersshallpassuponallclaimsagainsttheestate.
noticeorhearing. Theyhaddonesointhiscase.Thelawfixedthelimitoftheestate'sliability.The
courtcouldnotchargeitwithdebtsthatwereneverowedbyit.Theadministratrix
90 SOCIEDADDELIZZARGAHERMANOSV.ABADA could only charge the estate with the reasonable and proper expenses of
40PHIL124 administration.

FACTS: The estate owed plaintiffs less than P13,000 when the commissioners passed on
1. Caponong died with debts payable to the Sociedad. Caponongs widow their claim. Part of this has been paid, and there was a balance due plaintiffs of
wasdulyappointedasadministratrix,togetherwiththeappointmentof P8,555.78atthetimeofthetrial,plusinterest.Theplaintiffs,aftertheirclaimhad
commissionerstoappraisetheestateaswellastofacilitatepaymentof been presented and allowed by the commissioners, made advances to the
accountsleftbythedecedent. administratrixtilltheirclaimwasmorethanP68,000.
2. In the meanwhile, the widow leased the Hacienda Coronacion to a
certain Zayco and when she married her codefendant Alvarez, Zayco ItisurgedthatthemajorpartofthisdebtofP68,000is administrationexpenses,
transferredtheleasetoAlvarez. andassuchischargeableagainsttheassetsoftheestate.Noreasonisgivenwhy
3. The plaintiffs after 7 years from the death of Caponong then sued the theexpenseofadministrationshouldbesogreat,andtheevidencefailstosustain
widowinherownpersonalcapacityandasadministratrix.Theyalleged thisposition.
that the widow owed them money, which she used in exploiting the
Hacienda. The administration expense would be the necessary expenses of handling the
4. The widow in turn admitted to her debt payable. The guardian of the property, of protecting it against destruction or deterioration, and possibly
minor children of Caponong then sought to intervene, and was allowed producing a crop, but if plaintiffs, holding a claim originally for less than P13,000
todoso,andaverredthattheestatedidntoweanythingtotheplaintiffs. against the estate, let the administratrix have money and effects till their claim
5. Thereafter, the parties alleged that they had all reached an amicable grow to P68,000 they can not be permitted to charge this amount as expense of
settlementandsoughtthedismissaloftheproceedings.Thecourtduly administration. They might be allowed to charge it against the current revenue
dismissedthecomplaint.Atthispointintime,theintestateproceeding from the hacienda or the net proceeds of the "exploitation of the hacienda" for
wasstillpending. whichitwasobtainedandused,asplaintiffsallege,butitcannotrelatebacktothe
6. Subsequently, the plaintiffs sought attachment of properties for presenting of their claim to the commissioners, and be a charge against the
satisfaction of the debt notwithstanding the compromise agreement. inheritance of the heirs, or even a claim to prorate with other creditors' claims
They averred that the defendants were not complying with the allowedbythecommissioners.Byexpenseofadministrationweunderstandtobe
agreementandsoughtsatisfactionofthedebt. thereasonableandnecessaryexpenseofcaringforthepropertyandmanagingit
7. Priortoattaching,thedefendantsfiledanamendedanswer,wherethey tillthedebtsarepaid,asprovidedbylaw,andofdividingit,ifnecessary,soasto
averred that the commissioners only allowed n amount of money to be partitionitanddelivertotheheirs.
paid, that the properties sought to be attached were owned by the
children and that the interest of the widow was limited to usufructuary Thecourtcouldnotapproveasettlementsaddlingupontheestatedebtsitnever
rights. owed,andifitdid,itsapprovalwouldbeanullity.
8. Defendants were in turn sustained by the court and consequently, the
claims against the minor children were dropped and the court held the To give effect to the compromise as written would result in great wrong, and
widowliablefornamountofmoney.Tothis,sheappealed. destroy every chance the minor children had to participate in the inheritance of
theirfather.

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businesslike manner, marshal its assets, and close the estate without any
91 WARNERBARNESV.LUZONSURETY unreasonableorunnecessarydelay.Hewasnotappointedtoactfororonbehalfof
95PHIL924 the creditors, or to represent the interests of the heirs only. He should have
administeredtheaffairsoftheestatefortheuseandbenefitalikeofallinterested
FACTS: persons, as any prudent business man would handle his own personal business.
WarnerBarnesfiledacaseforrecoveryofsumofmoneyfromLuzonSurety.Thisis Whenappointed,itisthelegaldutyoftheadministratortoadminister,settle,and
premisedonthefailureofthedeceasedadministratrixoftheestateofGonzagato close the administration in the ordinary course of business, without any
complywiththeconditionsofherbond,andtopaytheallegedclaimsofWarner unnecessarydelay.Neitherdoesanadministrator,inparticular,withoutaspecific
from the estate. Luzon Surety alleged that until the time that the administratrix showingoranorderofthecourt,haveanylegalrighttocontinuetheoperationof
died,thecourtdidntallowheryettopayWarnersclaims.Luzonalsoallegedthat the business in which the deceased was engaged, or to eat up and absorb the
were it not for her untimely death, the administratrix could have complied assetsoftheestateinthepaymentofoperatingexpenses.Yet,intheinstantcase,
faithfullywithherobligationsaswellastheconditionsimposedbythebond.The theadministratoronhisownvolitionandwithoutanyauthorityorprocessofcourt
trialcourtruledinfavoroftheplaintiffandordereddefendanttopay. continued the operation of the plantation, and in the end, as shown by his own
report,theestatewasdiminishedandlost.
HELD:
Itwasproperforthecourttodecideontheclaimagainstthesuretybond.While 93 LUZONSURETYV.QUEBRAL
the probate court has jurisdiction over the forfeiture and enforcement of an 127SCRA295
administrators bond, it doesnt mean that the same may not be litigated in an
ordinary civil action brought before the court of first instance. Moreover, where FACTS:
there are no proceedings for the administration of the estate of the deceased Luzon Surety issued administrator bonds in favor of administrator Quebral with
administrator, the creditor may enforce then his bond against the surety which respect to two estate proceedings. Indemnity agreements were entered into for
bounditselfjointlyandseverallyinthecasewherethebondwasfiled. the payment of the premiums due. Because the premiums were not yet paid in
full, Luzon Surety sought payment. In the meanwhile, Quebral filed a motion in
92 WILSONV.REAR courtforthecancellationofthebondsbyvirtueoftheapprovaloftheprojectof
55PHIL44 partitionandliquidation.

FACTS: HELD:
CharlesRearwasmurderedwhilebeinginhisplantationinCotabato.Wilsonwas Section 1 of Rule 81 of the Rules of Court requires the administrator/executor to
appointedasadministrator.Thecommissionerswereabletomaketheinventory putupabondforthepurposeofindemnifyingthecreditors,heirs,legateesandthe
of the properties of the estate and likewise, the claims against it. The estate.Itisconditioneduponthefaithfulperformanceoftheadministrator'strust.
administrator was then allowed, with the approval of the heirs, to sell all the
properties,duetothefactthattherewasntsufficientmoneytosettletheclaims. Havinginmindthepurposeand intent of the law,the suretyis thenliableunder
Afterthesaleandpayment,theadministratorfileditsfinalreportandaccounting. theadministrator'sbond,foraslongastheadministratorhasdutiestodoassuch
Thiswasapprovedbythecourtnotwithstandingnumerousobjectionsonthepart administrator/executor.Sincetheliabilityofthesuretiesiscoextensivewiththat
oftheheirs. oftheadministratorandembracestheperformanceofeverydutyheiscalledupon
toperforminthecourseofadministration,itfollowsthattheadministratorisstill
HELD: duty bound to respect the indemnity agreements entered into by him in
Wilson was appointed and qualified as administrator, and the law imposed upon considerationofthesuretyship.
him legal duties and obligations, among which was to handle the estate in a

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ItisshownthatthedefendantappellantPastorT.Quebrar,stillhadsomethingto cannotbedevoidoflegalauthoritytoexecuteandmakethatbondanswerablefor
doasanadministrator/executorevenaftertheapprovaloftheamendedprojectof theverypurposeforwhichitwasfiled.Itistruethatthelawdoesnotsayexpressly
partitionandaccounts. or in so many words that such court has power to execute the bond of an
administrator, but by necessary and logical implication, the power is there as
Thecontentionofthedefendantsappellantsthattheadministrator'sbondceased eloquentlyasifitwerephrasedinunequivocalterm.Whentheaccountabilityofan
to be of legal force and effect with the approval of the project of partition and administrator's bond is spoken of in the very provisions dealing with and bearing
statementofaccountsonJune6,1957iswithoutmerit.Thedefendantappellant directlyonadministrationproceedings,itwouldinvolveastrainedconstructionto
Pastor T. Quebrar did not cease as administrator after June 6, 1957, for hold,asappellantswouldhaveusdo,thatwhereanadministratorisheldliablefor
administrationisforthepurposeofliquidationoftheestateanddistributionofthe adevastravitforhavingsquanderedandmisappliedpropertywhichhewasinduty
residueamongtheheirsandlegatees.Andliquidationmeansthedeterminationof boundtomarshalandconserve,theestateiswithoutaremedytogoagainstthe
alltheassetsoftheestateandpaymentofallthedebtsandexpenses.Itappears administrator'sbondinthesameprobateproceedings,butinanactionoutsideof
that there were still debts and expenses to be paid. To allow the defendants andseparatefromit.Inthisconnection,itshouldbeobservedthatsection683of
appellants to evade their liability under the Indemnity Agreements by non theCodeofCivilProcedureprovidesthat"Uponthesettlementoftheaccountof
payment of the premiums would ultimately lead to giving the administrator the an executor or administrator, trustee, or guardians, a person liable as surety in
power to diminish or reduce and altogether nullify his liability under the respect to such amount may, upon application, be admitted as a party to such
Administrator'sBonds.Asalreadystated,thisiscontrarytotheintentandpurpose accounting, and may have the right to appeal as hereinafter provided." There is
of the law in providing for the administrator's bonds for the protection of the here afforded to a person who may be held liable as surety in respect to an
creditors,heirs,legatees,andtheestate. administrator's account the right, upon application, to be admitted as a party to
theiraccounting,fromwhichwemaynotunreasonablyinferthatasurety,likethe
94 COSMEDEMENDOZAV.PACHECO appellants in the case before us, may be charged with liability upon the bond
64PHIL134 duringtheprocessofaccounting,thatis,withintherecognizedconfinesofprobate
proceedings,andnotinanactionapartanddistinctfromsuchproceedings.
FACTS:
Sorianowastheformeradministratoroftheestate.Toensurecompliancewithhis 95 GUSTILOV.SIAN
duties,hewasmadetoissueabond,whereindefendantsactedassureties.When 53PHIL155
the new administratrix was appointed, the former administrator had accounts
payable to the estate. And since he had insufficient funds, the bond was made FACTS:
answerable.However,havingrealpropertiestosatisfypartiallythepayables,only Agripino was appointed as the administrator of his late fathers estate. His own
a small balance was left to be paid. The sureties sought to be excused from motherandfellowheirsmovedforhisremoval,forallegedlybeingnegligentinhis
payment but was overruled. On appeal, the case was remanded to the lower duties as well as for incurring exorbitant and illegal accounts. Agripino in the
court. And on the second time it reached the appellate court, the sureties meanwhile submitted reports which didnt coincide with each other and he even
questionedthejurisdictionoftheprobatecourttoorderexecutionofthebond. prayedthathebeallowedamonthlysalarythatcreditorsoftheestateopposedto.
Thecourtconsequentlyorderedhisremovalaswellas theexecutionofthebond
HELD: hefiled.
It is clear that a Court of First Instance, exercising probate jurisdiction, is
empowered to require the filing of the administrator's bond, to fix the amount HELD:
thereof, and to hold it accountable for any breach of the administrator's duty. Acarefulexaminationofthefactsrevealedinthisrecordconcerningtheactivities
Possessed,asitis,withanallembracingpowerovertheadministrator'sbondand of Agripino S. Gustilo, as administrator of Angel Gustilo, convinces this court that
overadministrationproceedings,aCourtofFirstInstanceinaprobateproceeding heisnotafitpersontobeadministratorofthisestateandthathehasnotinfact

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administereditsofarwithdueregardtotherightsofotherpersonsininterest.Itis theway,isnotaloneinthetrust,itappearingthathiscounselhasbeenappointed
the opinion of the court, therefore, that he should be removed and required to specialcoadministrator.
renderhisaccountsasadministrator,inaccordancewiththesecondassignmentof
error.
RULE83

INVENTORYANDAPPRAISAL.PROVISIONFORSUPPORTOFFAMILY
Thethirdassignmentoferror,takingexceptiontotherefusalofthetrialcourtto
ordertheforfeitureofthebondoftheadministrator,inouropinioncontemplates
anorderthatwouldbepremature. Section 1. Inventory and appraisal to be returned within three months. Within
three (3) months after his appointment every executor or administrator shall
96 DEGALAV.CENIZAANDUMIPIG returntothecourtatrueinventoryandappraisalofallrealandpersonalestate
78PHIL791 of the deceased which has come into his possession or knowledge. In the
appraisementofsuchestate,thecourtmayorderoneormoreoftheinheritance
FACTS: taxappraiserstogivehisortheirassistance.
Umipig was appointed as administrator of the estate of Mina. Petitioner Degala
sought his removal and upon being denied by the court, filed a petition for WHAT PROPERTIES SHOULD BE INVENTORIED AND APPRAISED BY THE
certiorari. Among others, he alleged that Umipig is a stranger to the estate and ADMINISTRATOR/EXECUTOR?
thathehasanadverseinteresttotheestate,andassuch,shouldberemovedas Realorpersonalestateofthedecedent
soonaspossible.
ARE ONLY THOSE PROPERTIES WHICH IS IN HIS POSSESSION THAT SHOULD BE
HELD: INVENTORIEDANDAPPRAISED?
Undertheveryruleinvokedbythepetitioner,theremovalofanadministratorlies No
withinthediscretionofthecourtappointinghim.Thesufficiencyofanygroundfor Inpossessionorhascomeintohisknowledge
removal should thus be determined by said court, whose sensibilities are, in first
place, affected by any act or omission on the part of the administrator not Section 2. Certain article not to be inventoried. The wearing apparel of the
conformabletoorindisregardoftherulesortheordersofthecourt.Wecannot surviving husband or wife and minor children., the marriage bed and bedding,
merelysubstituteourwayofthinkingforthatofalowercourtinmattersunderits and such provisions and other articles as will necessarily be consumed in the
discretionary power. And in the case at bar, we cannot hold that the respondent substinenceofthefamilyofthedeceased,underthedirectionofthecourt,shall
Judge gravely abused his discretion, particularly in view of the circumstance that notbeconsideredasassets,noradministeredassuch,andshallnotbeincluded
theallegedgroundsforremovalarenotinfactweighty. intheinventory.

First, the fact that the former administrator is his counsel doesnt automatically Section 3. Allowance to widow and family. The widow and minor or
mean that he has an adverse interest in the estate. Second, it doesnt incapacitatedchildrenofadeceasedperson,duringthesettlementoftheestate,
automatically mean that when he has failed to pay some taxes, it was done shall receive therefrom, under the direction of the court, such allowance as are
willfully. It might be the case that there was lack of funds to sustain payment. providedbylaw.
Third,whetherthestatementofaccountswasfiledontimeandwhetherthesame
iscompleteandcorrect,aremattersaddressedtothejudgmentanddiscretionof 97 CHUATANV.DELROSARIO
the respondent Judge. It may not be amiss to add that the latter will of course 57PHIL411
know when to resort to the bond filed by the respondent administrator who, by
FACTS:

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Santa Juana was the administratrix of the estate of Chua Piaco. She filed a case the defendant administratrix, constitutes res judicata in another case where the
againstdelRosario,theadministratrixoftheestateofChuaToco,Piacosadopted heirs of the alleged donor are plaintiffs and the administratrix of the supposed
son. Santa Juana demanded del Rosario to render an accounting on allegedly trusteeisdefendant,andinwhichthepartitionofthesamefundsandtheproducts
deliveredfundsintrustbytheChuaPiacotoChuaToco,whichdelRosarioallegedly thereofissoughtbetweentheheirsofboth,underthesameallegationoftrust,the
refusedtodo.JudgmentonthiscasewasrenderedagainstSantaJuanahowever. allegedtrusteebeingtheadoptedchildofthedonor.
And in the present case, plaintiffs are the presumptive heirs of Chua Piaco who
soughtpartitionoffunds.Thelowercourtsustainedthedefenseofresjudicata. 98 ADAPONV.MARALIT
69PHIL411
HELD:
Itisthedutyoftheadministratorofthetestateorintestateestateofadeceasedto FACTS:
presentaninventoryoftherealestateandallgoods,chattels,rights,andcreditsof Pedro Adapon petitioned the probate of his late fathers will and it was duly
the deceased which have come into his possession or knowledge, in accordance probated.Hewasappointedastheadministratoroftheestateanddulyfiledthe
with the provisions of section 668 of the Code of Civil Procedure, and to manage inventoryofproperties.Thesecondwifeofhislatefatheropposed.Shealleged
themaccordingtosection643ofthesameCode;andinorderthathemayhavein that the administrator failed to account for certain properties owned by the
his power and under his custody all such property, section 702 of the aforesaid testator.Heisalsodemandedtopaymonthlyallowancetothewidow.Adaponon
Code authorizes him to bring such actions for the purpose as he may deem theotherhandallegedthat he owned theproperties in dispute and shouldnt be
necessary.Section642inprovidingfortheappointmentofanadministratorwhere includedintheinventory.TheprobatecourtdecidedinfavorofAdapon.
thereisnowillorthewilldoesnotnameanexecutor,seekstoprotectnotonlythe
estateofthedeceasedbutalsotherightsofthecreditorsinorderthattheymaybe HELD:
able to collect their credits, and of the heirs and legatees in order that they may Under section 599 of the Code of Civil Procedure, the probate jurisdiction of the
receivetheportionoftheinheritanceorlegacyappertainingtothemafterallthe CourtofFirstInstancerelatesonlytomattershavingtodowiththesettlementof
debts and expenses chargeable against the deceased's estate have been paid. estatesandprobateofwillsofdeceasedpersons,theappointmentandremovalof
Undertheprovisionsofthelaw,therefore,thejudicialadministratoristhelegal guardiansandtrustees,andthepowers,duties,andrightsofguardiansandwards,
representativenotonlyofthetestateorintestateestate,butalsoofthecreditors, trustees, and cestuis que trust." As may be seen, the law does not extend the
andheirsandlegatees,inasmuchasherepresentstheirinterestintheestateof jurisdictionofaprobatecourttothedeterminationofquestionsofownershipthat
thedeceased. ariseduringtheproceeding.

Santa Juana, as administratrix of the intestate estate of the late Chua Piaco, was InthecaseofBauermannvs.Casas(10Phil.,392393)thiscourt,inpassingupon
thelegalrepresentativenotonlyofsaidestatebutalsoofitscreditorsandheirs.In thesamequestionnowraisedobservedthat"themerefactthatoneoftheparties
view of this relation of agent and principal between her and the plaintiffs in the is an executor or administrator of a certain estate does not give exclusive
present case, the decision rendered against Benedicta Santa Juana, as such jurisdiction to the probate court wherein the estate is being settled, of questions
administratrix, in the former case is conclusive and binding upon said plaintiffs in arisingbetweensuchtheexecutorsoradministratorsandthirdpersons,astothe
thepresentcase.. ownershipofspecificproperty.Ofcoursewhenitisoncedeterminedthatcertain
property is the property of the estate is being settled, but until this question is
Afinaljudgmentuponthemeritsrenderedagainstthejudicialadministratrixofan decided the mere allegation that certain property is the property of an estate in
intestateestate,assuch,inacasewheresheisplaintiffandtheadministratrixof courseofjurisdictionoverquestionstouchingtheownershipofsuchpropertyand
anotherintestateestate,assuchisthedefendant,inwhichsheseekstosecurean rights based on the right of ownership." In Devesa vs. Arbes (13 Phil., 281), the
accounting of funds alleged to have been delivered in trust by the deceased, same doctrine was reiterated with greater force and emphasis, the court there
representedbytheplaintiffadministratrix,totheotherdeceased,representedby holdingthatacontestedclaimofanadministratorthatcertainrightsofpossession

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and ownership are the property, of the estate which he represent must be 1430, when the same is requested, and if the creditors believe that they are
determinedinaseparateaction,andnotintheadministrationproceedings."Again, prejudiced by such an action, by separating from the estate a part of its income,
this Court in Guzman vs. Anog and Anog (37 Phil., 6263),decided that "when they can appeal to the court therefrom, by satisfactorily proving that there is no
questionsariseastotheownershipofproperty,allegedtobeapartoftheestate property or asset that may, in any case, be allotted to the interested parties. It
ofadeceasedperson,butclaimedbysomeotherpersontobehisproperty,notby havingproventhatnoproperty,eitherprivateorconjugal,pertainstothesurviving
virtueofanyrightofinheritancefromthedeceased,butbytitleadversetothatof spouseortheheirsofthedeceased,thesupportcannotbegranted,becausethis,
thedeceasedandhisestate,suchquestionscannotbedeterminedinthatcourseof ineffect,accordingtoarticle1430,isonlyanadvancepaymentonaccoountofthe
administrationproceedings.TheCourtofFirstInstance,actingasaprobatecourt, respectiveshareofeachpartner.
hasnojurisdictionto,adjudicatesuchcontentions,whichmustbesubmittedtothe
courtintheexerciseofitsgeneraljurisdictionasaCourtofFirstInstancetotryand Such is the case now before us. It appears from the record that the liabilities
determinetheordinaryactionsmentionedintheCodeofCivilProcedure."Finally, exceedtheassetsoftheestateofSamuelWilliamAllenandthathiswidow,byher
in the case of Lunsod vs. Ortega (46 Phil., 676) where the same question like as ownadmission,hadnotcontributedanypropertytothemarriage.Wherefore,itis
presented, the Court reaffirmed the principle enunciated in the foregoing cases unlawful, in the present case, to grant the support, having the character of an
statingthat"itisanestablisheddoctrineofthiscourtthatthemerefactthatoneof advancepaymenttobedeductedfromtherespectiveshareofeachpartner,when
thepartiesistheexecutororadministratoroftheestateofadeceasedpersondoes thereisnopropertytobepartitioned,lacksthelegalbasisprovidedbyarticle1430.
notconferupontheprobatecourt,inwhichtheproceedingforthedistributionand
settlementofsaidestatearepending,exclusivejurisdictiontodecideallquestion 100 SANTEROV.CFI
thatmayarisebetweenthesaidexecutororadministratorandthirdpersonsasto 153SCRA728
thetitleofaspecificproperty."
FACTS:
99 MOOREANDSONSMERCANTILECO.V.WAGNER PabloSanterodied,begottingchildrenfromtwowomen.Onthesettlementofhis
50PHIL128 estate, on behalf of her children, Diaz filed for the grant of allowance. She
providedinhermotion,theneedtosustaindailyschoolingandotherexpensesof
FACTS: the children. Petitioners argue that private respondents are not entitled to any
InthesettlementoftheintestateestateofSamuelAllen,hiswidowprayedthatthe allowance since they have already attained majority age, two are gainfully
court orders the administrator to give her and her childrenallowance. Thecourt employedandoneismarriedasprovidedforunderSec.3Rule83,oftheRulesof
orderedforthesame,despiteoppositiononthegroundthattheestateisinsolvent. Court.Petitionersalsoallegethattherewasmisrepresentationonthepartofthe
guardianinaskingforallowancefortuitionfees,booksandotherschoolmaterials
HELD: and other miscellaneous expenses for school term 198283 because these wards
Thatthesupportdoesnotencumberthepropertyofthedeceasedspouse,butthe havealreadyattainedmajorityagesothattheyarenolongerunderguardianship.
general estate, and that by the general estate or the inventoried estate is meant TheyfurtherallegethattheadministratoroftheestateofPabloSanterodoesnot
the dowry or capital of the wife; wherefore, even if the indebtedness exceed the have sufficient funds to cover said allowance because whatever funds are in the
residueoftheestate,thewifecanalwaysbeallowedsupportaspartpaymentof handsoftheadministratorconstitutefundsheldintrustforthebenefitofwhoever
the income of her property. In any case, the support is given prior to the will be adjudged as owners of the Kawit properties from where these funds now
termination of the liquidation of the partnership, and it does not seem logical to heldbytheadministratorarederived.
denythesamebeforeknowingexactlytheresultoftheliquidation,justbecauseof
the fear that the liabilities will exceed the estate, or on the ground of estimates HELD:
moreorlessuncertain,andwithoutanysufficientproofofitsreality.Thejudgeor Thefactthatprivaterespondentsareofage,gainfullyemployed,ormarriedisof
theadministrator,asthecasemaybe,mustgrantthesupportreferredtoinarticle nomomentandshouldnotberegardedasthedeterminingfactoroftheirrightto

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allowanceunderArt.188.WhiletheRulesofCourtlimitallowancestothewidow WHATARETHEGENERALPOWERSOFANEXECUTORORADMINISTRATOR?
andminororincapacitatedchildrenofthedeceased,theNewCivilCodegivesthe 1. Have access to partnership books and accounts, in the case of
surviving spouse and his/her children without distinction. Hence, the private partnership
respondents Victor, Rodrigo, Anselmina and Miguel all surnamed Santero are 2. Tokeepbuildingsandotherpropertiesinrepair
entitledtoallowancesasadvancesfromtheirsharesintheinheritancefromtheir 3. Toretainwholeestatetopaydebts
fatherPabloSantero.SincetheprovisionoftheCivilCode,asubstantivelaw,gives 4. Toadministerpropertiesnotmentionedinthewill
the surviving spouse and to the children the right to receive support during the 5. To bring and defend suits which survived upon death of the decedent
liquidationoftheestateofthedeceased,suchrightcannotbeimpairedbyRule83 (Rule87)
Sec. 3 of the Rules of Court which is a procedural rule. Be it noted however that
withrespectto"spouse,"thesamemustbethe"legitimatespouse"(notcommon 101 CONCEPCIONJOCSONDEHILADOV.NAVA
lawspouseswhoarethemothersofthechildrenhere). 69PHIL1

FACTS:
RULE84
Theadministratrixenteredintoacontractofleaseofoneofthepropertiesofthe
GENERALPOWERSANDDUTIESOFEXECUTORSANDADMINISTRATORS
estate. This was entered into without the intervention of the court. Opposition
wasthenentered,fortheannulmentofsuchcontract.
Section 1. Executor or administrator to have access to partnership books and
property. How right enforced. The executor or administrator of the estate of a HELD:
deceased partner shall at all times have access to, and may examine and take Thecontracthereinquestionbeingamereactofadministration,couldvalidybe
copies of, books and papers relating to the partnership business, and make entered into by the administratrix within her powers of administration, even
examine and make invoices of the property belonging to such partnership; and without the court's previous authority. And the court had no power to annul or
thesurvivingpartnerorpartners,onrequest,shallexhibittohimallsuchbooks, invalidate the contract in the intestate proceedings wherein it had no jurisdiction
papers,andpropertyintheirhandsorcontrol.Onthewrittenapplicationofsuch overthepersonofthelessee.
executor or administrator, the court having jurisdiction of the estate may order
anysuchsurvivingpartnerorpartnerstofreelypermittheexerciseoftherights, 102 SANDIEGOV.NOMBRE
and to exhibit the books, papers, and property, as in this section provided, and 11SCRA165
maypunishanypartnerfailingtodosoforcontempt.
FACTS:
Section 2. Executor or administrator to keep buildings in repair. An executor or Nombrewasinitiallytheappointedadministratoroftheestate.Heenteredintoa
administrator shall maintain in tenable repair the houses and other structures lease contract with Escaler for a period of 3 years. This was done without
and fences belonging to the estate, and deliver the same in such repair to the authorization of the court. Nombre was removed as an administrator and was
heirsordeviseeswhendirectedsotodobythecourt. replaced. The court then sought the annulment of the contract, for lack of
authorization.
Section3.Executororadministratortoretainwholeestatetopaydebts,andto
administerestatenotwilled.Anexecutororadministratorshallhavetherightto HELD:
thepossessionandmanagementoftherealaswellasthepersonalestateofthe TheCourtofAppealswascorrectinsustainingthevalidityofthecontractoflease
deceasedsolongasitisnecessaryforthepaymentofthedebtsandtheexpenses infavorofEscanlar,notwithstandingthelackofpriorauthorityandapproval.The
ofadministration. lawandprevailingjurisprudenceonthemattermilitatesinfavorofthisview.While
it may be admitted that the duties of a judicial administrator and an agent

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(petitionerallegesthatbothactinrepresentativecapacity),areinsomerespects, waiverbythespecialadministratorofaprimafacieexclusiverightoftheintestate
identical,theprovisionsonagency(Art.1878,C.C.),shouldnotapplytoajudicial estatetothebankdepositsinfavorofthecoownersoftheJunaSubdivision,who
administrator.AjudicialadministratorisappointedbytheCourt.Heisnotonlythe were allegedly claiming the same as alleged by the administrator in his motion.
representative of said Court, but also the heirs and creditors of the estate (Chua Thebankdepositswereinthenameofthedeceased;they,therefore,belongprima
Tan v. Del Rosario, 57 Phil. 411). A judicial administrator before entering into his facie to his estate after his death. And until the contrary is shown by proper
duties, is required to file a bond. These circumstances are not true in case of evidence at the proper stage, when money claims may be filed in the intestate
agency.Theagentisonlyanswerabletohisprincipal.Theprotectionwhichthelaw proceedings,thespecialadministratoriswithoutpowertomakethewaiverorto
gives the principal, in limiting the powers and rights of an agent, stems from the handoverpartoftheestate,orwhatappearstobeaprimafaciepartoftheestate,
factthatcontrolbytheprincipalcanonlybethruagreements,whereastheactsof tootherpersonsonthegroundthattheestateisnottheownerthereof.Ifevento
a judicial administrator are subject to specific provisions oflawandordersofthe sellforvaluableconsiderationpropertyoftheestaterequirespriorwrittennotice
appointingcourt. oftheapplicationtotheheirs,legatees,ordeviseesunderRule89oftheRulesof
Court,suchnoticeisequally,ifnotmore,indispensablefordisposinggratuitously
103 JARODAV.CUSI of assets of the decedent in favor of strangers. Admittedly, no such notice was
28SCRA1008 given,andwithoutitthecourt'sauthorityisinvalidandimproper.

FACTS: Secondly, the order approving the power of attorney executed by administrator
Tan filed a petition for the estate proceedings of Villa Abrille. He was duly Tanandappointinghimselfasattorneyinfacttosellthesubdivisionlotsforaprice
appointed as regular administrator. During the proceedings, he first sought athisdiscretionis,likewise,voidforwantofnoticeandforapprovinganimproper
permissiontowithdrawmoneyfromthebankaccountofthedeceased.Thecourt contractortransaction.
foundthemotionmeritorious.Next,allegingthatthedeceasedwasthemanager
and coowner of a subdivision, he sought authorization to sell the same. He was The rule requires "written notice to the heirs, devisees, and legatees who are
likewiseauthorized.Jarodathenenteredhisoppositionbutthecourtoverruledhis interested in the estate to be sold" and, admittedly, administrator Tan did not
opposition. furnishsuchnotice.Withoutsuchnotice,theorderofthecourtauthorizingthesale
isvoid.
HELD:
The order allowing the special administrator to withdraw the bank deposits
RULE85
standinginthenameofthedecedentisinabuseofdiscretionamountingtolackof
ACCOUNTABILITYANDCOMPENSATIONOFEXECUTORSANDADMINISTRATORS
jurisdiction.Inthefirstplace,saidwithdrawalisforeigntothepowersanddutiesof
a special administrator, which, are to take possession and charge of the goods,
chattels, rights, credits and estate of the decease and preserve the same for the Section 1. Executor or administrator chargeable with all estate and income.
executor or administrator afterwards appointed, and for that purpose may Exceptasotherwiseexpresslyprovidedinthefollowingsections,everyexecutor
commence and maintain suits as administrator. He may sell only such perishable oradministratorischargeableinhisaccountwiththewholeoftheestateofthe
and other property as the court orders sold. A special administrator shall not be deceasedwhichhascomeintohispossession,atthevalueoftheappraisement
liabletopayanydebtsofthedeceasedunlesssoorderedbythecourt. contained in the inventory; with all the interest, profit, and income of such
estate;andwiththeproceedsofsomuchoftheestateasissoldbyhim,atthe
In the second place, the order was issued without notice to, and hearing of, the priceatwhichitwassold.
heirs of the deceased. The withdrawal of the bank deposits may be viewed as a
takingofpossessionandchargeofthecreditsoftheestate,andapparentlywithin TOWHATISTHEADMINISTRATOR/EXECUTORACCOUNTABLEFOR?
thepowersanddutiesofaspecialadministrator;butactually,saidwithdrawalisa

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With the whole of the estate of the deceased which has come into his
possession,atthevalueoftheappraisementcontainedintheinventory; Section6.Whenallowedmoneypaidascost.Theamountpaidbyanexecutoror
with all the interest, profit, and income of such estate; and with the administrator for costs awarded against him shall be allowed in his
proceedsofsomuchoftheestateasissoldbyhim,atthepriceatwhich administrationaccount,unlessitappearsthattheactionorproceedinginwhich
itwassold. the costs are taxed was prosecuted or resisted without just cause, and not in
goodfaith.
Section2.Nottoprofitbyincreaseorlosebydecreaseinvalue.Noexecutoror
administrator shall profit by the increase, or suffer loss by the decrease or MAY COSTS AWARDED AGAINST THE ADMINISTRATOR OR EXECUTOR BE
destruction,withouthisfault,ofanypartoftheestate.Hemustaccountforthe ALLOWEDINHISADMINISTRATIONACCOUNT?
excesswhenhesellsanypartoftheestateformorethantheappraisement,and Generallyyes,hemaychargeitinhisadministrationaccount
ifanyissoldforthelessthantheappraisement,heisnotresponsiblefortheloss, Exceptionstotherule
ifthesalehasjustlymade.Ifhesettlesanyclaimagainsttheestateforlessthan o The action or proceeding involved was prosecuted or resisted
its nominal value, he is entitled to charge in his account only the amount he withoutjustcause,andnotingoodfaith
actuallypaidonthesettlement.
Section 7. What expenses and fees allowed executor or administrator. Not to
Section 3. When not accountable for debts due estate. No executor or charge for services as attorney. Compensation provided by will controls unless
administrator shall be accountable for debts due the deceased which remain renounced.Anexecutororadministratorshallbeallowedthenecessaryexpenses
uncollectedwithouthisfault. the care, management, and settlement of the estate, and for his services, four
pesos per day for the time actually and necessarily employed, or a commission
Section 4. Accountable for income from realty used by him. If the executor or upon the value of so much of the estate as comes into his possession and is
administrator uses or occupies any part of the real estate himself, he shall finally disposed of by him in the payment of debts, expenses, legacies, or
accountforitasmaybeagreeduponbetweenhimandthepartiesinterested,or distributiveshares,orbydeliverytoheirsordevisees,oftwopercentumofthe
adjustedbythecourtwiththeirassent;andifthepartiesdonotagreeuponthe firstfivethousandpesosofsuchvalue,onepercentumofsomuchofsuchvalue
sum to be allowed, the same may be ascertained by the court, whose asexceedsfivethousandpesosanddoesnotexceedthirtythousandpesos,one
determinationinthisrespectshallbefinal. halfpercentumofsomuchofsuchvalueasexceedonehundredthousandpesos.
But in any special case, where the estate is large, and the settlement has been
Section 5. Accountable if he neglects or delays to raise or pay money. When an attendedwithgreatdifficulty,andhasrequiredahighdegreeofcapacityonthe
executor or administrator neglects or unreasonably delays to raise money, by partoftheexecutororadministrator,agreatersummaybeallowed.Ifobjection
collecting the debts or selling the real or personal estate of the deceased, or tothefeesallowedbetaken,theallowancemaybereexaminedonappeal.
neglectstopayoverthemoneyhehasinhishands,andthevalueoftheestateis
thereby lessened or unnecessary cost or interest accrues, or the persons Iftherearetwoormoreexecutorsoradministrators,thecompensationshallbe
interestedsufferloss,thesameshallbedeemedwasteandthedamagesustained apportionedamongthembythecourtaccordingtotheservicesactuallyrendered
may be charged and allowed against him in his account, and he shall be liable bythemrespectively.
thereforonhisbond.
Whentheexecutorsoradministratorisanattorney,heshallnotchargeagainst
WHEN MAY UNCOLLECTED DEBTS BE CHARGEABLE TO THE theestateanyprofessionalfeesforlegalservicesrenderedbyhim.
EXECUTOR/ADMINISTRATORSACCOUNT?
If there is negligence, fault or unreasonable delay on the part of the Whenthedeceasedbywillmakessomeotherprovisionforthecompensationof
executororadministrator hisexecutor,thatprovisionshallbeafullsatisfactionforhisservicesunlessbya

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writteninstrumentfiledinthecourtherenouncesallclaimtothecompensation Exception: when the court directs otherwise because of extensions of


providedbythewill. timeforpresentationofclaimsagainsttheestate,payingdebtsofestate,
orfordisposingtheestate
HOWCANTHEADMINISTRATOROREXECUTORBECOMPENSATED?
Fornecessaryexpensesforthecare,managementandsettlementofthe Section9.Examinationsonoathwithrespecttoaccount.Thecourtmayexamine
estate theexecutororadministratoruponoathwithrespecttoeverymatterrelatingto
Forhisservices anyaccountrenderedbyhim,andshallsoexaminehimastothecorrectnessof
hisaccountbeforethesameisallowed,exceptwhennoobjectionismadetothe
HOW CAN AN ADMINISTRATOR OR EXECUTOR BE COMPENSATED FOR HIS allowance of the account and its correctness is satisfactorily established by
SERVICES? competent proof. The heirs, legatees, distributees, and creditors of the estate
Itdependsifitistimebasedorcommissionbased shallhavethesameprivilegeastheexecutororadministratorofbeingexamined
Iftimebased,P4/dayactuallyandnecessarilyemployed onoathonanymatterrelatingtoanadministrationaccount.
Ifcommissionbased
o 2%forfirstP5000 MAY THE RENDITION OF ACCOUNT BE FORGONE IF THERE IS A PARTITION
o 1%forP500030000 AGREEMENT?
o 0.5%forexceedingP100,000 No(Josonv.Joson)
Fortheheirstoknowthestateoftheestateandthishasbeenmandated
WHATARETHEEXCEPTIONSTOTHERULEONCOMPENSATION? bytherules
1. Whenthedecedentmakesprovisioninhiswillforcompensation
2. In any special case, upon discretion of the court, the settlement of the Section10.Accounttobesettledonnotice.Beforetheaccountofanexecutoror
estateisattendedwithgreatdifficulty,andhasrequiredahighdegreeof administratorisallowed,noticeshallbegiventopersonsinterestedofthetime
capacityonthepartoftheadministratororexecutor and place of examining and allowing the same; and such notice may be given
personally to such persons interested or by advertisement in a newspaper or
WHOISPRIMARYLIABLEFORATTORNEYSFEES? newspapers,orboth,asthecourtdirects.
Theadministratororexecutor,subjecttoreimbursement
MAYACOURTAUTOMATICALLYAPPROVEANACCOUNT?
Section8.Whenexecutororadministratortorenderaccount.Everyexecutoror No
administrator shall render an account of his administration within one (1) year Theremustbethefollowing
from the time of receiving letters testamentary or of administration, unless the o Notice to all interested parties of the estateheirs, legatees,
court otherwise directs because of extensions of time for presenting claims devisees,creditors,distributees
against,orpayingthedebtsof,theestate,orfordisposingoftheestate;andhe o Noticemaybemadepersonallyorbypublication,orbyboth
shall render such further accounts as the court may require until the estate is
whollysettled. Section11.Suretyonbondmaybepartytoaccounting.Uponthesettlementof
theaccountofanexecutororadministrator,apersonliableassuretyinrespect
WHENSHALLANEXECUTORORADMINISTRATORRENDERANACCOUNT? tosuchaccountmay,uponapplication,beadmittedaspartytosuchaccounting.
Generalrule:within1yearsinceissuanceoflettersofadministrationor
testamentary DOESASURETYAUTOMATICALLYBECOMEAPARTYTOACCOUNTING?
No
Hemustfileanapplicationtothateffect

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appellant, dated August 14, 1933, and March 15, 1934, respectively, which
104 GARCIAV.ESCUDERO accountsappearintherecordonappeal,asamendedbyorderofthecourt.
43PHIL437
The court a quo, therefore, committed no error in ordering the elimination from
FACTS: the record on appeal of the other pleadings, decrees, orders and judgments not
Plaintiffs as the testators sisters were the testamentary heirs. Escudero and appealed from, which, according to the appellant himself, are nothing more than
another were appointed as administrators of the estate. Plaintiffs subsequently evidenceoftheservicesrenderedbyhimandhisattorney.
prayed for the delivery of properties to them as well as the accounting for the
same.Escuderoassailedsuchmotionbyallegingthattheplaintiffsdonthaveany Withrespecttotheotherexpensesandfeeswhichtheexadministratorappellant
standing in court, the properties in dispute not having been administered in seeks to collect and which the lower court, rejected, the law only authorizes the
accordancewiththerules. administratortocollectforhisservicesassuchthesumofP4foreverydayactually
and necessarily spent by him in the administration and care of the estate of a
HELD: deceasedperson,notforeveryactortaskhemightperform,evenifitweretotake
The administrator isnt responsible for the loss, by a fortuitous event, of the onlyafewminutestodoso,asindicatedbythenatureofthegreatmajorityofthe
personalpropertiesunderadministrationintheabsenceofproofthatsaidlosswas task performed by him, for each and every one of which he seeks to collect P4.
duetohisnegligence.Nordoesthefactthatnowrittenevidencewasintroduced Thereforethiscourtisoftheopinionthatthe18daysgrantedbythelowercourtto
toprovethattheanimalsunderadministrationdiedofrinderpestrenderhimliable the exadministratorappellant as actually and necessarily spent by him in the
forthevalueoftheanimals. performanceofhisduties,atP4aday,arereasonable.

105 NICOLASV.NICOLAS 106 UYTIOCOV.IMPERIAL
63PHIL332 53PHIL802

FACTS: FACTS:
Domingo Nicolas is the exadministrator of the estate. He appealed the order of Panis was formerly the counsel for the settlement of the estate of the deceased.
thecourt,allowingthe2accountshesubmittedbutlesserthanwhatheprayedfor. Uy Tioco was the administrator. Upon cessation of services, Panis submitted an
Among others, he alleged not being given the opportunity to be heard on the accountforthepaymentofhisattorneysfees.Despiteoppositionbytheguardian
accounts he submitted. He likewise contested the fact of disapproving certain ad litem of the minor children of deceased, the court granted the request of the
paymentshemadeandtheexclusionofsomepleadingsandordershesubmitted lawyer and ordered consequently the administrator to pay the former out of the
tosupporthisclaim. estatesfunds.

HELD: HELD:
Whatsection779oftheCodeofCivilProcedurerequirestobetransmittedtothis Theargumentssubmittedindicateamisconceptionofthecharacteroftheliability
court in case of an appeal from a decree or order approving or disapproving the for the attorney's fees are claimed are supposed to have been rendered to the
accountsofanadministrator,inaccordancewiththeprovisionsofsection778,isa executororadministratortoassisthimintheexecutionofhistrust.Theattorney
certifiedtranscriptoftheappeal,order,decreeorjudgmentappealedfromandof canthereforenotholdtheestatedirectlyliableforhisfees;suchfeesareallowed
the accounts embraced in the order, the inclusion of any other order, decree or to the executor or administrator and not to the attorney. The liability for the
judgment from which no appeal has been taken being unnecessary and paymentrestsontheexecutororadministrator,butifthefeespaidarebeneficial
superfluous. The appealed order is the one dated June 20, 1934, and accounts totheestateandreasonable,heisentitledtothereimbursementfromtheestate.
partially disapproved therein are those submitted by the exadministrator

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Suchpaymentshouldbeincludedinhisaccountsandthereimbursementtherefore Serquina submitted for probate the will of deceased Farlin. There being no
settleduponthenoticeprescribedinsection682oftheCodeofCivilProcedure. opposition, the will was duly admitted to probate. Thereafter, the counsel
Serquinasubmittedamotionforpaymentofattorneysfees.Thiswasopposedby
107 DACANAYV.GERNANDEZ the heirs of Farlin, nonetheless, the court favored the payment and ordered that
53PHIL824 thesamewouldconstitutealienoverthedistributionoftheestate.

FACTS: HELD:
JustinianoDacanaydiedandwasoriginallysurvivedbyhislegitimatedaughterand An administrator or executor may be allowed fees for the necessary expenses he
naturalchildren.Thelegitimatedaughtereventuallydiedandwassurvivedbyher hasincurredassuch,buthemaynotrecoverattorney'sfeesfromtheestate.His
spouse Hernandez and children. The deceased Dacanay in this case was able to compensation is fixed by the rule but such a compensation is in the nature of
leaveawill.Thelegitimatedaughterwasdeprivedofherrightfulshareduetoher executor's or administrator's commissions, and never as attorney's fees. In one
alleged disobedience. And despite opposition from Hernandez, the will was case,"agreatersum[other than thatestablished by the rule] maybe allowed 'in
admitted to probate. On the accounting of expenses, Tirso indicated therein as anyspecialcase,wheretheestateislarge,andthesettlementhasbeenattended
accountthepaymentofattorneysfees.Thiswasoneofthethingscontested,on withgreatdifficulty,andhasrequiredahighdegreeofcapacityonthepartofthe
thegroundthatthefeesshouldbeshoulderedbytheadministratorhimself. executororadministrator.'"Itisalsolefttothesounddiscretionofthecourt.With
respecttoattorney'sfees,therule,disallowsthem.Accordingly,totheextentthat
HELD: thetrialcourtsetasidethesumofP65,000.00asandforMr.Serquina'sattorney's
As will be seen, all of the fees relate to services rendered for the benefit of the fees,tooperateasa"lienonthesubjectproperties,"thetrialjudgemustbesaidto
administrator himself and for that of the other natural children of Justiniano have gravely abused its discretion (apart from the fact that it never acquired
Dacanayandnotforthebenefitoftheestate. jurisdiction,inthefirstplace,toactonsaidMr.Serquina's"motionforattorney's
fees").
"The estate cannot be held liable for the costs of counsel fees arising out of
litigationbetweenthebeneficiariesthereofamongthemselves,orintheprotection Thenextquestionisquiteobvious:Whoshouldersattorney'sfees?Wehaveheld
of the interest of a particular persons" (Woerner on Administration, 2d ed., sec. that a lawyer of an administrator or executor may not charge the estate for his
516, and authorities there cited). It is true that an administrator may employ fees, but rather, his client. Mutatis mutandis, where the administrator is himself
competent counsel on questions which affects his duties as administrator and on thecounselfortheheirs,itisthelatterwhomustpaytherefor.
which he is in reasonable doubt and that reasonable expenses for such services
maybechargedagainsttheestatesubjecttotheapprovalofthecourt.Butsuchis Inthatconnection,attorney'sfeesareinthenatureofactualdamages,whichmust
not the case here. In this case the administrator deliberately and knowingly bedulyproved.Theyarealsosubjecttocertainstandards,towit:(1)theymustbe
resortedtofalsifieddocumentsforthepurposeofdefraudingthelegitimateheirs reasonable, that is to say, they must have a bearing on the importance of the
ofthedeceasedandthroughhisownbreachoftrust,broughtonthelitigationfor subjectmatterincontroversy;(2)theextentoftheservicesrendered;and(3)the

which he now demands reimbursement for counsel fees. We know of no legal professionalstandingofthelawyer. Inallcases,theymustbeaddressedinafull
authority for such reimbursement in these circumstances. The claim for P6,175 is blowntrialandnotonthebarewordoftheparties.Andalways,theyaresubjectto
thereforedisallowed. themoderatinghandofthecourts.

108 LACSONV.REYES 109 ROSENSTOCKV.ELSER
182SCRA729 48PHIL708

FACTS: FACTS:

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RosenstockpetitionedthewillofdeceasedElsertobeadmittedtoprobate.Itwas before an account of the administrator is allowed notice shall be given to all
dulyadmittedandconsequently,Rosenstockwasappointedastheexecutor.Ona personsinterestedofthetimeandplaceofexaminingandallowingthesame.And
later date, he filed a motion for payment of additional compensation and finally Section 9 expressly directs that the court shall examine the administrator
allowance.Thiswasapprovedbythecourt.Thewidowofthedeceasedmovedfor upon oath with respect to every matter relating to his account except when no
reconsiderationbutwasdenied. objection is made to the allowance of the account and its correctness is
satisfactorilyestablishedbycompetenttestimony.
HELD:
During that period all of the assets and liabilities of the estate should have been Itthusappearsthatthedutyofanadministratortorenderanaccountisnotamere
legallyascertainedanddetermined.Inotherwordsthecharacterandclassofthe incidentofanadministrationproceedingwhichranbewaivedordisregardedwhen
workwhichdevolvesupontheexecutorisofaverydifferenttypeandnaturenow the same is terminated, but that it is a duty that has to be performed and duly
thanatthetimeofhisappointment.Althoughbymutualconsenthiscompensation acted upon by the court before the administration is finally ordered closed and
wasfixedatP1,0000permonthatthetimeofhisappointmentthatwasnotvalid terminated. Here the administrator has submitted his accounts for several years
orbindingcontractcontinuousthroughoutthewholeadministrationoftheestate. not only motu proprio but upon requirement of the court, to which accounts the
It was always subject to change and the approval of the court and to either an heirs have seasonably submitted their opposition. And when the administrator
increaseordecreaseasconditionsmightwarrant.Atalltimesthecompensationof movedthecourttoclosetheproceedingsandrelievehimofhisadministrationand
theprobatecourt. ofhisaccounts,theheirswhoobjectedtheretoobjectedlikewisetotheclosingof
the proceedings invoking their right to be heard but the court ignored their
110 JOSONV.JOSON opposition and granted the motion setting forth as reasons therefor what we
2SCRA83 quotedintheearlypartofthisdecision.Verily,thetrialcourterredinaccedingto
themotionforindoingsoitdisregardedtheexpressprovisionsofourrulesrelative
FACTS: tothesettlementofaccountsofajudicialadministrator.
Joson(father)diedandleftawill.Hewassurvivedbymanychildren,ashemarried
thriceduringhislifetime.Thewillwasadmittedforprobateandoneofthesons The fact that all the heirs of the estate have entered into an extrajudicial
wasappointedasanadministrator.Hefiledaccountingreportsindifferentdates settlementandpartitioninordertoputanendtotheirdifferencescannotinany
andthiswasopposedbysomeoftheheirs,onthegroundthattheshareofeach way be interpreted as a waiver of the objections of the heirs to the accounts
heir in the yearly produce was allegedly being diminished. Thereafter, an submittedbytheadministratornotonlybecausetosoholdwouldbeaderogation
extrajudicialpartitionancompromiseagreementwasenteredintobyallheirs.This ofthepertinentprovisionsofourrulesbutalsobecausethereisnothingprovided
wasapproved.Despitelackofhearingfortheaccounts,theadministratormoved insaidpartitionthattheaforesaidaccountsshallbedeemedwaivedorcondoned.
fortheclosureofproceedings,whichthecourtdulysustained.Thus,thisappeal. While the attitude of the heirs in concluding said extrajudicial settlement is
plausible and has contributed to the early settlement of the estate, the same
HELD: cannothoweverbeconsideredasreleaseoftheobligationoftheadministratorto
Section1ofRule86categoricallychargesanadministrator"withthewholeofthe prove his accounts. This is more so when, according to the oppositors, the
estate of the deceased which has come into his possession at the value of administrator has committed in his accounts a shortage in the amount of
appraisementcontainedintheinventory;withalltheinterest,profit,andincome P132,600.00whichcertainlycannotjustbebrushedasidebyameretechnicality.
ofsuchanestate;andwiththeproceedsofsomuchoftheestateasisholdbyhim,
atthepriceatwhichsold."Section8ofthesameruleimposesuponhimtheduty 111 PHIL.TRUSTCOMPANYV.LUZONSURETY
torenderanaccountofhisadministrationwithinoneyearfromhisappointment, 2SCRA122
unlessthecourtotherwisedirects,aswellastorendersuchfurtheraccountsasthe
courtmayrequireuntiltheestateisfullysettled.Section10likewiseprovidesthat FACTS:

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Picardwasontheonsetappointedastheadministratoroftheintestateesatateof the date of the first publication of the notice. However, at any time before an
Burt.Heaccordinglyfiledabond,withLuzonSuretyashissurety.Thereafter,due orderofdistributionisentered,onapplicationofacreditorwhohasfailedtofile
tofailuretodohisdutiesasadministratorproperly,hewasreplacedbyPTC.PTC his claim within the previously limited, the court may, for cause shown and on
reported that it only had in its possession a small amount of money but if the such terms as are equitable, allow such claim to be filed within a time not
accountspreviouslysubmittedbyPicardisreferredto,itwouldshowthatPicardis exceedingone(1)month.
accountable for a bigger amount of money. As such, the court ordered him to WHAT IS THE MAXIMUM PERIOD WHEN A COURT CAN ALLOW THE FILING OF
deliverthesame.Failingtoreallyaccountforhisdutiesandaccounting,thebond CLAIMS?
wasmadeliableandconsequentlyrevokedbythecourt. 12months
Timeperiod:6monthsto12months
HELD: The court can set a period less than 12 months but not less than 6
Appellant's contention that the probate court, ex proprio motu, cannot order the months
confiscation or forfeiture of an administrator's bond, is clearly without merit.
Whatevermaybetheruleprevailinginotherjurisdictions,inoursprobatecourtis WHENDOESTHE1MONTHPERIODCOMMENCE?
possessedwithanallembracingpowernotonlyinrequiringbutalsoinfixingthe Fromapprovalofthecourt
amount, and executing or forfeiting an administrator's bond. The execution or
forfeitureofanadministrator'sbond,isdeemedbeanecessarypartandincident CANTHECOURTSETALESSERTIMEPERIOD?
oftheadministrationproceedingsasmuchasitsfilingandthefixingofitsamount. Yes,the1monthisthemaximumperiod
Therule,therefore,isthattheprobatecourtmayhavesaidbondexecutedinthe
sameprobateproceeding. Section3.Publicationofnoticetocreditors.Everyexecutororadministratorshall,
immediately after the notice to creditors is issued, cause the same to be
Moreover, the condition of the administrator's bond in question is that Francis L. published three (3) weeks successively in a newspaper of general circulation in
Picardshallfaithfullyexecutetheordersanddecreesofthecourt;thatifhedidso, the province, and to be posted for the same period in four public places in the
theobligationshallbecomevoid,otherwiseitshallremaininfullforceandeffect. province and in two public places in the municipality where the decedent last
In having been established that Picard disbursed funds of the estate without resided.
authority, the conclusion follows that he had and his surety became bound upon
thetermsoftheirbond. WHATARETHEPOSTINGANDPUBLICATIONREQUIREMENTS?
1. Publication in newspapers of general circulation once a week for three
consecutiveweeks
RULE86
2. Postingofnoticeforsameperiodinfourpublicplacesintheprovince
CLAIMSAGAINSTESTATE
3. Postingofnoticeforsameperiodintwopublicplacesinthemunicipality
wheredecedentlastresided
Section 1. Notice to creditors to be issued by court. Immediately after granting
letterstestamentaryorofadministration,thecourtshallissueanoticerequiring Section 4. Filing of copy of printed notice. Within ten (10) days after the notice
allpersonshavingmoneyclaimsagainstthedecedenttofilethemintheofficeof has been published and posted in accordance with the preceding section, the
theclerkofsaidcourt. executororadministratorshallfileorcausetobefiledinthecourtaprintedcopy
ofthenoticeaccompaniedwithanaffidavitsettingforththedatesofthefirstand
Section 2. Time within which claims shall be filed. In the notice provided in the last publication thereof and the name of the newspaper in which the same is
precedingsection,thecourtshallstatethetimeforthefilingofclaimsagainstthe printed.
estate,whichshallnotbemorethantwelve(12)notlessthansix(6)monthsafter

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WHATSHOULDTHEADMINISTRATOROREXECUTORDOWITHIN10DAYSFROM WHEREMUSTACLAIMBASEDONASOLIDARYOBLIGATIONOFTHEDECEDENTBE
POSTINGANDPUBLICATION? FILED?
1. Executeanaffidavit Itmustbeclaimedfromtheestateasifthedecedentisthesoledebtor
a. Alldetailsofpostingandpublication Withoutprejudicetoreimbursementfromtheothersolidarydebtor
b. Datesoffirstandlastpublication Caveatthe creditor however is not precluded from filing claim against
c. Nameofnewspaperinwhichitwaspublished theothersolidarydebtor
2. Printedcopyofthenotice
Section7.Mortgagedebtduefromestate.Acreditorholdingaclaimagainstthe
Section 5. Claims which must be filed under the notice. If not filed, barred; deceased secured by mortgage or other collateral security, may abandon the
exceptions. All claims for money against the decedent, arising from contract, securityandprosecutehisclaiminthemannerprovidedinthisrule,andsharein
expressorimplied,whetherthesamebedue,notdue,orcontingent,allclaims the general distribution of the assets of the estate; or he may foreclose his
for funeral expenses and expense for the last sickness of the decedent, and mortgageorrealizeuponhissecurity,byactionincourt,makingtheexecutoror
judgmentformoneyagainstthedecedent,mustbefiledwithinthetimelimited administratorapartydefendant,andifthereisajudgmentforadeficiency,after
in the notice; otherwise they are barred forever, except that they may be set thesaleofthemortgagedpremises,orthepropertypledged,intheforeclosure
forthascounterclaimsinanyactionthattheexecutororadministratormaybring or other proceeding to realize upon the security, he may claim his deficiency
againsttheclaimants.Whereanexecutororadministratorcommencesanaction, judgmentinthemannerprovidedintheprecedingsectionorhemayrelyupon
orprosecutesanactionalreadycommencedbythedeceasedinhislifetime,the hismortgageorothersecurityalone,andforeclosurethesameatanytimewithin
debtormaysetforthbyanswertheclaimshehasagainstthedecedent,instead theperiodofthestatuteoflimitations,andinthateventheshallnotbeadmitted
of presenting them independently to the court as herein provided, and mutual asacreditor,andshallreceivenoshareinthedistributionoftheotherassetsof
claimsmaybesetoffagainsteachotherinsuchaction;andiffinaljudgmentis estate;butnothinghereincontainedshallprohibittheexecutororadministrator
rendered in favor of the defendant, the amount so determined shall be from redeeming the property mortgaged or pledged, by paying the debt for
considered the true balance against the estate, as though the claim had been which it is held as security, under the direction of the court, if the court shall
presenteddirectlybeforethecourtintheadministrationproceedings.Claimsnot adjudgeittobeforthebestinterestoftheestatethatsuchredemptionshallbe
yetdue,orcontingent,maybeapprovedattheirpresentvalue. made.

WHAT CLAIMS ARE BARRED IF NOT CLAIMED WITHIN THE PERIOD SET BY THE Section8.Claimofexecutororadministratoragainstanestate.Iftheexecutoror
RULES? administrator has a claim against the estate he represents, he shall give notice
1. Claimsformoneyarisingfromcontract thereof, in writing, to the court, and the court shall appoint a special
2. Contingentclaimsformoneyarisingfromcontract administrator,whoshall,intheadjustmentofsuchclaim,havethesamepower
3. Funeralexpenses and be subject to the same liability as the general administrator or executor in
4. Expensesforlastsicknessofdecedent the settlement of other claims. The court may order the executor or
5. Judgmentofmoneyagainstdecedent administratortopaytothespecialadministratornecessaryfundstodefendsuch
claim.
Section6.Solidaryobligationofdecedent.Wheretheobligationofthedecedent
issolidarywithanotherdebtor,theclaimshallbefiledagainstthedecedentasif ATWHATINSTANCESMAYASPECIALADMINISTRATORBEAPPOINTED?
heweretheonlydebtor,withoutprejudicetotherightoftheestatetorecover 1. Whenthereisdelayintheappointmentofadministratororexecutor
contributionfromthedebtor.Inajointobligationofthedecedent,theclaimshall 2. Whenthereisclaimsbytheadministratororexecutorhimself
beconfinedtotheportionbelongingtohim. 3. When the proceedings have ended and there are claims against the
estatefiledwithinthereglementaryperiod

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claim, the court may, in its discretion, allow him fifteen (15) days to file an
Section 9. How to file a claim. Contents thereof. Notice to executor or answertotheclaiminthemannerprescribedintheprecedingsection.
administrator. A claim may be filed by delivering the same with the necessary
voucherstotheclerkofcourtandbyservingacopythereofontheexecutoror Section 12. Trial of contested claim. Upon the filing of an answer to a claim, or
administrator. If the claim be founded on a bond, bill, note, or any other upon the expiration of the time for such filing, the clerk of court shall set the
instrument, the original need not be filed, but a copy thereof with all claim for trial with notice to both parties. The court may refer the claim to a
indorsements shall be attached to the claim and filed therewith. On demand, commissioner.
however,oftheexecutororadministrator,orbyorderofthecourtorjudge,the
original shall be exhibited, unless it be list or destroyed, in which case the Section 13. Judgment appealable. The judgment of the court approving or
claimantmustaccompanyhisclaimwithaffidavitoraffidavitscontainingacopy disapproving a claim, shall be filed with the record of the administration
or particular description of the instrument and stating its loss or destruction. proceedingswithnoticetobothparties,andisappealableasinordinarycases.A
Whentheclaimisdue,itmustbesupportedbyaffidavitstatingtheamountjustly judgment against the executor or administrator shall be that he pay, in due
due,thatnopaymentshavebeenmadethereonwhicharenotcredited,andthat course of administration, the amount ascertained to be due, and it shall not
therearenooffsetstothesame,totheknowledgeoftheaffiant.Iftheclaimis createanylienuponthepropertyoftheestate,orgivetothejudgmentcreditor
not due, or is contingent, when filed, it must also be supported by affidavits anypriorityofpayment.
statingtheparticularsthereof.Whentheaffidavitismadebyapersonotherthan
the claimant, he must set forth therein the reason why it is not made by the Section14.Costs.Whentheexecutororadministrator,inhisanswer,admitsand
claimant.Theclaimoncefiledshallbeattachedtotherecordofthecaseinwhich offers to pay part of a claim, and the claimant refuses to accept the amount
theletterstestamentaryorofadministrationwereissued,althoughthecourt,in offered in satisfaction of his claim, if he fails to obtain a more favorable
its discretion, and as a matter of convenience, may order all the claims to be judgment,hecannotrecovercosts,butmustpaytotheexecutororadministrator
collectedinaseparatefolder. costs from the time of the offer. Where an action commenced against the
deceased for money has been discontinued and the claim embraced therein
Section10.Answerofexecutororadministrator.Offsets.Withinfifteen(15)days presentedasinthisruleprovided,theprevailingpartyshallbeallowedthecosts
afterserviceofacopyoftheclaimontheexecutororadministrator,heshallfile ofhisactionuptothetimeofitsdiscontinuance.
his answer admitting or denying the claim specifically, and setting forth the
admissionordenial.Ifhehasnoknowledgesufficienttoenablehimtoadmitor
RULE87
deny specifically, he shall state such want of knowledge. The executor or
ACTIONSBYANDAGAINSTEXECUTORSANDADMINISTRATORS
administrator in his answer shall allege in offset any claim which the decedent
beforedeathhadagainsttheclaimant,andhisfailuretodososhallbartheclaim
forever.Acopyoftheanswershallbeservedbytheexecutororadministratoron Section1.Actionswhichmayandwhichmaynotbebroughtagainstexecutoror
the claimant. The court in its discretion may extend the time for filing such administrator. No action upon a claim for the recovery of money or debt or
answer. interestthereonshallbecommencedagainsttheexecutororadministrator;but
torecoverrealorpersonalproperty,oraninteresttherein,fromtheestate,orto
Section 11. Disposition of admitted claim. Any claim admitted entirely by the enforcealienthereon,andactionstorecoverdamagesforaninjurytopersonor
executor or administrator shall immediately be submitted by the clerk to the property,realorpersonal,maybecommencedagainsthim.
courtwhomayapprovethesamewithouthearing;butthecourt,initsdiscretion,
beforeapprovingtheclaim,mayorderthatknownheirs,legatees,ordeviseesbe WHATACTIONSMAYBEFILEDAGAINSTANADMINISTRATOROREXECUTOR?
notified and heard. If upon hearing, an heir, legatees, or devisee opposes the 1. Recoveryofrealorpersonalproperty,oraninteresttherein
2. Toenforcelienagainstanyrealorpersonalproperty

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3. Actionstorecoverdamagesforaninjurytopersonorproperty deed,conveyance,bond,contract,orotherwritingwhichcontainsevidenceofor
tendsordisclosestheright,title,interest,orclaimofthedeceased,thecourtmay
WHATACTIONSMAYNOTBEFILED? citesuchsuspectedpersontoappearbeforeitanymayexaminehimonoathon
Claimfortherecoveryofmoneyordebtorinterestthereon thematterofsuchcomplaint;andifthepersonsocitedrefusestoappear,orto
answeronsuchexaminationorsuchinterrogatoriesasareputtohim,thecourt
Section 2. Executor or administrator may bring or defend actions which survive. maypunishhimforcontempt,andmaycommithimtoprisonuntilhesubmitsto
For the recovery or protection of the property or rights of the deceased, an theorderofthecourt.Theinterrogatoriesputanysuchperson,andhisanswers
executororadministratormaybringordefend,intherightofdeceased,actions thereto,shallbeinwritingandshallbefiledintheclerk'soffice.
forcauseswhichsurvive.
Section7.Personentrustedwithestatecompelledtorenderaccount.Thecourt,
Section 3. Heir may not sue until shall assigned. When an executor or oncomplaintofanexecutororadministrator,mayciteapersonentrustedbyan
administratorisappointedandassumesthetrust,noactiontorecoverthetitleor executororadministratorwithanypartoftheestateofthedeceasedtoappear
possession of lands or for damages done to such lands shall be maintained beforeit,andmayrequiresuchpersontorenderafullaccount,onoath,ofthe
against him by an heir or devisee until there is an order of the court assigning money,goods,chattels,bonds,account,orotherpapersbelongingtosuchestate
suchlandstosuchheirordeviseeoruntilthetimeallowedforpayingdebtshas ascametohispossessionintrustforsuchexecutororadministrator,andofhis
expired. proceedingsthereon;andifthepersonsocitedrefusestoappeartorendersuch
account, the court may punish him for contempt as having disobeyed a lawful
Section 4. Executor or administrator may compound with debtor. Within the orderofthecourt.
approval of the court, an executor or administrator may compound with the
debtorofthedeceasedforadebtdue,andmaygiveadischargeofsuchdebton WHOMAYBECOMPELLEDOTHERTHANTHEADMINISTRATOROREXECUTOR,TO
receivingajustdividendoftheestateofthedebtor. RENDERANACCOUNT?
Apersonentrustedbyanexecutororadministratorwithanypartofthe
WHATDOESITMEANFORTHEADMINISTRATOROREXECUTORTOCOMPOUND estateofthedeceased
WITHTHEDEBTOR?
It means to enter into a compromise agreement with the deceaseds Section8.Embezzlementbeforelettersissued.Ifaperson,beforethegrantingof
debtor letters testamentary or of administration on the estate of the deceased,
Hemaydoso,withtheapprovalofthecourt embezzles or alienates any of the money, goods, chattels, or effects of such
Heshallaccountfortheamountrecoveredonthedebtdue deceased, such person shall be liable to an action in favor of the executor or
administratoroftheestatefordoublethevalueofthepropertysold,embezzled,
Section5.Mortgagedueestatemaybeforeclosed.Amortgagebelongingtothe oralienated,toberecoveredforthebenefitofsuchestate.
estateofadeceasedperson,asmortgageeorassigneeoftherightoramortgage,
maybeforeclosedbytheexecutororadministrator. Section9.Propertyfraudulentlyconveyedbydeceasedmayberecovered.When
executororadministratormustbringaction.Whenthereisadeficiencyofassets
Section 6. Proceedings when property concealed, embezzled, or fraudulently in the hands of an executor or administrator for the payment of debts and
conveyed. If an executor or administrator, heir, legatee, creditor or other expensesofadministration,andthedeceasedinhislifetimehadconveyedrealor
individualinterestedintheestateofthedeceased,complainstothecourthaving personalproperty,orarightorinteresttherein,orandebtorcredit,withintent
jurisdiction of the estate that a person is suspected of having concealed, todefraudhiscreditorsortoavoidanyright,debt,orduty;orhadsoconveyed
embezzled, or conveyed away any of the money, goods, or chattels of the suchproperty,right,interest,debtorcreditthatbylawtheconveyancewouldbe
deceased, or that such person has in his possession or has knowledge of any voidasagainsthiscreditors,andthesubjectoftheattemptedconveyancewould

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be liable to attachment by any of them in his lifetime, the executor or Here,thecourtsitsasaprobatecourt.Saidcourtisprimarilyconcernedwiththe


administratormaycommenceandprosecutetofinaljudgmentanactionforthe administration, liquidation and distribution of the estate. For these purposes,
recovery of such property, right, interest, debt, or credit for the benefit of the propertyinthehandsoftheestate'sadministratorcomeswithinthepowerofthe
creditors; but he shall not be bound to commence the action unless on probatecourt.
applicationofthecreditorsofthedeceased,notunlessthecreditorsmakingthe
applicationpaysuchpartofthecostsandexpenses,orgivesecuritythereforto With the foregoing as parting point, let us look at the administrator's claim for
theexecutororadministrator,asthecourtdeemsequitable. rentals allegedly due. The amount demanded is not, by any means, liquidated.
Conceivably,thelesseemayinterposedefenses.Compromise,payment,statuteof
Section10.Whencreditormaybringaction.Lienforcosts.Whenthereissucha limitations, lack of cause of action and the like, may be urged to defeat the
deficiencyofassets,andthedeceasedinhislifetimehadmadeorattemptedsuch administrator's case. Here, appellee's opposition to the motion served a warning
a conveyance, as is stated in the last preceding section, and the executor or that at the proper time he will set up the defense that the administrator, as
administratorhasnotcommencedtheactionthereinprovidedfor,anycreditorof attorneyinfactofthedeclaredheirs,hadtheretoforesoldtheestate'stwofourths
the estate may, with the permission of the court, commence and prosecute to shareinHaciendaRosariotogetherwith"alltherights,titleandinterest(including
finaljudgment,inthenameoftheexecutororadministrator,alikeactionforthe allaccruedrents)thatsaidheirshadinheritedfromthesaiddeceased."Appellant
recovery of the subject of the conveyance or attempted conveyance for the administratorinhisreplytotheoppositionadmitsthefactofsaleoftheland,but
benefitofthecreditors.Buttheactionshallnotbecommenceduntilthecreditor notoftherentalsdue.Accordingly,therighttocollecttherentalsisstillinafluid
has filed in a court a bond executed to the executor or administrator, in an state. That right remains to be threshed out upon a fulldress trial on the merits.
amount approved by the judge, conditioned to indemnify the executor or Because of all of these, the money (rentals) allegedly due is not property in the
administratoragainstthecostsandexpensesincurredbyreasonofsuchaction. handsoftheadministrator;itisnotthuswithintheeffectivecontroloftheprobate
Suchcreditorshallhavealienuponanyjudgmentrecoveredbyhimintheaction court. Neither does it come within the concept of money of the deceased
forsuchcostsandotherexpensesincurredthereinasthecourtdeemsequitable. "concealed, embezzled, or conveyed away", which would confer upon the court
Where the conveyance or attempted conveyance had been made by the incidentalprerogativetoreachoutitsarmstogetitbackand,ifnecessary,tocite
deceased in his lifetime in favor of the executor or administrator, the action thepossessorthereofincontempt.
whichacreditmaybringshallbeinthenameofallthecreditors,andpermission
ofthecourtandfilingofbondasaboveprescribed,arenotnecessary. 113 QUIRINOV.GOROSPE
169SCRA702
112 DELACRUZV.CAMON
16SCRA886 FACTS:
Thisinvolvesthesettlementofissuesclaimedbydifferentpartiestotheintestate
FACTS: proceedings of Don Alfonso. Mostly are claims for attorneys fees as well as
TheestateofFallonandMurphyowneda2/4prodivisoshareinHaciendaRosario. different expenses incurred with respect to acts of administration of the estate.
Camon was the lessee of the said land long before intestate proceedings have Thecourtdecidedtheissuesbypiecemeal.
commenced. Dela Cruz as administrator of the estate, filed a motion in the
probatecourttoorderCamontopaytheestateitsshareintherentalsforacertain HELD:
span of years over the rice and agricultural lands. Camon alleged on the other Ontheissueofclaimsagainsttheestateforattorneysfeesandfortransportation
handthattheprobatecourtdoesnthavejurisdictionoverhisperson. andrepresentationexpensestheterm"claims"requiredtobepresentedagainsta
decedent'sestateisgenerallyconstruedtomeandebtsordemandsofapecuniary
HELD: nature which could have been enforced against the deceased in his lifetime or
liability contracted by the deceased before his death. It is important to note that

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movants claims for attorney's fees and transportation as wen as representation Upontheotherhand,Rule88,section1,enumeratesactionsthatsurviveagainsta
expenses are for services rendered to the alleged substituted heirs of Don Juan decedent's executors or administrators, and they are: (1) actions to recover real
CastellviandsuchservicesdidnotinuretothebenefitofDonAlfonsoCastellvior and personal property from the estate; (2) actions to enforce a lien thereon; and
his estate. The court charged with the settlement of the estate of Don Alfonso (3)actionstorecoverdamagesforaninjurytopersonorproperty.Thepresentsuit
Castellvi is bound to protect the estate from any disbursements based on claims is one for damages under the last class, it having been held that "injury to
notchargeabletotheestate. property"isnotlimitedtoinjuriestospecificproperty,butextendstootherwrongs
bywhichpersonalestateisinjuredordiminished.Tomaliciouslycauseapartyto
WithrespecttotheissueofexpensesrelatedtoactsofadministrationWithregard incur unnecessary expenses, as charged in this case, is certainly injurious to that
to Floro's claim for payment for services rendered to the estate of Don Alfonso party'sproperty.
Castellvi,theruleisthatwherethemonetaryclaimagainsttheadministratorhasa
relationtohisactsofadministrationintheordinarycoursethereof,suchclaimscan 115 MELGARV.BUENVIAJE
be presented for payment with the court where a special proceeding for the 179SCRA196
settlementoftheestateispending,althoughsaidclaimswerenotincurredbythe
deceasedduringhislifetimeandcollectibleafterhisdeath.Thisisso,becausethe FACTS:
administrationisunderthedirectsupervisionofthecourtandtheadministratoris Avehicularcollisionhappenedamong2passengerbusesandaFordFiera.Thebus
subjecttoitsauthority. owned by Bella suddenly swerved to the left lane and collided headon with the
Fiera.Itfurtherswervedtotheleftlaneandcollidedagainwiththeotherbus.This
114 AGUASV.LILEMOS causedtheinjuriesanddeathsofmany.Thevictimsinthiscasethenconsequently
5SCRA959 filedacaseagainsttheheirsofBellathelatterhavingbeenkilledintheaccident.

FACTS: HELD:
Hermogenes Llemos on the relevant date, mailed a copy of a petition for the UnderSection5Rule86oftheRulesofCourt,actionsthatareabatedbydeathare:
issuanceofawritofpossessiontoAguasandothers.Helikewiseindicatedthathe (1) All claims for money against the decedent, arising from contract, express or
willfilethesame.ThispromptedAguasandotherstotravelallthewaytoSamar implied,whetherthesamebedue,notdueorcontingent;(2)Allclaimsforfuneral
with their lawyers, only to find out that no petition has been filed. This expensesandexpensesforthelastsicknessofthedecedent;and(3)Judgmentsfor
consequently led to a case filed against Llemos but the latter died eventually. moneyagainstthedecedent.Itisevidentthatthecaseatbarisnotamongthose
Aguas and others then modified their complaint, including therein the heirs of enumerated.Otherwisestated,actionsfordamagescausedbythetortiousconduct
Llemos.Theyallegedamongothersthatthedeathofthedefendantdoesntabate ofthedefendantsurvivethedeathofthelatter.
thecauseofactionfortort.
TheactioncanthereforebeproperlybroughtunderSection1,Rule87oftheRules
HELD: ofCourt,againstanexecutororadministrator.
Under Rule87, section 5, the actions that are abatedby deathare: (1) claimsfor
funeralexpensesandthoseforthelastsicknessofthedecedent;(2)judgmentsfor Thepointofcontroversyishoweveronthefactthatnoestateproceedingsexistfor
money; and (3) "all claims for money against the decedent, arising from contract thereasonthatherchildrenhadnotfiledanyproceedingsforthesettlementofher
expressorimplied".Noneoftheseincludesthatoftheplaintiffsappellants;foritis estate,claimingthatBallaleftnoproperties.
not enough that the claim against the deceased party be for money, but it must Thus,whilepetitionersmayhavecorrectlymovedforthedismissalofthecaseand
arisefrom"contractexpressorimplied". privaterespondentshaveforthwithcorrectedthedeficiencybyfilinganamended
complaint, even before the lower court could act on petitioner's motion for
reconsiderationofthedenialoftheirmotiontodismiss,theactionunderSection

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17 of Rule 3 of the Rules of Court, which allows the suit against the legal 8. JuanaandClaudiosubsequentlydied.Saludnowcameforthandfiledfor
representativeofthedeceased,thatis,theexecutororadministratorofhisestate, reconveyance of the land, on the ground that the deed of sale was null
wouldstillbefutile,forthesamereasonthatthereappearstobenostepstaken andvoidandwasprocuredthroughfraud.
towardsthesettlementoftheestateofthelateFelicidadBalla,norhasanexecutor
or administrator of the estate been appointed. From the statement made by the HELD:
petitioners that "many persons die without leaving any asset at all" which Thepetitionerswouldalsofaulttheprivaterespondentsforlachesandarguethat
insinuates that the deceased left no assets, it is reasonable to believe that the Salud's inaction in protection of her rights should bar her from asserting them at
petitioners will not take any step to expedite the early settlement of the estate, thislatehour.Specifically,itispointedoutthatshefailedtoregisterthedeedof
judiciallyorextrajudiciallyifonlytodefeatthedamagesuitagainsttheestate. donationanditsacceptance;didnotopposetheinclusionofthesubjectlandinthe
inventory of Perfecta's properties submitted in the intestate proceedings; did not
116 PAJARILLOV.IAC objecttotheadjudicationofthelandtoJuanaintheprojectofpartition;didnot
176SCRA340 protestthesaleofthelandtoClaudioSuterio;anddidnotquestionitsregistration
in his name. It is contended that all these acts constitute laches, which has been
FACTS: describedbythisCourtthus:
1. The mother was Juana Balane de Suterio, who had a brother named
FelipeBalaneandasisternamedPerfectaBalanedeCordero. An estoppel by laches arises from the negligence or omission to assert a right
2. Perfectadiedin1945leavingatractofland.JuanaandFelipeexecuteda within a reasonable time, warranting a presumption that the party entitled to
publicinstrumententitled"ExtrajudicialSettlementoftheEstateofthe assertiteitherhasabandoneditordeclinedtoassertit.
Deceased Perfecta Balane de Cordero." These instruments were never
registerednorwastitletransferredinSalud'snamealthoughshesaysshe Theproblemwiththepetitioners'theoryisthatitwouldregardJuanaandSaludas
immediatelytookpossessionoftheland. strangerswhentheyareinfactmotheranddaughter.Onemayexpectapersonto
3. Meantime, intestate proceedings were instituted on the estate of be vigilant of his rights when dealing with an acquaintance or associate, or even
Perfectaandthesaidlandwasamongthoseincludedintheinventoryof with a friend, but not when the other person is a close relative, as in the case at
thepropertiesbelongingtothedecedent. bar.Tobeginwith,thelandcamefromJuanaherself.Secondly,sherequestedher
4. Salud interposed no objection to its inclusion nor did she oppose its daughternottoregisterthelandaslongasshewasstillalivesoshecouldenjoyits
subsequentadjudicationtohermotherJuanaintheprojectofpartition. fruits until her death. To Salud, it was not difficult to comply with this request,
5. ItisnotclearifthelandwaseverregisteredinJuana'sname.However, comingasitdidfromherownmother.Therewasnoreasontodisobeyher.Shedid
thereisevidencethatJuanaconfirmedtheearlierdonationofthelandto nothavetoprotectherselfagainstherownmother.Indeed,whatwouldhavebeen
Saludbutrequestedthatshebeallowedtopossessthesameandenjoy unseemlywasherregisteringthelandagainsthermother'srequestasifshehadno
itsfruits,untilherdeath. confidence in her. Salud did no less than what any dutiful daughter would have
6. Salud says that sometime in 1951, acceding to this request, she doneunderthecircumstances.
transferred the possession of the land to her mother, who was then
staying with Claudio and his family. During the period they were If Salud did not protest the inclusion of the land in the inventory of Perfecta's
occupyingtheland,Claudiopaidtherealtytaxesthereon. propertiesanditssubsequentadjudicationtoJuanaintheintestateproceedings,it
7. A deed of sale was executed by Juana in favor of Claudio for a was because she did not feel threatened by these acts. She did not distrust her
consideration of P12,000. Years later, Claudio registered the land in his mother. Moreover, Juana had herself acknowledged the donation when she was
name. asked in whose name the property would be registered following the intestate
proceedings.Saludfeltsafebecauseshehadtheextrajudicialsettlementtorelyon
toprovethathermotherandherunclehaddonatedthesubjectlandtoher.

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the heirs of the deceased widow are not heirs of the testatorhusband, but the
117 BERNARDOV.CA widowis,inadditiontoherownrighttotheconjugalproperty.Anditisthisright
7SCRA367 thatisbeingsoughttobeenforcedbyhersubstitutes.Therefore,theclaimthatis
being asserted is one belonging to an heir to the testator and, consequently, it
FACTS: complies with the requirement of the exception that the parties interested (the
Capili and Reyes were husband and wife. When Capili died, testate proceedings petitionersandthewidow,representedbydents)areallheirsclaimingtitleunder
wereinstituted.Hiswillwasdulyprobatedandtheheirsweredeterminedtobe thetestator.
his widow and cousins. Thereafter, Reyes died and was substituted by her own
collateralrelatives.Aprojectofpartitionwassubmittedbytheadministratorand 118 GUANCOV.NATIONALBANK
thiswasopposedbythewifescollateralrelatives.Theyaverredthatsomeofthe 54PHIL244
propertiesofthehusbandwerenthisexclusivelybutoftheconjugalpartnership.
Ontheonehand,theotherpartiesaverredthatitisexclusivepropertybyvirtueof FACTS:
thedeedofdonationexecutedbythewifeduringherlifetime,donatinghershare The now deceased Guanco during his lifetime obtained a loan from PNB. He
in the conjugal property to her husband. The court found the deed of donation furnishedthebankwithhissharesindifferentcorporationsassecurityfortheloan.
voidandthatthepropertiesindisputewereconjugalinnature. Whenhedied,oneofthecorporations,forwhichhehassharesofstock,issuedto
the bank a promissory note with an amount covering the debt of Guanco. It
HELD: likewisefurnishedthebankwithadditionalsecuritytocoveranyadditionalloanit
Inalineofdecisions,thisCourtconsistentlyheldthatasageneralrule,questionas wouldliketotakefromthebank.Inthemeantime,theadministratorintheestate
to title to property cannot be passed upon on testate or intestate proceedings, proceedingsmovedthatthebankmanagerpresenthimselfincourtwithrespectto
except where one of the parties prays merely for the inclusion or exclusion from the shares of stock being held by him. The bank manager didnt appear but
the inventory of the property, in which case the probate court may pass instead,thecounselofthebankfiledamotion,allegingthereinthatthesharesin
provisionally upon the question without prejudice to its final determination in a questionwerestillinitspossessionassecurityfortheoutstandingdebtofGuanco.
separateaction.However,wehavealsoheldthatwhenthepartiesinterestedare Thereafter, the administrator prayed that the shares be brought in court. The
all heirs of the deceased, it is optional to them to submit to the probate court a court ordered for the same and the bank sought reconsideration on the ground
question as to title to property, and when so submitted, said probate court may thatthecourtexceededitsjurisdiction.
definitelypassjudgmentthereon;andthatwiththeconsentoftheparties,matters
affectingpropertyunderjudicialadministrationmaybetakencognizanceofbythe HELD:
courtinthecourseofintestateproceeding,providedinterestsofthirdpersonsare Upon appeal to this court, counsel for the bank maintains that the court below
notprejudiced. exceededitsjurisdictioninorderingthedeliveryofthesharestotheadministrator
inaproceedingundersection709oftheCodeofCivilProcedure.Thiscontentionis
Inthecasenowbeforeus,thematterincontroversyisthequestionofownership entirelycorrect.
of certain of the properties involved whether they belong to the conjugal
partnership or to the husband exclusively. This is a matter properly within the As will be seen, the section quoted only provides a proceeding for examining
jurisdiction of the probate court which necessarily has to liquidate the conjugal personssuspectedofhavingconcealed,embezzled,orconveyedawaypropertyof
partnership in order to determine the estate of the decedent which is to be the deceased or withholds information of documentary evidence tending to
distributed among his heirs who are all parties to the proceedings, including, of disclose rights or claims of the deceased to such property or to disclose the
course,thewidow,nowrepresentedbecauseofherdeath,byherheirswhohave possessionofhislastwillandtestament.Thepurposeoftheproceedingistoelicit
been substituted upon petition of the executor himself and who have appeared evidence, and the section does not, in terms, authorize the court to enforce
voluntarily.Therearenothirdpartieswhoserightsmaybeaffected.Itistruethat

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delivery of possession of the things involved. To obtain the possession, recourse


mustthereforegenerallybehadtoanordinaryaction. HELD:
Insupportofthefirstassignmentoferror,theappellantcontendsthatthereisno
Inissuingtheorderfromwhichtheappealhasbeentaken,thecourtbelowrelied law justifying the order made by the lower court, citing her to appear and to
largelyonadictumintheAlafrizcasethat"theremaybecases,wherepapersand declareconcerningthequestionwhethershehadpropertybelongingtotheestate.
documentary evidence of ownership of property are held by a third person She also contends that the administrator should have proceeded by an ordinary
belongingtotheestateofadeceasedperson,inwhichitwouldbeperfectlyproper action,ifhebelievedthatshehadinherpossessionpropertyoftheestate.Section
to the court to order the same turned over to the court." That may be true; it 709oftheCodeofProcedureinCivilActions(ActNo.190)expresslyauthorizesthe
might, for instance, apply to the possession of a will. But in the same case, the orderofwhichcomplaintismade.
court also said that "the court had no right to deprive her (the appellant) of her
evidence relating to the property, until the question of ownership had been Onthesecondandthirdassignmentsoferror,itistobenotedthatthepawnticket
settled." showed that it had been issued to the deceased Navarro. That fact, perhaps,
constitutedprimafacieproofofownership,butitcertainlywasnotabsoluteproof
Thatispracticallythiscase.Thebankmaintainsthatthepledgeofthe250sharesis of ownership. The lower court not only ordered the appellant to turn the pawn
stillinforce.Itmayhavedocumentaryevidencetothateffect,anditwasnotunder ticketovertotheclerk,butalsoorderedtheadministratortopaytotheclerkwith
obligation to turn such evidence over to the court or to a third party, on the whichtoredeemsaidjewels.Inaccordancewiththeorderofthecourt,theclerk
strength of a citation under section 709. The possession of the certificates of the did actually redeem said jewels and now has them in his possession. All this was
shares in question is a part of that evidence and it is obvious that if they are done without permitting the appellant to be jewels did, in fact, belong to the
surrenderedtotheadministratoroftheestateandpossiblydisposedofbyhim,the appellantthen,ofcourse,thecourthadnorighttodepriveherofthepawnticket,
bank will lose its day in court, and its rights can only be determined in a nortousethefundsoftheestateinredeemingthem.Thereisnothinginsection
correspondingaction. 709whichjustifiestheorderscomplainedofinthesecondandthirdassignmentsof
error. Said section (709) simply provides that "the court may cite such suspected
119 ALAFRIZV.MINA person to appear before it and may examine him on oath on the matter of such
28PHIL137 complaint." There is nothing in the section which authorizes the court to take
possession of the property, if any should be found in the possession of the
FACTS: defendantorofthepersoncited.If,uponthehearing,therewasgoodreasonfor
Alafriz was the administrator of the estate of Navarro. He filed a motion for the believingthatthepersoncitedhadpropertyinhisorherpossessionbelongingto
courttoorderMinatoproduceadocumentevincingthedepositmadebyNavarro the estate, then it was the duty of the administrator to proceed by an ordinary
tosecurealoanheearlierobtained.Minacompliedwiththesubsequentorderof actiontorecoverpossessionofthesame.Theremaybecases,wherepapersand
thecourtbysurrenderingthepawntickettotheclerkandatthesametime,prayed documentary evidence of ownership of property are held by a third person
tobeexemptedfromthesamebyaverringthatsheandhermotherwerethereal belongingtotheestateofadeceasedperson,inwhichitwouldbeperfectlyproper
ownersofthejewelry.Thejewelryinquestionwaslaterincludedintheinventory forthecourttoorderthesameturnedovertothecourt.Wedonotnow,however,
ofpropertiesoftheestate,towhichMinaprayedthatitberatherexcluded.She attemptinanywaytoindicatewhatwouldbesuchaconditionnoreventofinally
also prayed to be further heard so that she could prove her ownership over the decide that such a condition might exist. In the present case the defendant was
properties. However, she was overruled and the property in question was still entitledtoretainpossessionofthepawnticket,untilthequestionoftheownership
included in the inventory. She appealed this on several groundsamong others, of the jewels should be determined in the proper way. The court had no right to
thatthereisnolegalbasistoorderhertoproducethepawnticket;thatthecourt deprive her of her evidence relating to the property, until the question of
was wrong to order Alafriz to institute adequate actions against Mina as may be ownershiphadbeensettled.
necessaryinfurtheranceofhisdutiesasadministrator.

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Regarding the court ordering Alafriz to institute actions against Mina as may be bondwithsufficientsurety,tobeapprovedbythejudge,conditionedtoindemnify
necessary in furtherance of his claims, this order, it would seem, was not theexecutororadministratoragainstthecostsofsuchaction.Suchcreditorshall
authorized in the proceedings then pending, neither was the order directing the havealienuponthejudgmentbyhimsorecoveredforthecostsincurredandsuch
administrator to pay, out of the funds of the estate, the amount necessary to otherexpensesasthecourtdeemsequitable.
redeem the jewels, until the question of ownership had been settled. No
complaint,however,isheremadebyanyone,relatingtothatorder.Thatpartof Theremedyoftheappellantsis,therefore,toindemnifytheadministratoragainst
theordermayproperlybeconsideredwhentheadministratorrendershisaccount. costsand,byleaveofcourt,toinstituteanactioninthenameoftheadministrator
If,however,theestateorPiaMinahasbeendamagedbysaidorder,suchdamages to set aside the assignment or other conveyance believed to have been made in
may,perhaps,besettledinanactionbroughtforthepurposeofdeterminingthe fraudofcreditors.
ownershipofthejewels.Forthepresentwearenotinclinedtorevokesaidorder.It
may finally appear that the jewels actually belonged to the estate and not to Pia 121 VELASQUEZV.GEORGE
Mina. In that case the jewels will then be where they can be turned over to the 125SCRA456
administratorwithoutfurtherdelay.
FACTS:
120 HEIRSOFGREGORIEV.BAKER Defendantsmortgagors are officers of the Island Associates Inc. Andres Muoz,
51PHIL75 asidefrombeingthetreasurerdirectorofsaidcorporation,wasalsoappointedand
qualified as administrator of the estate of Benjamin George in the above special
FACTS: proceedings. In life, the latter owned 64.8 percent or 636 shares out of the
Baker was the appointed administrator of the estate of Ankrom. When he outstanding 980 shares of stock in the corporation. Without the proper approval
preparedtheinventoryoftheestate,hemistakenlyincludedatractofland.The from the probate court and without notice to the heirs and their counsel, the
heirsofGregorieduringtheproceedingfiledtheirclaimagainsttheestate,based defendantsmortgagorsexecutedaDeedofFirstRealEstateMortgageinfavorof
on a foreign judgment, which was duly accepted by the court. The assets of the thedefendantmortgageeErlindaVillanueva,coveringthreeparcelsoflandowned
estateseemedsufficienttocoveralldebts.However,onasubsequentdate,Baker by Island Associates. In said Deed, the defendantsmortgagors also expressly
discoveredthatduringAnkromslifetime,heobtainedaloanfromPTCsecuredby waived their right to redeem the said parcels. Subsequently, a power of attorney
thelandindispute.Andthatafewdaysaftertheloanandmortgage,heconveyed was executed by the defendantsmortgagors in favor of Villanueva whereby the
the land to a certain person in Ohio for a consideration of P1 and other valuable latter was given the full power and authority to cede, transfer, and convey the
consideration. As such, Baker filed an amended inventory and was approved by parcelsoflandwithinthereglementaryperiodprovidedbylawforredemption.A
thecourt. certificateofsalewasconsequentlyissuedtoVillanueva.Theplaintiffsthenfileda
complaint for the annulment of the same but was overruled by the court. The
HELD: courtheldthattheSECistheproperforumfortheircomplaint.
Whenthereisadeficiencyofassetsinthehandsofanexecutororadministratorto
paydebtsandexpenses,andwhenthedeceasedpersonmadeinhislifetimesuch HELD:
fraudulent conveyance of such real or personal estate or of a right or interest Whether or not the mortgage contract, with an unusual provision whereby the
therein, as is stated in the preceding section, any creditor of the estate may, by mortgagors waived their right to redeem the mortgaged property, could be
license of the court, if the executor or administrator has not commenced such executedwithoutproperapprovaloftheprobatecourtandwithoutnoticetothe
action,commenceandprosecutetofinaljudgment,inthenameoftheexecutoror widow and legitimate children of the deceased is a matter clearly within the
administrator, an action for the recovery of the same and may recover for the authorityofatrialcourttodecide.Ifinthecourseoftrial,thecourtbelievesthat
benefit of the creditors, such real or personal estate, or interest therein so thevalidityofthecompositionoftheboardofdirectorsisabsolutelynecessaryfor
conveyed.Butsuchactionshallnotbecommenceduntilthecreditorfilesincourta resolutionoftheissuesbeforeit,theremedyis,atmost,torequirethatoneissue

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tobethreshedoutbeforetheSecuritiesandExchangeCommissionandtoholdin the hands of the executor or administrator sufficient assets to pay the claim
abeyance,thetrialonthemeritsoftheprincipalissuesinthemeantime.Certainly, disputedandappealed.Whenadisputedclaimisfinallysettledthecourthaving
the solution is not for the lower court to surrender its judicial questions to an jurisdiction of the estate shall order the same to be paid out of the assets
administrativeagencyforresolution. retainedtothesameextentandinthesameproportionwiththeclaimsofother
creditors.
Theadministratorisnottheproperpartytoinstitutetheaction.Theadministrator,
Andres Muoz, is the same person charged by the plaintiffsappellants to have Section13.Whensubsequentdistributionofassetsordered. Ifthewholeofthe
voted in the board of directors without securing the proper authority from the debts are not paid on the first distribution, and if the whole assets are not
probate court to which he is accountable as administrator. In Ramirez v. Baltazar distributed, or other assets afterwards come to the hands of the executor or
(24SCRA918),weruledthat"sincethegroundforthepresentactiontoannulthe administrator, the court may from time to time make further orders for the
aforesaid foreclosure proceedings is the fraud resulting from such insidious distributionsofassets.
machinationsandcollusioninwhichtheadministratorhasallegedlyparticipated,it
wouldbefarfetchedtoexpectthesaidadministratorhimselftofiletheactionin Section 14. Creditors to be paid in accordance with terms of order. When an
behalfoftheestate.Andwhoelsebuttheheirs,whohaveaninteresttoassertand orderismadeforthedistributionofassetsamongthecreditors,theexecutoror
to protect, would bring the action? Inevitably, this case should fall under the administrationshall,assoonasthetimeofpaymentarrives,paythecreditorsthe
exception, rather than the general rule that pending proceedings for the amountsoftheirclaims,orthedividendthereon,inaccordancewiththetermsof
settlementoftheestate,theheirshavenorighttocommenceanactionarisingout suchorder.
of the rights belonging to the deceased." The case at bar falls under such an
exception. Section 15. Time for paying debts and legacies fixed, or extended after notice,
within what periods. On granting letters testamentary or administration the
court shall allow to the executor or administrator a time for disposing of the
RULE88
estateandpayingthedebtsandlegaciesofthedeceased,whichshallnot,inthe
PAYMENTOFTHEDEBTSOFTHEESTATE
first instance, exceed one (1) year; but the court may, on application of the
executororadministratorandafterhearingonsuchnoticeofthetimeandplace
Section 1. Debts paid in full if estate sufficient. If, after hearing all the money thereforgiventoallpersonsinterestedasitshalldirect,extendthetimeasthe
claims against the estate, and after ascertaining the amount of such claims, it circumstances of the estate require not exceeding six (6) months for a single
appears that there are sufficient assets to pay the debts, the executor or extension not so that the whole period allowed to the original executor or
administratorpaythesamewithinthetimelimitedforthatpurpose. administratorshallexceedtwo(2)years.

Section 11. Order for payment of debts. Before the expiration of the time Section 2. Part of estate from which debt paid when provision made by will. If
limitedforthepaymentofthedebts,thecourtshallorderthepaymentthereof, the testator makes provision by his will, or designates the estate to be
and the distribution of the assets received by the executor or administrator for appropriatedforthepaymentofhisdebts,theexpensesofadministration,orthe
thatpurposeamongthecreditors,asthecircumstancesoftheestaterequireand familyexpenses,theyshallbepaidaccordingtotheprovisionsofthewill;butif
inaccordancewiththeprovisionsofthisrule. the provision made by the will or the estate appropriated, is not sufficient for
that purpose, such part of the estate of the testator, real or personal, as is not
Section 12. Orders relating to payment of debts where appeal is taken. If an disposedofbywill,ifanyshallbeappropriatedforthatpurpose.
appealhasbeentakenfromadecisionofthecourtconcerningaclaim,thecourt
may suspend the order for the payment of the debts or may order the Section3.Personaltyfirstchargeablefordebts,thenrealty.Thepersonalestate
distributionsamongthecreditorswhoseclaimsaredefinitelyallowed,leavingin ofthedeceasednotdisposedofbywillshallbefirstchargeablewiththepayment

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of debts and expenses; and if said personal estate is not sufficient for that executororadministratorissufficient.Butiftheclaimisnotsopresented,after
purpose, or its sale would redound to the detriment of the participants for the having become absolute, within said two (2) years, and allowed, the assets
estate,thewholeoftherealestatenotdisposeofbywill,orsomuchthereofas retained in the hands of the executor or administrator, not exhausted in the
isnecessary,maybesold,mortgaged,orotherwiseencumberedforthatpurpose payment of claims, shall be disturbed by the order of the court to the persons
by the executor or administrator, after obtaining the authority of the court entitled to the same; but the assets so distributed may still be applied to the
therefor. Any deficiency shall be met by contributions in accordance with the paymentoftheclaimwhenestablished,andthecreditormaymaintainanaction
provisionsofsection6ofthisrule. against the distributees to recover the debt, and such distributees and their
estates shall be liable for the debt in proportion to the estate they have
Section6.Courttofixcontributiveshareswheredevisees,legalitees,orheirshave respectivelyreceivedfromthepropertyofthedeceased.
been possession. Where devisees, legalitees, or heirs have entered into
possession of portions of the estate before the debts and expenses have been PAYMENTOFCONTINGENTCLAIMS
settledandpaid,andhavebecomeliabletocontributeforthepaymentofsuch Ifthecontingentclaimbecomesabsoluteandispresentedtothecourtas
debtsandexpenses,thecourthavingjurisdictionoftheestatemay,byorderfor an absolute claim within 2 years from the time allowed for the
that purpose, after hearing, settle the amount of their several liabilities, and presentation of claims, it will be paid in the same manner as the other
orderhowmuchandinwhatmannereachpersonshallcontribute,andmayissue absoluteclaims
executionascircumstancesrequire. After said period, the creditor may proceed against the distributees,
providedsaidcontingentclaimshadbeenseasonablyfiledinandallowed
PAYMENTOFDEBTSMUSTBETAKENFROMTHEFOLLOWING,INTHISORDER bytheprobatecourt
1. Fromtheportionorpropertydesignatedinthewill The property reserved for payment of such contingent claims may
2. Fromthepersonalpropertyand thereforeberetainedonlywithinthetwoyearperiodasthereafter,the
3. Fromtherealproperty sameshallbeincludedamongassetsfordistributiontotheheirs

MAYTHECOURTISSUEAWRITOFEXECUTIONFORTHEPAYMENTOFLEGACY? Section 7. Order of payment if estate insolvent If the assets which can be
Nosincethelegacyisnotadebtoftheestate appropriated for the payment of debts are not sufficient for that purpose, the
executor or administrator shall pay the debts against the estate, observing the
Section4.Estatetoberetainedtomeetcontingentclaims.Ifthecourtissatisfied provisionsofArticles1059and2239to2251oftheCivilCode.
that a contingent claim duly filed is valid, it may order the executor or
administratortoretaininhishandssufficientestatetopaysuchcontingentclaim Section 8.Dividends to be paid in proportion to claims. If there are no assets
whenthesamebecomesabsolute,oriftheestateisinsolvent,sufficienttopaya sufficienttopaythecreditsofanyonceclassofcreditorsafterpayingthecredits
portionequaltothedividendoftheothercreditors. entitled to preference over it, each creditor within such class shall be paid a
dividendinproportiontohisclaim.Nocreditorofanyoneclassshallreceiveany
Section 5. How contingent claim becoming absolute in two years allowed and paymentuntilthoseoftheprecedingclassarepaid.
paid.Actionagainstdistributeeslater.Ifsuchcontingentclaimbecomesabsolute
andispresentedtothecourt,ortotheexecutororadministrator,withintwo(2) Section 9. Estate of insolvent nonresident, how disposed of. In case
yearsfromthetimelimitedforothercreditorstopresenttheirclaims,itmaybe administrationistakeninthePhilippineoftheestateofapersonwhowasatthe
allowed by the court if not disputed by the executor or administrator and, if time of his death an inhabitant of another country, and who died insolvent, his
disputed, it may be proved and allowed or disallowed by the court as the facts estatefoundinthePhilippinesshall,asfaraspracticable,besodisposedofthat
may warrant. If the contingent claim is allowed, the creditor shall receive hiscreditorshereandelsewheremayreceiveeachanequalshare,inproportion
paymenttothesameextentastheothercreditorsiftheestateretainedbythe totheirrespectivecredits.

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the ground of prejudice on its part with respect to the portion of land he was
Section10.WhenandhowclaimprovedoutsidethePhilippinesagainstinsolvent leasing,amongotherobjections.Themotionhoweverwasstillgranted.
resident'sestatepaid. Ifitappearstothecourthavingjurisdictionthatclaims
havebeendulyproveninanothercountryagainsttheestateofaninsolventwho HELD:
was at the time of his death an inhabitant of the Philippines, and that the Inthesecondandthirdassignmentsoferrorappellantarguesthatthecourtbelow,
executor or administrator in the Philippines had knowledge of the presentation asaprobatecourt,hasnojurisdictiontodeprivetheappellantofhisrightsunder
ofsuchclaimsinsuchcountryandanopportunitytocontesttheirallowance,the the lease, because these rights may be annulled or modified only by a court of
courtshallreceiveacertifiedlistofsuchclaims,whenperfectedinsuchcountry, general jurisdiction. The above arguments are without merit. In probate
andaddthesametothelistofclaimsprovedagainstthedeceasedpersoninthe proceedingsthecourtorderstheprobateofthewillofthedecedent(Rule80,See.
Philippines so that a just distribution of the whole estate may be made equally 5); grants letters of administration to the party best entitled thereto or to any
amongallitscreditorsaccordingtotheirrespectiveclaims;butthebenefitofthis qualified applicant (Id., Sec. 6); supervises and controls all acts of administration;
and the preceding sections shall not be extended to the creditors in another hears and approves claims against the estate of the deceased (Rule 87, See. 13);
country if the property of such deceased person there found is not equally orderspaymentoflawfuldebts(Rule89,Sec.14);authorizessale,mortgageorany
apportioned to the creditors residing in the Philippines and the other creditor, encumbranceof realestate(Rule90,Sec. 2); directs thedeliveryofthe estate to
accordingtotheirrespectiveclaims. those entitled thereto (Rule 91, See. 1). It has been held that the court acts as a
trustee, and as such trustee, should jealously guard the estate and see that it is
Section16.Successorofdeadexecutororadministratormayhavetimeextended wiselyandeconomicallyadministered,notdissipated.
onnoticewithincertainperiod. Whenanexecutororadministratordies,anda
new administrator of the same estate is appointed, the court may extend the Eventhecontractofleaseunderwhichtheappellantholdstheagriculturallandsof
timeallowedforthepaymentofthedebtsorlegaciesbeyondthetimeallowed the intestate and which he now seeks to protect, was obtained with the court's
totheoriginalexecutororadministrator,notexceedingsix(6)monthsatatime approval.Iftheprobatecourthastherighttoapprovethelease,somayitorderits
and not exceeding six (6) months beyond the time which the court might have revocation, or the reduction of the subject of the lease. The matter of giving the
allowed to such original executor or administrator; and notice shall be given of propertytoalesseeisanactofadministration,alsosubjecttotheapprovalofthe
thetimeandplaceforhearingsuchapplication,asrequiredinthelastpreceding court.Ofcourse,ifthecourtabusesitsdiscretionintheapprovalofthecontracts
section. or acts of the administrator, its orders may be subject to appeal and may be
reversedonappeal;butnotbecausethecourtmaymakeanerrormayitbesaid
122 TIMBOLV.CANO thatitlacksjurisdictiontocontrolactsofadministrationoftheadministrator.
1SCRA1271
123 JAUCIANV.QEUROL
FACTS: 38PHIL
IntestateCanodiedleavinghisonlysonTimbolassoleheir.Timbolatthetimeof
deathofhisfatherwasstillaminor.HisuncleJosewasappointedinthemeantime FACTS:
astheadministratoroftheestate.Josepetitionedthathebeallowedtoleasethe RogeroandDayandantesignedadocumentacknowledgingtheirdebttoJaucian.It
landownedbyCanoandhewouldaccordinglypayforitsrental.Thiswasallowed seemedthatRogerosignedthedocumentinthecapacityofsuretybutnowherein
by the court together with the approval to convert a portion of the land into a thedocumentisthisapparent.Areadingofthedocumentwouldshowthatthey
subdivision.Plansofpartitionwereaswellapprvoved.Lateron,whenTimbolwas werebindingthemselvesjointlyandseverally.Onarelevantdate,Rogerosought
appointed as the administrator in Joses stead, he petitioned that the land area the annulment of the document on the ground that his signature was procured
allotted for subdivision development be increased. This was opposed by Jose on fromfraud.Asamatterofcrossclaim,Jaucianinterposedthepaymentofdebtto
him. During the pendency of this case however, Rogero died and his estate was

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substituted as party. Later on, Jaucian won the case. In the meanwhile, estate submittedanddulyapproved,thefinalprojectofpartitiontookalatertimetodo.
proceedingswereinstitutedforRogero.Onthebasisofjudgment,Jaucianclaims Inthemeanwhile,CuUnjiengshadacounterclaimagainsttheplaintiff.Theissuein
paymentbutwasdeniedbythecourtformanyreasons.Amongothers,isthenon thiscaserevolvesaroundthenatureofthecounterclaimasacontingentclaimand
submissionwiththecommissiononclaimswithintherequiredperiod. whetherthesameshouldhavebeenrelayedtotheprobatecourt.

HELD: HELD:
Anexaminationoftheorderinquestion,however,leadsustoconcludethatitwas From the definitions just quoted, it is evident that the counterclaim of the
not a final order, and therefore it was not appealable. In effect, it held that defendantsappellants is not a contingent claim because the obligation sought to
whatever rights Jaucian might have against the estate of Rogero were subject to beenforcedagainstthedeceasedorhislegalrepresentatives,theadministrators,
theperformanceofaconditionprecedent,namely,thatheshouldfirstexhaustthis doesnotdependonanuncertainorfutureevent.Accordingtotheallegationsof
remedy against Dayandante. The court regarded Dayandante. The court regarded thecounterclaimcontainedintheamendedanswer,theobligationcontradictedby
Dayandante as the principal debtor, and the deceased as a surety only liable for the deceased arose from the time the conspiracy was carried out and from the
such deficiency as might result after the exhaustion of the assets of the principal timethepreliminaryattachmentwasobtainedillegallyandwithoutanyjustcause.
coobligor. The pivotal fact upon which the order was based was the failure of However,theadministratorscontendintheirbriefthatthecounterclaimisofthe
appellanttoshowthathehadexhaustedhisremedyagainstDayandante,andthis natureofacontingentclaimbecauseitcannotberealizeduntilfinaljudgmenthas
failurethecourtregardedasacompletebartothegrantingofthepetitionatthat beenrenderedbythecourt.Thiscontentionissufficientlyrefutedbyreproducing
time. The court made no order requiring the appellee to make any payment whathasbeenstatedinthecaseofE.Gaskell&Co.vs.TanSit,supra,totheeffect
whatever, and that part of the opinion, upon which the order was based, which that"thetermcontigenthasreferencetotheuncertaintyoftheliabilityandnotto
containedstatementsofwhatthecourtintendedtodowhenthepetitionshould theuncertaintyinwhichtherealizationorcollectionoftheclaimmaybeinvolved."
berenewed,wasnotbindinguponhimoranyotherjudgebywhomhemightbe
succeeded.Regardlessofwhatmaybeourviewswithrespecttothejurisdictionof Referringnowtothecontentionofthedefendantsappellantsthattheywerenotin
thecourttohavegrantedthereliefdemandedbyappellantinanyevent,itisquite dutyboundtoinformtheprobatecourtthattheyhadfiledacounterclaimagainst
clearfromwhatwehavestatedthattheorderofApril13,1914,requirednoaction the deceased, it is true that the Code of Civil Procedure contains nor provision
bytheadministratoratthattime,wasnotfinal,andthereforewasnotappealable. directly imposing such duty on them. However, if under section 602 of the same
WethereforeconcludethatnorightswereconferredbythesaidorderofApril13, Code the probate court alone had acquired jurisdiction to try and decide the
1914,andthatitdidnotprecludetheadministratorfrommakingoppositiontothe settlement,paymentofdebtsanddistributionoftheestateofthedeceased,tothe
petitionoftheappellantwhenitwasrenewed. exclusionofallothercourts,itcannotbedeniedthatifthedefendantsappellants
wantedsomeremedyfromsaidcourtfortheprotectionoftheirrights,theyshould
124 CUUNJIENGV.TIAOQUI timely apply to it and ask for the retention of properties sufficient to pay for the
64PHIL counterclaimincaseitshouldprosper.Thiscourtisnotunmindfulofthefactthat
inthiscasetheadministratorswerealsoindutyboundtoinformtheprobatecourt
FACTS: oftheexistenceofthecounterclaim,whichdutywaspartlycompliedwithbythem
TiaoquifiledacaseforcollectionofmoneyfromtheCuUnjiengs.Inthesaidcase when they reiteratedly informed the court that it was not possible to present a
initiallyinstituted,propertiesoftheCuUnjiengswerepreliminarilyattachedupon final account or project of partition on the ground that there were pending
filing of bond by Tiaoqui during his lifetime. During the pendency of the litigations, among them that brought against the defendants Cu Unjiengs, and
proceedings,Tiaoquidiedandwassubstitutedlateronbytheadministratorsofhis whentheyappliedforthereopeningoftheintestateproceedingsandforauthority
estate. When he died, estate proceedings were commenced and when asked to tocontinuethesuitagainstsaiddefendants.Suchduty,however,wascoextensive
file accounts and project of partition, the administrators found difficulty in the withthatofthedefendantsappellantsandthatlatterwerenotrelievedthereofby
sameduetothependinglitigationwiththeCuUnjiengs.Whentheaccountingwas theconductthatmighthavebeenobservedbytheadministrators,whichconduct,

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ontheotherhand,cannotbeconsideredimpropertakingintoconsiderationallthe Uponhisdeath,hewassubstitutedbyPCIBasadministratorofhisestate.Beinga
circumstanceshereinbeforestated. moneyclaim,saidcivilcaseshouldhavebeendismissedandinstitutedasamoney
claimintheintestateestateofC.N.Hodges.
125 INTESTATEOFJANUARIAGONZALES
72PHIL245 However,thisisnottosuggestthatbecausetheclaimofpetitionerwaspursuedto
itsconclusioninCivilCaseNo.6682insteadofbeingdismissedandfiledasamoney
FACTS: claim in Special Proceedings No. 1672, the judgment rendered therein is null and
In the summary settlement of the estate of Gonzales, the court ordered the void.
paymenttocreditorAbarro.Nopaymentbeingmade,theonlypropertyleftbythe
deceased was sold in public auction and proceeds were used to pay the debt. Moreover,whenPCIBasadministratoroftheestateofC.N.Hodgeswasorderedto
However,thecourtorderedthesametobesubjecttolegalredemption.Oneyear besubstitutedasdefendant,itregisterednoobjectiontotheorder.Thus,evenif
has passed and since then, no redemption was made. Thereafter, Abarro sought We admit for the sake of argument that the trial court, after the death of C. N.
the finality of the sale. Tomasa as one of the heirs opposed the same on the Hodges has no jurisdiction to render a judgment therein, the argument must fail.
groundshehastenderedthemoneyalreadytothesherifftoredeemtheproperty. PCIB,participatedactivelyinthesaidcase.Itdidnotappealthedecisionrendered
therein, neither did it raise the issue of jurisdiction ion at any stage. It has been
HELD: consistentlyheldbythiscourtthatwhilelackofjurisdictionmaybeassailedatany
Tomasa de Guia has no right to redeem and that the sale made in favor of stage, a party's active participation in the proceedings before the court without
Sisenando Abarro is final. In the administration and liquidation of the estate of a jurisdictionwillestopsuchpartyfromassailingsuchlackofjurisdiction.
deceasedperson,salesorderedbytheprobatecourtforpaymentofdebtsarefinal
andarenotsubjecttolegalredemption.Unlikeinordinaryexecutionsales,thereis The Rules of Court allows a creditor to file his claim after the period set by the
nolegalprovisionallowingredemptioninthesaleofpropertyforpaymentofdebts court in the notice to creditors, provided the conditions stated in the rules are
ofadeceasedperson present. The period prescribed for creditors isnt exclusive and may be made
before the order of distribution, subject to the discretion of the court and under
126 ECHAUSV.BLANCO equitableterms.
179SCRA704

RULE89
FACTS:
SALES,MORTGAGES,ANDOTHERENCUMBRANCESOFPROPERTYOFDECEDENT
Eschaus filed a claim in her capacity as administratrix of her late fathers estate
against Hodges for allegedly profits from a business endeavor. During the
pendency of the case, Hodges died. However, the case proceeded and PCIB was Section 1. Order of sale of personalty. Upon the application of the executor or
even substituted as a party to the case with no objection. When judgment was administrator, and on written notice to the heirs and other persons interested,
renderedinfavorofEschaus,insteadofawritofexecution,amotionforpayment the court may order the whole or a part of the personal estate to be sold, if it
pursuanttojudgmentwasfiledinthespecialproceedings.Thewidowopposedthe appears necessary for the purpose of paying debts, expenses of administration,
same. orlegacies,orforthepreservationoftheproperty.

HELD: Section 2. When court may authorize sale, mortgage, or other encumbrance of
It must be noted that Civil Case No. 6628 which is a money claim, was Instituted realty to pay debts and legacies though personalty not exhausted. When the
during the lifetime of C. N. Hodges. During its pendency and before a decision personal estate of the deceased is not sufficient to pay the debts, expenses of
couldberenderedbytheRegionalTrialCourthearingthecase,C.N.Hodgesdied. administration,andlegacies,orwherethesaleofsuchpersonalestatemayinjure

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the business or other interests of those interested in the estate, and where a sufficient to pay the debts, expenses of administration, and legacies there, the
testator has not otherwise made sufficient provision for the payment of such court here may authorize the executor or administrator to sell the personal
debts, expenses, and legacies, the court, on the application of the executor or estate or to sell, mortgage, or otherwise encumber the real estate for the
administratorandonwrittennoticeoftheheirs,devisees,andlegateesresiding payment of debts or legacies in the other country, in same manner as for the
inthePhilippines,mayauthorizetheexecutororadministratortosell,mortgage, paymentofdebtsorlegaciesinthePhilippines.
orotherwiseencumbersomuchasmaybenecessaryoftherealestate,inlieuof
personalestate,forthepurposeofpayingsuchdebts,expenses,andlegacies,ifit Section 6. When court may authorize sale, mortgage, or other encumbrance of
clearlyappearsthatsuchsale,mortgage,orencumbrancewouldbebeneficialto realtyacquiredonexecutionorforeclosure.Thecourtmayauthorizeanexecutor
the persons interested; and if a part cannot be sold, mortgaged, or otherwise oradministratortosellmortgage,orotherwiseencumberrealestateacquiredby
encumbered without injury to those interested in the remainder, the authority him on execution or foreclosure sale, under the same circumstances and under
maybeforthesale,mortgage,orotherencumbranceofthewholeofsuchreal the same regulations as prescribed in this rule for the sale, mortgage, or other
estate,orsomuchthereofasisnecessaryorbeneficialunderthecircumstances. encumbranceofotherrealestate.

Section3.Personsinterestedmaypreventsuchsale,etc.,bygivingbond.Nosuch WHEN PERSONAL PROPERTY MAY BE SOLD, OR THE REAL PROPERTY BE SOLD,
authoritytosell,mortgage,orotherwiseencumberrealorpersonalestateshall MORTGAGED,OROTHERWISEBEENCUMBERED
be granted if any person interested in the estate gives a bond, in a sum to be 1. Forthepaymentofdebts,expensesofadministration,andlegaciesinthe
fixedbythecourt,conditionedtopaythedebts,expensesofadministration,and Philippines
legacies within such time as the court directs; and such bond shall be for the 2. When such sale would be beneficial to the persons interested in the
securityofthecreditors,aswellasoftheexecutororadministrator,andmaybe estate
prosecutedforthebenefitofeither. 3. For the payment of debts, expenses of administration and legacies
involved in the settlement of the estate of a decedent in a foreign
Section 4. When court may authorize sale of estate as beneficial to interested country
persons. Disposal of proceeds. When it appears that the sale of the whole or a
part of the real or personal estate, will be beneficial to the heirs, devisees, Section 7. Regulation for granting authority to sell, mortgage, or otherwise
legatees, and other interested persons, the court may, upon application of the encumber estate. The court having jurisdiction of the estate of the deceased
executor or administrator and on written notice to the heirs, devisees, and may authorize the executor or administrator to sell personal estate, or to sell,
legatees who are interested in the estate to be sold, authorize the executor or mortgage, or otherwise encumber real estate, in cases provided by these rules
administratortosellthewholeorapartofsaidestate,althoughnotnecessaryto andwhenitappearsnecessaryorbeneficialunderthefollowingregulations.
paydebts,legacies,orexpensesofadministration;butsuchauthorityshallnotbe
granted if inconsistent with the provisions of a will. In case of such sale, the (a) The executor or administrator shall file a written petition setting forth the
proceeds shall be assigned to the persons entitled to the estate in the proper debts due from the deceased, the expenses of administration, the legacies, the
proportions. valueofthepersonalestate,thesituationoftheestatetobesold,mortgaged,or
otherwiseencumbered,andsuchotherfactsasshowthatthesale,mortgage,or
Section 5. When court may authorize sale, mortgage, or other encumbrance of otherencumbranceisnecessaryorbeneficial.
estate to pay debts and legacies in other countries. When the sale of personal
estate, or the sale, mortgage, or other encumbrance of real estate is not (b)Thecourtshallthereuponfixatimeandplaceforhearingsuchpetition,and
necessary to pay the debts, expenses of administration, or legacies in the causenoticestatingthenatureofthepetition,thereasonsforthesame,andthe
Philippines, but it appears from records and proceedings of a probate court in time and place of hearing, to be given personally or by mail to the persons
another country that the estate of the deceased in such other country is not

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interested, and may cause such further notice to be given, by publication or 3. If the court requires it, the executor or administrator shall give an
otherwise,asitshalldeemproper; additionalbond,insuchsumasthecourtdirects,conditionedthatsuch
executor or administrator will account for the proceeds of the sale,
(c)Ifthecourtrequiresit,theexecutororadministratorshallgiveanadditional mortgage,orotherencumbrance;
bond, in such sum as the court directs, conditioned that such executor or 4. If the requirements in the preceding subdivisions of this section have
administrator will account for the proceeds of the sale, mortgage, or other been complied with, the court, by order stating such compliance, may
encumbrance; authorize the executor or administrator to sell, mortgage, or otherwise
encumber, in proper cases, such part of the estate as is deemed
(d) If the requirements in the preceding subdivisions of this section have been necessary,andincaseofsalethecourtmayauthorizeittobepublicor
complied with, the court, by order stating such compliance, may authorize the private, as would be most beneficial to all parties concerned. The
executor or administrator to sell, mortgage, or otherwise encumber, in proper executororadministratorshallbefurnishedwithacertifiedcopyofsuch
cases, such part of the estate as is deemed necessary, and in case of sale the order;
courtmayauthorizeittobepublicorprivate,aswouldbemostbeneficialtoall 5. Iftheestateistobesoldatauction,themodeofgivingnoticeofthetime
parties concerned. The executor or administrator shall be furnished with a and place of the sale shall be governed by the provisions concerning
certifiedcopyofsuchorder; noticeofexecutionsale;
6. Thereshallberecordedintheregistryofdeedsoftheprovinceinwhich
(e)Iftheestateistobesoldatauction,themodeofgivingnoticeofthetimeand therealestatethussold,mortgage,orotherwiseencumberedissituated,
place of the sale shall be governed by the provisions concerning notice of acertifiedcopyoftheorderofthecourt,togetherwiththedeedofthe
executionsale; executororadministratorforsuchrealestate,whichshallbeasvalidasif
thedeedhadbeenexecutedbythedeceasedinhislifetime.
(f)Thereshallberecordedintheregistryofdeedsoftheprovinceinwhichthe
realestatethussold,mortgage,orotherwiseencumberedissituated,acertified TWOGROUNDSTOGRANTTHESALE,ENCUMBERANCE,MORTGAGE
copy of the order of the court, together with the deed of the executor or 1. Tosettleexistingdebts
administratorforsuchrealestate,whichshallbeasvalidasifthedeedhadbeen 2. Forthebenefitoftheheirsandlegatees
executedbythedeceasedinhislifetime.
Section 8. When court may authorize conveyance of realty which deceased
PROCEDURE TO OBTAIN AUTHORITY FROM COURT TO SELL, ENCUMBER, OR contracted to convey. Notice. Effect of deed. Where the deceased was in his
MORTGAGEPROPERTY lifetime under contract, binding in law, to deed real property, or an interest
1. Theexecutororadministratorshallfileawrittenpetitionsettingforththe therein, the court having jurisdiction of the estate may, on application for that
debts due from the deceased, the expenses of administration, the purpose, authorize the executor or administrator to convey such property
legacies,thevalueofthepersonalestate,thesituationoftheestatetobe accordingtosuchcontract,orwithsuchmodificationsasareagreeduponbythe
sold,mortgaged,orotherwiseencumbered,andsuchotherfactsasshow partiesandapprovedbythecourt;andifthecontractistoconveyrealproperty
thatthesale,mortgage,orotherencumbranceisnecessaryorbeneficial. to the executor or administrator, the clerk of court shall execute the deed. The
2. Thecourtshallthereuponfixatimeandplaceforhearingsuchpetition, deed executed by such executor, administrator, or clerk of court shall be as
and cause notice stating the nature of the petition, the reasons for the affectual to convey the property as if executed by the deceased in his lifetime;
same, and the time and place of hearing, to be given personally or by butnosuchconveyanceshallbeauthorizeduntilnoticeoftheapplicationforthat
mailtothepersonsinterested,andmaycausesuchfurthernoticetobe purposehasbeengivenpersonallyorbymailtoallpersonsinterested,andsuch
given,bypublicationorotherwise,asitshalldeemproper; further notice has been given, by publication or otherwise, as the court deems
proper; nor if the assets in the hands of the executor or administrator will

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thereby be reduced so as to prevent a creditor from receiving his full debt or 2SCRA755
diminishhisdividend.
FACTS:
Section9.Whencourtmayauthorizeconveyanceoflandswhichdeceasedheldin InthesettlementofestateofspousesRos,theadministratorthenwasallowedto
trust. Wherethedeceasedinhislifetimeheldrealpropertyintrustforanother sellparcelsoflandtoSoler,toraisemoneytosettledebts.Onarelevantdate,the
person,thecourtmayafternoticegivenasrequiredinthelastprecedingsection, records of the special proceedings were burned. Records were reinstituted and
authorizetheexecutororadministratortodeedsuchpropertytotheperson,or Bonagawasissuedlettersofadministration.Hethenfiledanactiontoannulthe
hisexecutororadministrator,forwhoseuseandbenefititwassoheld;andthe deedsofsaletoSoler.Thelattersoughtthedismissalofthesameduetolackof
courtmayordertheexecutionofsuchtrust,whethercreatedbydeedorbylaw. capacity to sue and the finality attained by the orders. Without any hearing, the
courtdismissedtheaction.
127 ESTATEOFGAMBOAV.FLORENZA
12PHIL.191 HELD:
ThesaleonAugust30,1944appearstobeof21parcelsofabaca,coconut,forest
FACTS: andpasturelands,coveringanaggregateareaofmorethan1,001hectaresforthe
The administrator filed in the special proceedings a motion praying for a hearing lump sum of P142,800, Japanese currency. Plaintiffappellant alleges (and the
for preference of credits as some credits were secured by mortgages while some record nowhere indicates the contrary), that these lands comprised almost the
werenot.Inthewholecourseoftheproceedings,thecourtallowedthesaleofa entireestate.Nothingintherecordwouldshowwhether,asrequiredbyRule90,
property for the payment of a specific debt. The rules however provide that the sections4and7,theapplicationforauthoritytosellwassetforhearing,orthatthe
salecanbeallowedtosatisfythedebts. court ever caused notice thereof to be issued to the heirs of Alejandro Ros
Incidentally, these heirs seem not to have gotten any part of the purchase price
HELD: sincetheywerethenallegedlyinSpain.Yet,intheorderofdeclarationofheirsof
Thereisnothinginanyoneofthesesectionsnorinanyothersectionsofthecode thewifeandapprovingthesaletoSoler(Annex"B"),thedeclarationoftheheirsof
which indicates that the Court of First Instance, in the exercise of its probate thehusbandAlejandroRoswasexpresslyheldinabeyance,indicatingarecognition
jurisdiction,hasanypowertoorderthesaleofaspecificpieceofrealestateforthe of their existence. Appellees maintain that the sale was made for the purpose of
purposeofpayingamortgagedebtwhichisalienthereon.Itmaybethatthecourt paying debts, but this, at lease, is controversial. Appellant asserts that the total
would have authority to sell the property, subject to the mortgage lien, for the outstandingdebtsoftheestateatthetimeofthesaleamountedtoonlyP4,641.48,
purposeofpayingotherdebts oftheestate,butthereisnothinggivingthecourt arelativelymeagersumcomparedtothelargetractsoflandsold.
authoritytosellitforthepurposeofpayingthatspecificdebt.
Thelowercourterredindismissingtheactionwithoutahearingonthemerits.A
Anotherfatalobjectiontotheorderofthe12thofNovember,directingthesale,is sale of properties of an estate as beneficial to the interested parties, under
that the court entirely failed to comply with the provisions of section 722 of the Sections4and7,Rule90,mustcomplywiththerequisitesthereinprovided,which
Code of Civil Procedure. That section requires the administrator to present a aremandatory.Amongtheserequisites,thefixingofthetimeandplaceofhearing
petitionaskingforthesaleoftherealestate.Italsodistinctlyprovidesthat,when for an application to sell, and the notice thereof to the heirs, are essential; and
such petition is made, the court shall appoint a time and place for hearing it and without them, the authority to sell, the sale itself, and the order approving it,
shallrequirenoticeofthepetitionandofthetimeandplaceofsuchhearingtobe wouldbenullandvoidabinitio.Rule90,Section4,doesnotdistinguishbetween
given in a newspaper of general circulation, and that the court may order such heirs residing in and those residing outside the Philippines. Therefore, its
furthernoticegivenasitdeemsproper. requirementsshouldapplyregardlessoftheplaceofresidenceofthoserequiredto
benotifiedundersaidrule.
128 BOAGAV.SOLER

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ThecontentionthatthesalewasmadeunderSection2,Rule90(whereinnoticeis whenever the deceased in his lifetime held real property in trust for another
requiredonlytothoseheirs,etc.,residinginthePhilippines),isnotsubstantiated person, to authorize the executor or administrator to deed such property to the
bytherecord.Neitherthedeedofsale,northeordersissuedbytheprobatecourt person or persons for whose use and benefit it was so held. There being no
inconnectiontherewith,showwhether,asrequiredbysaidSection2,thepersonal controversybetweentheformeradministratrixandthedefendantsthatthelatter
propertieswereinsufficienttopaythedebtsandexpensesofadministration.There andthedeceasedMeleciodeJesusownthelotinquestionincommonandthatit
is not even a showing, to start with, that the sale was made for the purpose of wasregisteredinthedeceased'snameonlyintrustforallthecoowners,therewas
paying debts or expenses of administration (or legacies), a condition which no need to file a separate action to an ordinary court to establish the common
circumscribes the applicability of that section. On the face of the reamended ownershipofthepartiesoversaidproperty;andtheprobatecourtcouldapprove,
complaint at any rate, it does not appear that the contested sale was one under as it did approve, the agreement wherein the parties expressly recognized their
section 2 of Rule 90; and the same can not be invoked to sustain the motion to common ownership of the property in question and the trust character of the
dismiss. Without reception of further evidence to determine whether the exclusive title held by the deceased over the same, especially since the parties
requisitesoftheapplicableprovisionsoftheRuleshadbeenfollowed,thedismissal themselvesstatethatsuchagreementwasenteredintoinordertoforestallfuture
of the action was erroneous and improvident. Plaintiff should at least have been litigation between them and to foster family relations, and in addition, the
givenachancetoprovehiscase. defendantEusebiadeJesushadagreed,inconsiderationofthecourt'sapprovalof
saidagreement,towaiveamoneyclaimagainsttheestate,sothatcourtapproval
129 VDA.DECELISVVDA.DELASANTA ofsaidagreementwouldreallyredoundtothebenefitoftheestateandtheheirs.
93PHIL909
Section 9, Rule 90, however, provides that authority can be given by the probate
FACTS: courttotheadministratortoconveypropertyheldintrustbythedeceasedtothe
beneficiariesofthetrustonly"afternoticegivenasrequiredinthelastpreceding
HELD: section"; i.e., that. "no such conveyance shall be authorized until notice of the
application for that purpose has been given personally or by mail to all persons
130 DEJESUSV.DEJESUS interested,andsuchfurthernoticehasbeengiven,bypublicationorotherwise,as
3SCRA548 thecourtdeemsproper"(sec.8,Rule90).Thisrulemakesitmandatorythatnotice
beservedontheheirsandotherinterestedpersonsoftheapplicationforapproval
FACTS: of any conveyance of property held in trust by the deceased, and where no such
InesAlejandrino,asadministratrixofherlatehusbandsestate,filedaninventory notice is given, the order authorizing the conveyance, as well as the conveyance
which included a parcel of land. The decedents sister opposed this inclusion on itself, is completely void. Here, plaintiffs claim that no such notice was given the
thegroundthatitwascoownedwithherandanotherbrother.Insteadoflitigating heirs of the deceased Melecio de Jesus of the petition for the approval of the
the same, the parties entered into an agreement dubbed as Statement of Facts. stipulationsinquestion,anditisquiteprobablethattheclaimistrue,becausesaid
Inesacknowledgedthatthelandwascoownedandthatherlatehusbandwasjust heirswereallminorswhentheproceedingsinquestiontookplace.Itwouldhave
holding the same in trust. Later on, when Ines son substituted his mother as been necessary, therefore, to appoint a guardian ad litem for them before they
administrator,heinstitutedanactiontoannulsaidagreement. could be validly served said notice, yet the records here do not show that such
appointment of guardian was obtained. In fact, any such appointment appears
HELD: improbable, considering that the stipulations in question were approved the very
Onthequestionofjurisdiction,wethinktheprobatecourthadjurisdictiontoact next day following their execution and submission for approval. It must be
onandapproveofthestipulationsinquestion,notonlyasanincidenttoitspower observedthatin1948,beforethepromulgationoftheCivilCodeofthePhilippines,
to exclude any property from the inventory of the estate of the deceased, but parents as such were not the legal representatives of their children before the
under section 9, Rule 90, Rules of Court, which permits the probate court, courtsandcouldnotdisposeoftheirpropertywithoutjudicialauthorization.

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name of the executor or administrator against the party not paying the sum
assessed.
RULE90

DISTRIBUTIONANDPARTITIONOFTHEESTATE
Section 4. Recording the order of partition of estate. Certified copies of final
orders and judgments of the court relating to the real estate or the partition
Section1.Whenorderfordistributionofresiduemade.Whenthedebts,funeral thereof shall be recorded in the registry of deeds of the province where the
charges, and expenses of administration, the allowance to the widow, and propertyissituated.
inheritance tax, if any, chargeable to the estate in accordance with law, have
beenpaid,thecourt,ontheapplicationoftheexecutororadministrator,orofa 131 LOPEZV.LOPEZ
person interested in the estate, and after hearing upon notice, shall assign the 68PHIL227
residueoftheestatetothepersonsentitledtothesame,namingthemandthe
proportions, or parts, to which each is entitled, and such persons may demand FACTS:
and recover their respective shares from the executor or administrator, or any ConcepcionfiledapetitionintheintestateproceedingsofEmeterioLopezforthe
otherpersonhavingthesameinhispossession.Ifthereisacontroversybefore summary entitlement to his estate, alleging therein that she is the acknowledged
the court as to who are the lawful heirs of the deceased person or as the natural child of the latter. Opposition was made by alleged nephews and nieces
distributive shares to which each person is entitled under the law, the denying her allegations. The petition was later amended by averring that the
controversyshallbeheardanddecidedasinordinarycases. estatevalueisbiggerthanwhatwaspreviouslyallegedandisbeyondthescopeof
asummarysettlement.
No distribution shall be allowed until the payment of the obligations above
mentioned has been made or provided for, unless the distributees, or any of HELD:
them,giveabond,inasumtobefixedbythecourt,conditionedforthepayment Appellantsclaimthattheyhadnonoticeeitherofthepetitionforthedeclaration
ofsaidobligationswithinsuchtimeasthecourtdirects. of heirs or of the date set for the hearing thereof. We find in the record no
evidence affirmatively showing that they had no such notice; therefore, the
Section 2. Questions as to advancement to be determined. Questions as to presumption of regularity of proceedings should stand. In the motion for
advancementmade,orallegedtohavebeenmade,bythedeceasedtoanyheir reconsideration filed by them, the lack of notice is alleged; but the motion is not
may be heard and determined by the court having jurisdiction of the estate evenverified.Besides,accordingtotherecordAttorneySimplicioB.Pe awasthe
proceedings; and the final order of the court thereon shall be binding on the counselforboththeadministratorandtheoppositorsappellants.Thepetitionfor
personraisingthequestionsandontheheir. declarationofheirs,althoughsignedbyAttorneySimplicioB.Pe aas"abogadodel
administrador",was,infact,apetitionfiledinbehalfoftheoppositorsappellants
Section3.Bywhomexpensesofpartitionpaid.Ifatthetimeofdistributionthe as their right to succession is therein asserted and prayed for. Under this
executororadministratorhasretainedsufficienteffectsinhishandswhichmay circumstances, there exists sufficient ground for holding, as we do hold, that the
lawfully be applied for the expenses of partition of the properties distributed, oppositorsappellantshadnoticeofthepetitionaswellasofthehearingwherethe
suchexpensesofpartitionmaybepaidbysuchexecutororadministratorwhenit saidattorneywaspresent.
appears equitable to the court and not inconsistent with the intention of the
testator; otherwise, they shall be paid by the parties in proportion to their 132 HEIRSOFPERFECTOSANTIESBANV.SANTIESBAN
respective shares or interest in the premises, and the apportionment shall be 68PHIL367
settled and allowed by the court, and, if any person interested in the partition
does not pay his proportion or share, the court may issue an execution in the FACTS:

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Ambrosiowasappointedastheadministratorofhislatewifesestate.Sincethere 4. That ... prior to the filing of the petition they (petitioner Celedonia Solivio and
werent any accounts payable, the heirs extrajudicially partitioned the properties. movant Concordia Javellana) have agreed to make the estate of the decedent a
The properties having been distributed and accounted for, the court ordered the foundation,besidestheyhavecloselyknowneachotherduetotheirfiliationtothe
proceedingsclosure.Morethantwoyearsafter,thefatherconveyedhisinterest decedent and they have been visiting each other's house which are not far away
to the eight parcels of land he got to his daughter. This was opposed by for(sic)eachother.(p.234,Record;Emphasissupplied)
Macondrayandlikewise,itprayedfortheappointmentofanewadministrator.The
heirsopposedthis. She is bound by that agreement. It is true that by that agreement, she did not
waive her inheritance in favor of Celedonia, but she did agree to place all of
HELD: Esteban's estate in the "Salustia Solivio Vda. de Javellana Foundation" which
The appellants contend in their assigned error that the court exceeded its Esteban, Jr., during his lifetime, planned to set up to honor his mother and to
jurisdictioninissuingthen orderofDecember11,1935whichsetasidetheother financetheeducationofindigentbutdeservingstudentsaswell.
orderofNovember12,1934,reopeningtheintestateandrequiringthatthename
of the a new administrator be proposed. They argue that this last order, having Her admission may not be taken lightly as the lower court did. Being a judicial
becomefinal,wasnotsubjecttomodificationorreversal.Wefindnomeritinthe admission, it is conclusive and no evidence need be presented to prove the
assignment of error because the order of November 12, 1934, did not finally agreement.
determine the action and was interlocutory in nature (section 123, Code of Civil
Procedure). By said order the court did not determine or adjudicate any right or 134 SALVADORV.STA.MARIA
controversyandithadnootherobjectthantoopenthewayforthehearingand 20SCRA604
resolution of the rights to alleged damages which one of the parties claimed to
have suffered. The orders irregularly issued by the court were those which FACTS:
reopened the intestate and appointed a new administrator, because the order CelestinoSalvadorsoldpreviouslyalandtospousesHalili.Allegingthereafterthe
closing the intestate, dated November 29, 1932, put an end thereto and relieved absenceofconsideration,hesoughtreconveyanceoftheland.Hediedduringthe
theadministratorfromhisduties.Undersection753oftheCodeofCivilProcedure, pendency of proceedings and his heirs were substituted to his part. In the
whatbringsanintestateproceedingtoacloseistheorderofdistributiondirecting meanwhile,intestateproceedingswereinstituted.Intheinventoryoftheestate,
the delivery of the residue to the persons entitled thereto after paying the the parcel of land was included. The land in question was later reconveyed.
indebtedness, if any, left by the deceased. This order was issued in the intestate However, the land was reconveyed to the heirs and not to the estate. This was
since October 18, 1932 when the court approved the partition executed and questioned.
submittedbyalltheheirs.
HELD:
133 SOLIVIOV.CA Itisasettledpointoflawthattherightofheirstospecific,distributivesharesof
Supra inheritancedoesnotbecomefinallydeterminableuntilallthedebtsoftheestate
arepaid.Untilthen,inthefaceofsaidclaims,theirrightscannotbeenforced,are
HELD: inchoate,andsubjecttotheexistenceofaresidueafterpaymentofthedebts.
However,inasmuchasConcordiahadagreedtodelivertheestateofthedeceased
to the foundation in honor of his mother, Salustia Solivio Vda. de Javellana (from Petitionersdonotquestiontheexistenceofthedebtsabovementioned.Theyonly
whom the estate came), an agreement which she ratified and confirmed in her contend that the properties involved having been ordered by final judgment
"MotiontoReopenand/orReconsiderOrderdatedApril3,1978"whichshefiledin reconveyed to them, not to the estate the same are not properties of the estate
Spl.ProceedingNo.2540: buttheirown,andthus,notliablefordebtsoftheestate.

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Said contention is selfrefuting. Petitioners rely for their rights on their alleged proceeding shall continue as an intestacy. As already adverted to, this is a clear
characterasheirsofCelestino;assuch,theyweresubstitutedinthereconveyance indication that proceedings for the probate of a will enjoy priority over intestate
case; the reconveyance to them was reconveyance to them as heirs of Celestino proceedings.
Salvador.Itfollowsthatthepropertiestheyclaimare,evenbytheirownreasoning,
partofCelestino'sestate.Therighttheretoasallegedlyhisheirswouldariseonlyif Vicente Uriarte is entitled to prosecute Civil Case No. 6142 until it is finally
saidparcelsoflandarepartoftheestateofCelestino,nototherwise.Theirhaving determined,orinterveneinSpecialProceedingNo.51396oftheManilaCourt,ifit
receivedthesame,therefore,inthereconveyanceaction,wasperforceintrustfor isstillopen,ortoaskforitsreopeningifithasalreadybeenclosed,soastobeable
theestate,subjecttoitsobligations.Theycannotdistributesaidpropertiesamong tosubmitfordeterminationthequestionofhisacknowledgmentasnaturalchildof
themselvesassubstitutedheirswithoutthedebtsoftheestatebeingfirstsatisfied. the deceased testator, said court having, in its capacity as a probate court,
jurisdictiontodeclarewhoaretheheirsofthedeceasedtestatorandwhetheror
135 TIMBOLV.CANO notaparticularpartyisorshouldbedeclaredhisacknowledgednaturalchild.
Supra

RULE91
136 URIARTEV.CFIOFNEGROSOCCIDENTAL
ESCHEATS
Supra

FACTS: Section1.Whenandbywhompetitionfiled.Whenapersondiesintestate,seized
ofrealpropertyinthePhilippines,leavingnoheirorpersonbylawentitledtothe
HELD: same,theSolicitorGeneralorhisrepresentativeinbehalfoftheRepublicofthe
Whentheestatetobesettledisthatofanonresidentalien(likethedeceased)the Philippines,mayfileapetitionintheCourtofFirstInstanceoftheprovincewhere
Courts of First Instance in provinces where the deceased left any property have the deceased last resided or in which he had estate, if he resided out of the
concurrentjurisdictiontotakecognizanceoftheproperspecialproceedingforthe Philippines,settingforththefacts,andprayingthattheestateofthedeceasedbe
settlement of his estate. In the case before Us, these Courts of First Instance are declaredescheated.
the Negros and the Manila Courts province and city where the deceased left
considerableproperties. WHERESHOULDAPETITIONFORESCHEATBEFILED?
Intheprovincewherethedeceasedlastresidedorwhichhehadestate
Aspecialproceedingintendedtoeffectthedistributionoftheestateofadeceased
person, whether in accordance with the law on intestate succession or in WHATSHOULDTHEPETITIONCONTAINASMINIMUMREQUIREMENTS?
accordancewithhiswill,isa"probatematter"oraproceedingforthesettlement Setforththefacts
of his estate. It is equally true, however, that in accordance with settled Prayerthattheestatebedeclaredescheated
jurisprudence in this jurisdiction, testate proceedings, for the settlement of the
estate of a deceased person take precedence over intestate proceedings for the INWHATINSTANCESCANESCHEATBEFILED?
samepurpose.Thusithasbeenheldrepeatedlythat,ifinthecourseofintestate Decedentdiedintestatewithnoheirsandpersonentitledtothesame
proceedingspendingbeforeaCFIitisfounditthatthedecedenthadleftalastwill, Actionsofreversion
proceedingsfortheprobateofthelattershouldreplacetheintestateproceedings PropertiesalienatedinviolationofConstitutionorstatute
evenifatthatstageanadministratorhadalreadybeenappointed,thelatterbeing Dormantbankaccounts
requiredtorenderfinalaccountandturnovertheestateinhispossessiontothe
executor subsequently appointed. This, however, is understood to be without Decedentdyingintestate
prejudice that should the alleged last will be rejected or is disapproved, the Resident Wherelastresided

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Nonresident Wherepropertiesarelocated
Escheat of properties alienated in Wherepropertiesarelocated Section5.Otheractionsforescheat.Untilotherwiseprovidedbylaw,actionsfor
violationofConstitutionorstatute reversionorescheatofpropertiesalienatedinviolationoftheConstitutionorof
Escheatofdormantbankaccounts Wherethemoneyisdeposited any statute shall be governed by this rule, except that the action shall be
Actionsforreversion Wherepropertiesarelocated institutedintheprovincewherethelandliesinwholeorinpart.

Section 2. Order for hearing. If the petition is sufficient in form and substance, 137 MUNICIPALCOUNCILOFLAGUNAV.COLEGIODESANJOSE
the court, by an order reciting the purpose of the petition, shall fix a date and 65PHIL
placeforthehearingthereof,whichdateshallbenotmorethansix(6)months
aftertheentryoftheorder,andshalldirectthatacopyoftheorderbepublished FACTS:
before the hearing at least once a week for six (6) successive weeks in some Thiscasewascommencedinthesaidbyapetitionfiledbythepetitionersinbehalf
newspaperofgeneralcirculationpublishedintheprovince,asthecourtshallbe of the municipality of San Pedro, Province of Laguna, wherein they claim the
deembest. Hacienda de San Pedro Tunasa by the right of escheat. The Colegio de San Jose,
Inc.,appearedspeciallyandassailedthepetitionuponthegroundsthatthecourt
Section 3. Hearing and judgment. Upon satisfactory proof in open court on the has no jurisdiction to take cognizance and decide the case and that the petition
datefixedintheorderthatsuchorderhasbeenpublishedasdirectedandthat doesnotallegesufficientfactstoentitletheapplicantstotheremedyprayedfor;
thepersondiedintestate,seizedofrealorpersonalpropertyinthePhilippines, andaskedthatthepetitionbefinallydismissed.CarlosYoungintervenedandfiled
leaving no heir or person entitled to the same, and no sufficient cause being amotionaskingforthedismissalorthepetitionuponthegroundthattheCodeof
showntothecontrary,thecourtshalladjudgethattheestateoftheestateofthe Civil Procedure, under which the same was filed, is not applicable because it was
deceased in the Philippines, after the payment of just debts and charges, shall notyetinforcewhentheoriginalownerofthehaciendadied,whichwasinApril,
escheat;andshall,pursuanttolaw,assignthepersonalestatetothemunicipality 1596,andthatthepetitionwasirregularlydocketedastheapplicantshadpaidat
or city where he last resided in the Philippines, and the real estate to the thedocketfeeswhichtheclerkofcourtshouldcollect.Subsequentlytheattorneys
municipalities or cities, respectively, in which the same is situated. If the for both parties filed another motions of minor importance, almost all of which
deceasedneverresidedinthePhilippines,thewholeestatemaybeassignedto containstheargumentsadvancedinsupportoftheircontentions.OnOctober29,
therespectivemunicipalitiesorcitieswherethesameislocated.Shallestateshall 1936,thecourtoverruledtheobjectiontotheappearanceandinterventioninthe
beforthebenefitofpublicschools,andpubliccharitableinstitutionsandcenters casebytheColegiodeSanJoseandCarlosYoung,enteringtheorderwhichisone
insaidmunicipalitiesorcities. ofthoseappealedfrom.Andonthe30thofthesamemoththecourtenteredthe
resolution,alsoappealedfrom,dismissingthepetitionforescheat,withthecosts
Thecourt,attheinstanceofaninterestedparty,oronitsownmotion,mayorder tothepetitioners.
the establishment of a permanent trust, so that the only income from the
propertyshallbeused. HELD:
Accordingly to the first of the said sections, the essential facts which should be
Section 4. When and by whom claim to estate filed. If a devisee, legatee, heir, allegedinthepetition,whicharejurisdictionbecausetheyconferjurisdictionupon
widow,widower,orotherpersonentitledtosuchestateappearsandfilesaclaim theCourtofFirstInstance,are:Thatapersonhasdiedintestateorwithoutleaving
theretowiththecourtwithinfive(5)yearsfromthedateofsuchjudgment,such anywill;thathehasleftrealorpersonalproperty;thathewastheownerthereof;
personshallhavepossessionofandtitletothesame,orifsold,themunicipality thathehasnotleftanyheirorpersonwhoisbylawentitledtotheproperty;and
or city shall be accountable to him for the proceeds after deducting reasonable thattheonewhoappliesfortheescheatisthemunicipalitywheredeceasedhad
chargesforthecareoftheestate;butaclaimnotmadewithinthesaidtimeshall his last residence, or in case should have no residence in the country, the
beforeverbarred. municipalitywherethepropertyissituated.

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FACTS:
The following section provides that after the publications and trial, if the court The property in dispute was among the lands taken over by the United States
findsthatthedeceasedisinfacttheownerofrealandpersonalpropertysituated Government under the Philippine Property Act of 1946 enacted by the American
in the country and has not left any heirs or other person entitled thereto, it may Congress.Itwasregisteredin1930underTransferCertificateofTitleNo.9509of
order, after the payments of debts and other legal expenses, the escheat, and in the Register of Deeds of Zamboanga in the name of Kantiro Koyama, a Japanese
such case it shall adjudicate the personal property to the municipality where the national,whohasnotbeenheardfromsincetheendofWorldWarII.Underthe
deceasedhadhislastplaceofresidenceandtherealpropertytothemunicipality said Act, the land was supposed to be transferred to the Republic of the
ormunicipalitieswheretheyaresituated. Philippines.

Escheat, under sections 750 and 751, is a proceeding whereby the real and RepublicofthePhilippineshadfiledescheatproceedingsagainstthesaidproperty,
personalpropertyofadeceasedpersonbecomethepropertyoftheStateuponhis claiming that the registered owner of the land "had been absent for the past ten
death without leaving any will or legal heirs. It is not an ordinary action years or more and he, therefore, may be presumed dead for the purpose of
contemplatedbysection1oftheCodeofCivilProcedure,butaspecialproceeding appointing his successor." It also alleged that since he left no heirs or persons
inaccordancewiththesaidsectionandChapterXXXIX,PartII,ofthesameCode. entitled to the aforementioned property, the State should inherit the same in
Theproceeding,asprovidedbysection750,shouldbecommencedbypetitionand accordancewithRule91oftheRulesofCourt.Thecourtsubsequentlyallowedthe
notbycomplaint. escheat.

Inaspecialproceedingforescheatundersection750and751thepetitionerisnot HELD:
thesoleandexclusiveinterestedparty.Anypersonallegingtohaveadirectrightor Itisclear,andtherespondentCityofZamboangadoesnotdenyit,thattherewas
interest in the property sought to be escheated is likewise and interest and mereinadvertenceonthepartoftheAmericangovernmentinomittingtotransfer
necessary party and may appear and oppose the petition for escheat. In the thedisputedlandtotheRepublicofthePhilippines.TheobviouspurposeoftheAct
presentcasetheColegiodeSanJose,Inc.,andCarlosYoungappearedallegingto wastoturnovertothePhilippinegovernmentallenemypropertiessituatedinits
have a material interest in the Hacienda de San Pedro Tunasa; and the former territorythathadbeenseizedandwerebeingheldforthetimebeingbytheUnited
becauseitclaimstobetheexclusiveownerofthehacienda,andthelatterbecause States,whichwasthenexercisingsovereigntyoverthePhilippines.Thetransferof
heclaimtobethelesseethereofunderacontractlegalityenteredwiththeformer. suchenemypropertiestothePhilippineRepublicwasoneoftheactsbywhichthe
Inviewoftheseallegationsitiserroneoustoholdthatthesaidpartiesarewithout United States acknowledged the elevation of this country to the status of a
righteithertoappearincaseortosubstantiatetheirrespectiveallegedright.This sovereignstateonJuly4,1946.
unfavorablyresolvesthepetitioners'firstassignmentoferror.
While it is true that there are no records of such transfer, we may presume that
A motion to dismiss is an allowed pleading in escheat proceedings when on its such transfer was made. The lack of such records does not mean that it was not
face,theescheatproceedingsshouldbedismissed. madeasthiswouldruncountertothemandateofthePhilippinePropertyActof
1946, which, to repeat, intended to vest title in the Philippines enemy properties
Anescheatproceedingisimproperwhenthepropertyissubjecttotheownership foundinitsterritory.ItwouldbemorereasonabletosupposethatthePresidentof
ofthestatealready. theUnitedStates,orthepersonactingunderhisauthority,compliedwith,rather
than neglected (and so violated) this requirement of Section 3 of the said Act, if

only on the basis of the presumption of the regularity of official functions. In the
138 REPUBLICV.IAC
extreme, we can even say that this section legally effected the transfer, to be
148SCRA271
evidenced later by the formality of the corresponding deed, and that the lack of

suchdeeddoesnotmeanthatnotransferwasmade.Otherwise,wewouldhaveto

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facethedubiousconclusionthatthesaidpropertyisstillownedandsostillsubject residedoutofthePhilippines,mayfileapetitioninthecourtoffirstinstanceofthe
todispositionbytheUnitedStates. province setting forth the facts, and praying that the estate of the deceased be
declaredescheated.
Weholdthatwhereitcomestoordinaryrealpropertiestheownersofwhichmay
bepresumeddeadandleftnoheirs,thesamemaybeescheated,conformablyto Rule91oftheRevisedrulesofCourt,whichprovidesthatonlytheRepublicofthe
Rule91oftheRulesofCourt,infavorofthepoliticalsubdivisionsinwhichtheyare Philippines,throughtheSolicitorGeneral,maycommenceescheatproceedings,did
located. The said Rule, however, does not cover properties taken from enemy nottakeeffectuntilJanuary1,1964.Althoughtheescheatproceedingswerestill
nationalsasaresultofWorldWarIIandrequiredtobetransferredtotheRepublic pending then, the Revised Rules of Court could not be applied to the petition
of the Philippines by the United States in accordance with its own enactment becausetodosowouldworkinjusticetotheCityofDavao.
commonlyknownasthePhilippinePropertyActof1946.Suchproperties,including
the land in dispute, belong to the Philippine government not by virtue of the TheCourtofAppealsshouldhavedismissedtheappealofVicentaTanandRamon
escheatproceedingsbutonthestrengthofthetransferauthorizedandrequiredby Pizarro earlier because the records show that Vicenta was never a party in the
thesaidAct. escheat proceedings. The trial court's order dated February 4, 1972 ordering that
she be substituted for Ramon Pizarro as oppositor (p. 16, Record on Appeal) was
139 VICENTETANV.CITYOFDAVAO set aside by the same court in its Order of March 23, 1972 (p. 178, Record on
166SCRA73 Appeal)whichwasnotappealed.
Vicenta Tan, if she still exists, was never served with summons extraterritorially
FACTS: under Section 17, Rule 14 of the Rules of Court. She never appeared in the trial
The spouses Cornelia Pizarro and Baltazar Garcia, during their lifetime, were court by herself, or counsel and never filed a pleading therein, hence, she never
residentsofDavaoCity.Astheywerechildless,theyadoptedathreeyearoldgirl submittedtothecourt'sjurisdiction.
whom they named Dominga Garcia and brought up as their own. At the age of
nineteenyears,DomingaGarciamarriedaChinaman,TanSengaliasSengYap,with 140 BERMUDOV.CA
whom she had three children, named Vicente, who was born in 1916. Dominga 55SCRA8
GarciaandherthreechildrenemigratedtoCanton,China.Inlessthanayear,Tan
Sengfollowedhisfamilytohiscountryoforigin.TheyleftaparceloflandinDavao FACTS:
whichwassubjectofescheatproceedings. CaseregardingaparceloflandbeingdisputedamongthreepartiesChinesemen
andtheChineseCommunistParty.
HELD:
With respect to the argument that only the Republic of the Philippines, HELD:
representedbytheSolicitorGeneral,mayfiletheescheatpetitionunderSection1, Sincethereisdisputeonwhoownstrulytheparcelofland,thestateshouldhave
Rule 91 of the Revised (1964) Rules of Court, the Appellate Court correctly ruled institutedescheatproceedings.
that the case did not come under Rule 91 because the petition was filed on
September12,1962,whentheapplicablerulewasstillRule92ofthe1940Rulesof 141 REPUBLICV.CFIOFMANILA
Courtwhichprovided: 165SCRA11

Sec.1.Whenandbywhom,petitionfiled. Whenapersondiesintestate,seizedof FACTS:
real or personal property in the Philippines, leaving no heirs or person by law Pursuant to the Unclaimed Balance Law, some 31 banks including herein private
entitledtothesame,themunicipalityorcitywherethedeceasedlastresided,ifhe respondent Pres. Roxas Rural Bank forwarded to the Treasurer of the Philippines
resided in the Philippines, or the municipality or city in which he had estate if he separate statements under oath by their respective managing officers of all

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depositsandcreditsheldbytheminfavor,orinthenamesofsuchdepositorsor concerned is located may be made parties defendant "in one action" was clearly
creditors known to be dead, or who have not been heard from, or who have not intended to save on litigation and publication expenses, but certainly not as
made further deposits or withdrawals during the preceding ten years or more. In authorityforthelumpingtogetherofallbankswhereverfoundinthePhilippinesin
the sworn statement submitted by private respondent Bank, only two (2) names onesingleescheatproceedings.
appeared:JesusYdirinandLeonoraTrumpeta.

GENERALGUARDIANSANDGUARDIANSHIP
The aforementioned statements were published in two newspapers, one was in
English while the other was in Spanish. Both are of general circulation in the
Philippines. This consequently led to a complaint for escheat lodged by the
RULE92
government against the 31 banks. The private respondent bank sought the
VENUE
dismissalofthesameonthegroundofimpropervenue.Inopposingthedismissal
of the case, petitioner maintained that private respondent bank is just a nominal
party and the proper parties to lodge the motion to dismiss are the depositors Section1.Wheretoinstituteproceedings.Guardianshipofapersonorestateofa
themselves. minor or incompetent may be instituted in the Court of First Instance of the
province, or in the justice of the peace court of the municipality, or in the
HELD: municipalcourtcharteredcitywheretheminororincompetentpersonsresides,
Issueofrealpartyininterest andifheresidesinaforeigncountry,intheCourtofFirstInstanceoftheprovince
wherein his property or the party thereof is situated; provided, however, that
A"realpartyininterest"hasbeendefinedasthepartywhowouldbebenefittedor where the value of the property of such minor or incompetent exceeds that
injuredbythejudgmentofthesuitorthepartyentitledtoavailofthesuit.There jurisdiction of the justice of the peace or municipal court, the proceedings shall
can be no doubt that private respondent bank falls under this definition for the beinstitutedintheCourtofFirstInstance.
escheat of the dormant deposits in favor of the government would necessarily
deprivesaidbankoftheuseofsuchdeposits.Itisinthissensethatitstandstobe In the City of Manila the proceedings shall be instituted in the Juvenile and
"injuredbythejudgmentofthesuit;"anditisforthisreasonthatSection3ofAct DomesticRelationsCourt.
No.3936specificallyprovidesthatthebankshallbejoinedasapartyintheaction
forescheat. THREEKINDSOFGUARDIAN
1. Legal guardianwho is such by provision of law without the need of
Questionofimpropervenue judicial appointment, as in the case of the parents over the person of
theirminorchildren,etc.
ThefirstsentenceofSection3ofActNo.3936directstheAttorneyGeneral,now 2. Judicial guardianwho is a competent person appointed by the court
SolicitorGeneral,tocommenceanactionoractionsinthenameofthePeopleof overthepersonand/orpropertyofthewardtorepresentthelatterinall
the Philippines in the Court of First Instance of the province where the bank is his civil acts and transactions, and is the one contemplated in the
located. The phrase "or actions" in this section is very significant. It manifests aforementionedrules
awareness on the part of the legislators that a single action to cover all banks 3. Guardian ad litemwho may be a competent person appointed by the
wherever located in the Philippines would not be legally feasible in view of the courtforpurposesofaparticularactionorproceedinginvolvingaminor
venueprescribedforsuchactionunderthesamesection,i.e.,theprovincewhere
thebankislocated.Thus,theadditionofthelastsentence,whichthelowercourt TOWHICHJUDICIALGUARDIANSHIPPERTAINS
hadcorrectlyinterpretedtomean"thatforescheatofunclaimedbankbalancesall Withrespecttothepersonoftheward,hispropertyorboth
banks located in one and the same province where the Court of First Instance

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Where the person has no property, guardianship may only with his
person HELD:
Withrespecttoanonresidentward,withrespecttohisproperty PetitioneristhedulyappointedguardianoftheincompetentEstefaniaSanPedroin
SpecialProceedingsNo.532oftheCourtofFirstInstanceofBulacanpresidedover
Section 2. Meaning of word "incompetent." Under this rule, the word by respondent Judge. On August 30, 1974 respondent Pelagio Francisco, claiming
"incompetent"includespersonssufferingthepenaltyofcivilinterdictionorwho to be a first cousin of Estefania San Pedro, together with two others, said to be
are hospitalized lepers, prodigals, deaf and dumb who are unable to read and niecesoftheincompetent,petitionedthecourtfortheremovalofpetitionerand
write, those who are of unsound mind, even though they have lucid intervals, for the appointment in his stead of respondent Pelagio Francisco. Among other
and persons not being of unsound mind, but by reason of age, disease, weak grounds, the petition was based on the failure of the guardian to submit an
mind, and other similar causes, cannot, without outside aid, take care of inventoryoftheestateofhiswardandtorenderanaccounting.
themselvesandmanagetheirproperty,becomingtherebyaneasypreyfordeceit
andexploitation. It would seem that petitioner subsequently rendered an accounting but failed to
submitaninventory,forwhichreasonthecourtonMarch20,1975gavepetitioner
WHOISANINCOMPETENT? ten (10) days within which to do so, otherwise he would be removed from
Includes persons suffering the penalty of civil interdiction or who are guardianship Petitioner thereafter submitted an inventory to which respondent
hospitalizedlepers,prodigals,deafanddumbwhoareunabletoreadand PelagioFranciscofiledanobjectiononthegroundthatpetitioneractuallyreceived
write, those who are of unsound mind, even though they have lucid P14,000.00 for the sale of a residential land and not P12,000.00 only as stated in
intervals,andpersonsnotbeingofunsoundmind,butbyreasonofage, thedeedofsaleandreportedbyhiminhisinventory.TherespondentJudgefound
disease, weak mind, and other similar causes, cannot, without outside theclaimtobetrue,and,inhisorderofApril17,1980relievedthepetitioneras
aid, take care of themselves and manage their property, becoming guardian.
therebyaneasypreyfordeceitandexploitation.
Onmotionofpetitioner,however,therespondentJudgereconsideredhisfinding,
Section 3. Transfer of venue. The court taking cognizance of a guardianship relyingonthedeedofsaleasthebestevidenceofthepricepaidforthesaleofthe
proceeding, may transfer the same to the court of another province or land.inhisorderdatedSeptember12,1980,respondentjudgeacknowledgedthat
municipality wherein the ward has acquired real property, if he has transferred his finding was "rather harsh and somewhat unfair to the said guardian."
theretohisbonafideresidence,andthelattercourtshallhavefulljurisdictionto Nevertheless, respondent Judge ordered the retirement of petitioner on the
continuetheproceedings,withoutrequiringpaymentofadditionalcourtfees. groundofoldage.

142 FRANCISCOV.CA 143 LAVIDESV.CITYCOURTOFLUCENA
127SCRA371 114SCRA187

FACTS: FACTS:
PetitioneristheguardianoftheincompetentSanPedro.Partiesallegingtobethe Upon the death of his wife, petitioner Alberto Lavides instituted a guardianship
incompetentsrelativessoughthisremovalforallegedlyfailingtofileaninventory. proceeding with respect to the person and property of their seven (7) minor
He actually did render an accounting and later on, an inventory but his accounts children. Said petition alleged that the estate left by the deceased wife of herein
were questioned on the ground it didnt coincide on what he truly received as petitioner, mother of the above named minors, has a total value of thirtyfive
guardian.Thejudgeorderedhimremoveandforhimtopayforhispayables.On thousandpesos(P35,000.00)oranamountofP5,000.00pertainingtoeachminor.
reconsideration,thejudgereverseditsorderofpaymentbutstill,removedhimon Although there had been no previous settlement of the estate of the deceased,
thegroundofoldageevenifhewas72andstillabletofulfillhisduties. petitionerwasappointedandqualifiedasjudicialguardian.

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The City Court, upon motion, authorized petitioner to settle the estate 144 PARCOV.CA
extrajudiciallyandtosellaportionthereofconsistingofsharesofstocks.Pursuant 111SCRA262
to said authority, petitioner extrajudicially settled the estate, and on August 28,
1971,soldthesaidsharesofstocksforthesumofP64,512.00 FACTS:
Francisco Rodriguez is the guardian of the Soledad Rodriguez (ward). With the
Petitioner filed a motion for confirmation and approval of a Deed of Exchange authorityandapprovalofCFIJudge(whotookcognizanceoftheproceedingsupon
Agreement. While this latter motion was still pending consideration, the authorizationfromtheSecretaryofJustice),Rodriguezsold3parcelsoflandtoLuis
respondentcourt,reviewedtherecordsofthecaseandfindingthattheundivided Parco and Virginia Bautista (Petitioners). The sale was made for the support,
estateleftbythedeceasedwasworthatleastP35,000.00,dismissedthecasefor maintenanceandmedicaltreatmentoftheward.Titlesoversaidparcelsoflands
lack of jurisdiction, revoked the appointment of petitioner as guardian and wereissuedinfavorofthePETITIONERS.
annulledallproceedingstakenpriortotheissuanceofthesaidorderofDecember
5,1978. More than a year after the sale, RODRIGUEZ sought an order requiring
PETITIONERS to appear before the court for examination on the basis that the 3
HELD: parcelsoflandwereallegedlyindangerofbeinglost,squandered,concealedand
Theabovesection,inclearterms,grantsconcurrentjurisdictionbetweenmunicipal embezzled.
andcitycourtandCourtsofFirstInstanceintheappointmentofguardianseither
with respect to the person or property of the minor or incompetent, except that HELD:
where the value of the property of such minor or incompetent exceeds the As held in the case of Cui v. Piccio, where title to any property said to be
jurisdiction of the municipal or city courts, the guardianship proceedings shall be embezzled,concealedorconveyedisindispute,thedeterminationofsaidtitleor
institutedintheCourtofFirstInstance.Itisclear,therefore,thatthevalueofthe right whether in favor of the person said to have embezzled, concealed or
property of the minor or incompetent sought to be placed in guardianship conveyedthepropertymustbedeterminedinaseparateordinaryactionandnot
determines which court has jurisdiction. And that property referred to is the inguardianshipproceedings.
individual estate of the minor so much so that when there are more than one
minororincompetentsoughttobeplacedunderguardianship,whatdetermines Inthiscase,thereisdefinitelyacloudofdoubtastowhohasabetterrightortitle
whichcourthasjurisdictionisthevalueoftheindividualpropertyofeachminoror tothedisputedproperties.Thus,thissituationrequiresthedeterminationoftitle
incompetent. or ownership of the 3 parcels of land which is beyond the jurisdiction of the
Inthecaseatbar,itappearsthatrespondentcitycourtdismissedthepetitionfor guardianshipcourtandshouldbethreshedoutinaseparateordinaryaction.
guardianship on ground of lack of jurisdiction because a perusal of the record of
the case shows that the undivided estate left by the deceased mother is worth Inthiscase,twobranchesoftheCFIofQuezonconcurrentlyassumedjurisdiction
P35,000.00whichamountisclearlyoutsideitsjurisdiction.Thisreasoningmustbe over the proceedings. Branch I assumed original jurisdiction which was later on
rejectedforitoverlooksthefactthatthepetitionforguardianshipfiledbyherein assigned to Branch IV (by virtue of the order of the Sec. of Justice to unclog the
petitioner before the respondent city court clearly alleged that the individual dockets). When Branch I issued an order reassuming jurisdiction over the case,
estate or share of each of the seven minor children sought to be placed under Branch IV actually ordered that the records be forwarded and returned to the
guardianship is P5,000.00, which amount is well within the jurisdiction of the former. However, it subsequently threshed out the issue of ownership of the
respondent city court (Section 88, Judiciary Act of 1948, as amended by R.A. No. parcels of land, which decision is the subject of the present appeal. This only
3828). That the respondent city court has jurisdiction over the case cannot be bolstersthatthecourtnolongerhadjurisdictionovertheproceedingsofthecase.
denied, for the rule is wellsettled that jurisdiction of the court over the subject

matterisdeterminedbytheallegationsofthecomplaintand/orpetition.

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145 OFFICEOFCOURTADMINISTRATORV.GINES BonifaciaVancil,isthemotherofReederC.Vancil,aNavyservicemanoftheUnited


224SCRA261 StatesofAmericawhodiedinthesaidcountry.Duringhislifetime,hehad2minor
children.Petitionerfiledapetitiontobeappointedasguardianofthetwominor
FACTS: children. She alleged that the minor children were residents of Cebu City. After
Gineswasaccostedforgraveignoranceoflawandprocedure being appointed, opposition was entered by the mother of the children, alleging
thatshehaspreviouslyfiledapetitionwiththeRTCofPagadianCity.
HELD:
1. Branch 26 was originally typewritten as part of the caption. Further, HELD:
Floresname(CourtInterpreter)wasalreadyindicatedinthepetition. Petitioner,asthesurvivinggrandparent,canexercisesubstituteparentalauthority
only in case of death, absence or unsuitability of respondent. Considering that
2. ReginaVALDEZ(claimingtobethenieceofLAGMAY)filedthepetitionfor respondent is very much alive and has exercised continuously parental authority
guardianship,allegingthatsheisaresidentofSanFernando,LaUnion.Shealleged over Vincent, petitioner has to prove, in asserting her right to be the minor s
however, that LAGMAY (ward) was presently residing in Mabalacat, Pampanga. It guardian, respondent s unsuitability. Petitioner, however, has not proffered
wasalsoallegedthatLAGMAYisanAmericancitizen,single,childlessandaretired convincing evidence showing that respondent is not suited to be the guardian of
seamanreceivingpensionfromtheUS. Vincent. Petitioner merely insists that respondent is morally unfit as guardian of
Valerie considering that her (respondent s) livein partner raped Valerie several
Despitethisfact(undertheRules,jurisdictionliesinthecourtwheretheminoror times. But Valerie, being now of major age, is no longer a subject of this
incompetent person resides, see Sec 1, Rule 92), GINES immediately gave due guardianshipproceeding.
course tothe petition and directed that notices be served,andgrantedlettersof
guardianshipinfavorofVALDEZ.(*Note:VALDEZisalsotheauntofGINES) EvenassumingthatrespondentisunfitasguardianofminorVincent,stillpetitioner
cannotqualifyasasubstituteguardian.ItbearsstressingthatsheisanAmerican
3. Further, there was no order setting the case for hearing, at a particular citizenandaresidentofColorado.Obviously,shewillnotbeabletoperformthe
date time and place. No notices were sent to any of the kin or even to Juan responsibilitiesandobligationsrequiredofaguardian.Infact,inherpetition,she
Lagmayhimself. admittedthedifficultyofdischargingthedutiesofaguardianbyanexpatriate,like
her. To be sure, she will merely delegate those duties to someone else who may
4. The bond supposedly required from Valdez was not yet filed, but still, notalsoqualifyasaguardian.
Floresadministeredoathtotheformer.
Moreover, we observe that respondent s allegation that petitioner has not set
5. JudgeGinesalsodirectedthatthepersonhavingcustodyofJuanLagmay foot in the Philippines since 1987 has not been controverted by her. Besides,
be ordered to release the latter and turn him over to the special sheriffs, under petitioner soldageandherconvictionoflibelbytheRegionalTrialCourt,Branch
6
painofcontempt.WhenthispersonrefusedtoturnovercustodyoverLagmay,the 6,CebuCityinCriminalCaseNo.CBU16884 filedbyoneDaniloR.Deen,willgive
judgeorderedhisarrest(Theremedyinthiscaseshouldhavebeenapetitionfor herasecondthoughtofstayinghere.Indeed,hercomingbacktothiscountryjust
habeas corpus, and not to have the person having custody cited for contempt, tofulfillthedutiesofaguardiantoVincentforonlytwoyearsisnotcertain.
muchlessarrested).
147 KATIPUNANV.KATIPUNAN
146 VANCILV.BELMES 375SCRA200
358SCRA707
FACTS:
FACTS:

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BraulioKatipunan,assistedbyhisbrotherMiguel,soldalot/apartmentbuildingto The word incompetent includes persons suffering the penalty of civil
theBalgumabrothers.Braulio'stitlewascancelledandanewonewasissuedtothe interdictionorwhoarehospitalizedlepers,prodigals,deafanddumbwhoare
Balgumas.Inalaterdate,BrauliofiledacomplaintforannulmentoftheDeedof unable to read and write, those who are of unsound mind, even though they
AbsoluteSale. havelucidintervals,andpersonsnotbeingofunsoundmind,butbyreasonof
age,disease,weakmind,andothersimilarcauses,cannot,withoutoutsideaid,
HeaverredthathisbrotherMiguel,Atty.BalgumaandInocencioValdezconvinced takecareofthemselvesandmanagetheirproperty,becomingtherebyaneasy
him to work abroad. They made him sign a document purportedly a contract of preyfordeceitandexploitation.
employment,whichdocumentturnedouttobeaDeedofAbsoluteSale.Hefurther
alleged that he did not receive the consideration stated in the contract. He was The circumstances surrounding the execution of the contract manifest a vitiated
shockedwhenhissisterAguedatoldhimthattheBalgumabrotherssentaletterto consent on the part of Braulio. Undue influence was exerted upon him by his
the lessees of the apartment informing them that they are the new owners. He brother Miguel and Inocencio Valdez and Atty. Balguma. They did not explain to
claimedthatthethree,withevidentbadfaith,conspiredwithoneanotherintaking him the nature and contents of the document. Worse, they deprived him of a
advantageofhisignorance,hebeingonlyathirdgrader. reasonablefreedomofchoice.Itbearsstressingthathereachedonlygradethree.
Thus,itwasimpossibleforhimtounderstandthecontentsofthecontractwritten
TwiceBrauliomovedtodismisshiscomplaint,whichweregranted.Ingrantinghis in English and embellished in legal jargon. The trial court took cognizance of the
motions for reconsideration (to pursue the case again), the trial court was medicalfindingofDr.Revilla(asanexpertwitness)whotestifiedthat,basedonthe
convincedthatrespondentdidnotsignthemotionstodismissvoluntarilybecause testssheconducted,shefoundthatBrauliohasaverylowIQandamindofasix
ofhispoorcomprehension,asshownbythemedicalreportofDr.AnnetteRevilla, yearoldchild.Infact,thetrialcourthadtoclarifycertainmattersbecauseBraulio
aResidentPsychiatristatthePGH.Besides,thetrialcourtnotedthatBrauliowas was either confused, forgetful or could not comprehend. Thus, his lack of
not assisted by counsel in signing the said motions, thus it is possible that he did education,coupled withhis mentalaffliction,placed himnot onlyatahopelessly
notunderstandtheconsequencesofhisaction. disadvantageouspositionvisvispetitionerstoenterintoacontract,butvirtually
rendered him incapable of giving rational consent. To be sure, his ignorance and
Thetrialcourtsetthecaseforpretrial.ThecourtlikewisegrantedBraulio'smotion weakness made him most vulnerable to the deceitful cajoling and intimidation of
toappointAguedaashisguardianadlitem. petitioners.

Thetrialcourtdismissedthecomplaint,holdingthatrespondentfailedtoprovehis My case digests unfortunately end here. Though assignments were given up to
causesofactionsinceheadmittedthat:(1)heobtainedloansfromtheBalgumas; TRUSTEES, I unfortunately was not able to make them. For crossreference
(2) he signed the Deed of Absolute Sale; and (3) he acknowledged selling the however,pleaserefertothecasedigestscompendiummadebymyblockforthe
propertyandthathestoppedcollectingtherentals. restoftherulesconcerned.=)

HELD:
The title of the Balgumas should be annulled. It is apparent that the contract RULE93
entered into by Braulio and Atty. Balguma is voidable because Braulio is an APPOINTMENTOFGUARDIANS
incompetent.

Section 1. Who may petition for appointment of guardian for resident. Any
SinceBrauliohasamentalstateofasixyearoldchild,hecannotbeconsideredas
relative, friend, or other person on behalf of a resident minor or incompetent
fully capacitated. He falls under the category of incompetent as defined in
whohasnoparentorlawfulguardian,ortheminorhimselfiffourteenyearsof
Section2,Rule92oftheRulesofCourt:
ageorover,maypetitionthecourthavingjurisdictionfortheappointmentofa

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generalguardianforthepersonorestate,orboth,ofsuchminororincompetent. guardianofhispersonorestate,orboth,withthepowersanddutieshereinafter
An officer of the Federal Administration of the United States in the Philippines specified.
mayalsofileapetitioninfavorofawardthereof,andtheDirectorofHealth,in
favorofaninsanepersonwhoshouldbehospitalized,orinfavorofanisolated Section 6. When and how guardian for nonresident appointed. Notice. When a
leper. person liable to be put under guardianship resides without the Philippines but
theestatetherein,anyrelativeorfriendofsuchperson,oranyoneinterestedin
Section 2. Contents of petition. A petition for the appointment of a general hisestate,inexpectancyorotherwise,maypetitionacourthavingjurisdictionfor
guardianmustshow,sofarasknowntothepetitioner: the appointment of a guardian for the estate, and if, after notice given to such
(a)Thejurisdictionfacts; person and in such manner as the court deems proper, by publication or
(b) The minority or incompetency rendering the appointment necessary or otherwise,andhearing,thecourtissatisfiedthatsuchnonresidentisaminoror
convenient; incompetent rendering a guardian necessary or convenient, it may appoint a
(c)Thenames,ages,andresidenceoftherelativesoftheminororincompetent, guardianforsuchestate.
andofthepersonhavinghimintheircare;
(d)Theprobablevalueandcharacterofhisestate; Section 7. Parents as guardians. When the property of the child under parental
(e)Thenameofthepersonforwhomlettersofguardianship. authorityisworthtwothousandpesosorless,thefatherofthemother,without
the necessity of court appointment, shall be his legal guardian. When the
The petition shall be verified; but no defect in the petition or verification shall propertyofthechildisworthmorethantwothousandpesos,thefatherorthe
rendervoidtheissuanceoflettersofguardianship. mothershallbeconsideredguardianofthechild'sproperty,withthedutiesand
obligations of guardians under this rules, and shall file the petition required by
Section3.Courttosettimeforhearing.Noticethereof.Whenapetitionforthe section 2 hereof. For good reasons the court may, however, appoint another
appointmentofageneralguardianisfiled,thecourtshallfixatimeandplacefor suitableperson.
hearing the same, and shall cause reasonable notice thereof to be given to the
personsmentionedinthepetitionresidingintheprovince,includingtheminorif Section8.Serviceofjudgment.Finalordersorjudgmentsunderthisruleshallbe
above14yearsofageortheincompetenthimself,andmaydirectothergeneral served upon the civil registrar of the municipality or city where the minor or
orspecialnoticethereoftobegiven. incompetentpersonresidesorwherehispropertyorpartthereofissituated.

Section4.Oppositiontopetition.Anyinterestedpersonmay,byfilingawritten
RULE94
opposition,contestthepetitiononthegroundofmajorityoftheallegedminor,
BONDSOFGUARDIANS
competency of the alleged incompetent, or the insuitability of the person for
whom letters are prayed, and may pray that the petition be dismissed, or that
letters of guardianship issue to himself, or to any suitable person named in the Section 1. Bond to be given before issuance of letters. Amount. Condition.
opposition. Beforeaguardianappointedentersupontheexecutionofhistrust,orlettersof
guardianship issue, he shall give a bond, in such sum as the court directs,
Section5.Hearingandorderforletterstoissue.Atthehearingofthepetitionthe conditionedasfollows:
alleged in competent must be present if able to attend, and it must be shown
that the required notice has been given. Thereupon the courts shall hear the (a)Tomakeandreturntothecourt,withinthree(3)months,atrueandcomplete
evidence of the parties in support of their respective allegations, and, if the inventoryofalltheestate,realandpersonal,ofhiswardwhichshallcometohis
person in question is a minor, or incompetent it shall be appoint a suitable possessionorknowledgeofanyotherpersonforhim;

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(b) To faithfully execute the duties of his trust, to manage and dispose of the
estateaccordingtotheserulesforthebestinterestsoftheward,andtoprovide DOES THE GUARDIAN NEED TO SECURE COURT APPROVAL FOR SALE OF
forthepropercare,custody,andeducationoftheward; PERISHABLEGOODSOWNEDBYTHEWARD?
Therulesdoesntdistinguishonthetypeofgoods
(c) To render a true and just account of all the estate of the ward in his hands, The guardian needs to always secure court approval before sale or
and of all proceeds or interest derived therefrom, and of the management and encumbranceofthepropertiesoftheward
disposition of the same, at the time designated by these rules and such other
timesasthecourtsdirects,andattheexpirationofhistrusttosettlehisaccounts Section2.Ordertoshowcausethereupon. Ifitseemsprobablethatsuchsale
with the court and deliver and pay over all the estate, effects, and moneys orencumbranceisnecessary,orwouldbebeneficialtotheward,thecourtshall
remaining in his hands, or due from him on such settlement, to the person makeanorderdirectingthenextofkinoftheward,andallpersonsinterestedin
lawfullyentitledthereto; the estate, to appear at a reasonable time and place therein specified to show
causewhytheprayerofthepetitionshouldnotbegranted.
(d)Toperformallordersofthecourtbyhimtobeperformed.
Section3.Hearingonreturnoforder.Costs. Atthetimeandplacedesignated
Section 2. When new bond may be required and old sureties discharged. intheordertoshowcause,thecourtshallheartheproofsandallegationsofthe
Wheneveritisdeemednecessary,thecourtmayrequireanewbondtobegiven petitioner and next of kin, and other persons interested, together with their
by the guardian, and may discharge the sureties on the old bond from further witnesses,andgrantandrefusetheprayerofthepetitionasthebestinterestof
liability, after due notice to interested persons, when no injury can result the ward require. The court shall make such order as to cost of the hearing as
therefromtothoseinterestedintheestate. maybejust.

Section3.Bondstobefiled.Actionsthereon. Everybondgivenbyaguardian Section 4. Contents of order for sale or encumbrance, and how long effective.
shallbefiledintheofficeoftheclerkofthecourt,and,incaseofthebreachofa Bond. If, after full examination, it appears that it is necessary, or would be
condition thereof, may be prosecuted in the same proceeding or in a separate beneficialtotheward,tosellorencumbertheestate,orsomeportionofit,the
action for the use and benefit of the ward or of any other person legally court shall order such sale or encumbrance and that the proceeds thereof be
interestedintheestate. expendedforthemaintenanceofthewardandhisfamily,ortheeducationofthe
ward,ifaminor,orfortheputtingofthesameinterest,ortheinvestmentofthe
same as the circumstances may require. The order shall specify the causes why
RULE95
the sale or encumbrance is necessary or beneficial, and may direct that estate
SELLINGANDENCUMBERINGPROPERTYOFWARD
ordered sold be disposed of at either public or private sale, subject to such
conditionsastothetimeandmannerofpayment,andsecuritywhereapartof
Section1.Petitionofguardianforleavetosellorencumberestate. Whenthe the payment is deferred as in the discretion of the court are deemed most
incomeoftheestateunderguardianshipisinsufficienttomaintainthewardand beneficialtotheward.Theoriginalbondoftheguardianshallstandassecurity
his family, or to maintain and educate the ward when a minor, or when it for the proper appropriation of the proceeds of the sale, but the judge may, if
appears that it is for the benefit of the ward that his real estate or some part deemedexpedient,requireanadditionalbondasaconditionforthegrantingof
thereof be sold, or mortgaged or otherwise encumbered, and the proceeds the order of sale. No order of sale granted in pursuance of this section shall
thereof put out at interest, or invested in some productive security, or in the continueinforcemorethanone(1)yearaftergrantingthesame,withoutasale
improvement or security or other real estate of the ward, the guardian may beinghad.
presentaverifiedpetitiontothecourtbywhichhewasappointedsettingforth
suchfacts,andprayingthatanorderissueauthorizingthesaleorencumbrance. WHATSHALLTHEORDERSTATE?

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1. Specifythecauseswhythesaleorencumbranceisnecessaryorbeneficial in all actions and special proceedings, unless another person be appointed for
2. Itmaydirectthatestateorderedsoldbedisposedofateitherpublicor thatpurpose.
private sale, subject to such conditions as to the time and manner of
payment,andsecuritywhereapartofthepaymentisdeferredasinthe Section4.Estatetobemanagedfrugally,andproceedsappliedtomaintenanceof
discretionofthecourtaredeemedmostbeneficialtothe ward. Aguardianmustmanagetheestateofhiswardfrugallyandwithoutthe
waste,andapplytheincomeandprofitsthereof,sofarasmaybenecessary,to
Section 5. Court may order investment of proceeds and direct management of thecomfortableandsuitablemaintenanceofthewardandhisfamily,iftherebe
estate. The court may authorize and require the guardian to invest the any;andifsuchincomeandprofitsbeinsufficientforthatpurpose,theguardian
proceeds of sales or encumbrances, and any other of his ward's money in his maysellorencumberthe realestate,upon beingauthorizedbyorderso to do,
hands, in real estate or otherwise, as shall be for the best interest of all andapplytosuchoftheproceedsasmaybenecessarytosuchmaintenance.
concerned, and may make such other orders for the management, investment,
anddispositionoftheestateandeffects,ascircumstancesmayrequire. Section 5. Guardian may be authorized to join in partition proceedings after
hearing. The court may authorized the guardian to join in an assent to a
partition of real or personal estate held by the ward jointly or in common with
RULE96
others,butsuchauthorityshallonlybegrantedafterhearing,uponsuchnoticeto
GENERALPOWERSANDDUTIESOFGUARDIANS
relativesofthewardasthecourtmaydirect,andacarefulinvestigationastothe
necessityandproprietyoftheproposedaction.
Section1.Towhatguardianshipshallextend. Aguardianappointedshallhave
the care and custody of the person of his ward, and the management of his Section 6. Proceedings when the person suspected of embezzling or concealing
estate,orthemanagementoftheestateonly,asthecasemaybe.Theguardian property of ward. Upon complaint of the guardian or ward, or of any person
oftheestateofanonresidentshallhavethemanagementofalltheestateofthe havingactualorprospectiveinterestintheestateofthewardascreditor,heir,or
wardwithinthePhilippines,andnocourtotherthanthatinwhichsuchguardian otherwise,thatanyoneissuspectedofhavingembezzled,concealed,orconveyed
wasappointedshallhavejurisdictionovertheguardianship. away any money, goods, or interest, or a written instrument, belonging to the
ward or his estate, the court may cite the suspected person to appear for
WHYISGUARDIANSHIPFORMANAGEMENTOFESTATEONLYALLOWED? examinationtouchingsuchmoney,goods,interest,orinstrument,andmakesuch
Managementofestatedoesntnecessarilyneedthecareandcustodyof orders as will secure the estate against such embezzlement, concealment or
theperson conveyance.

Section2.Guardiantopaydebtsofward. Everyguardianmustpaytheward's Section7.Inventoriesandaccountsofguardians,andappraisementofestates.
just debts out of his personal estate and the income of his real estate, if Aguardianmustrendertothecourtaninventoryoftheestateofhiswardwithin
sufficient;ifnot,thenoutofhisrealestateuponobtaininganorderforthesale three(3)monthsafterhisappointment,andannuallyaftersuchappointmentan
orencumbrancethereof. inventoryandaccount,therenditionofanyofwhichmaybecompelleduponthe
applicationofaninterestedperson.Suchinventoriesandaccountsshallbesworn
Section 3. Guardian to settle accounts, collect debts, and appear in actions for tobytheguardian.Alltheestateofthewarddescribedinthefirstinventoryshall
ward. A guardian must settle all accounts of his ward, and demand, sue for, beappraised.Intheappraisementthecourtmayrequesttheassistanceofoneor
andreceivealldebtsduehim,ormay,withtheapprovalofthecourt,compound moreoftheinheritancetaxappraisers.Andwheneveranypropertyoftheward
for the same and give discharges to the debtor, on receiving a fair and just not included in an inventory already rendered is discovered, or suceeded to, or
dividendoftheestateandeffects;andheshallappearforandrepresenthisward acquiredbytheward,likeproceedingsshallbehadforsecuringaninventoryand

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appraisementthereofwithinthree(3)monthsaftersuchdiscovery,succession,or GROUNDSFORTERMINATIONOFGUARDIANSHIP
acquisition. 1. Competencyofward
2. Insanityandincompetencyoftheguardianhimself
Section 8. When guardian's accounts presented for settlement. Expenses and 3. Deathofthewardorguardianhimself
compensation allowed. Upon the expiration of a year from the time of his 4. Resignationoftheguardian
appointment, and as often thereafter as may be required, a guardian must 5. Guardianincapableofdischarginghistrust
presenthisaccounttothecourtforsettlementandallowance.Inthesettlement 6. Guardianmismanagedorwastedtheestate
oftheaccount,theguardian,otherthanaparent,shallbeallowedtheamountof 7. Conflictofinterest
his reasonable expenses incurred in the execution of his trust and also such 8. Guardian failed to render accounting and inventory for 30 days after
compensationforhisservicesasthecourtdeemsjust,notexceedingfifteenper courtorder
centumofthenetincomeoftheward.
Section2.Whentheguardianremovedorallowedtoresign.Newappointment.
WHATARETHEGENERALPOWERSOFAGUARDIAN? Whenaguardianbecomesinsaneorotherwiseincapableofdischarginghistrust
1. Careandcustodyoftheward,and/ormanagementofhisestate or unsuitable therefor, or has wasted or mismanaged the estate, or failed for
2. Paythedebtsofhisward thirty (30) days after it is due to render an account or make a return, the court
3. Tosettleaccounts,collectdebts,andappearinactionsforward may, upon reasonable notice to the guardian, remove him, and compel him to
4. Managetheestatefrugally surrender the estate of the ward to the person found to be lawfully entitled
5. Maybeauthorizedtojoininpartitionproceedingsafterhearing thereto. A guardian may resign when it appears proper to allow the same; and
6. To institute proceedings where the person is suspected of embezzling, uponhisresignationorremovalthecourtmayappointanotherinhisplace.
concealingpropertyofward
7. Inventoriesandaccountsofguardians,andappraisementofestate Section 3. Other termination of guardianship. The marriage or voluntary
emancipation of a minor ward terminates the guardianship of the peson of the
ward,andshallenabletheminortoadministerhispropertyasthoughhewereof
RULE97
age, but he cannot borrow the money or alienate or encumber real property
TERMINATIONOFGUARDIANSHIP
withouttheconsentofhisfatherormother,orguardian.Hecansueandbesued
incourtonlywiththeassistanceofhisfather,motherorguardian.Theguardian
Section 1. Petition that competency of ward be adjudged, and proceedings of any person may be discharged by the court when it appears, upon the
thereupon. Apersonwhohasbeendeclaredincompetentforanyreason,orhis application of the ward or otherwise, that the guardianship is no longer
guardian, relative, or friend, may petition the court to have his present necessary.
competency judicially determined. The petition shall be verified by oath, and
shallstatethatsuchpersonisthencompetent.Uponreceivingthepetition,the Section 4. Record to be kept by the justice of the peace or municipal judge.
court shall fix a time for hearing the questions raised thereby, and cause When a justice of the peace or municipal court takes cognizance of the
reasonablenoticethereoftobegiventotheguardianofthepersonsodeclared proceedings in pursuance of the provisions of these rules, the record of the
incompetent,andtotheward.Onthetrial,theguardianorrelativesoftheward, proceedingsshallbekeptasintheCourtofFirstInstance.
and,inthediscretionofthecourt,anyotherperson,maycontesttherighttothe
reliefdemanded,andwitnessesmaybecalledandexaminedbythepartiesorby Section5.Serviceofjudgment. Finalordersofjudgmentsunderthisruleshall
the court on its own motion. If it be found that the person is no longer beserveduponthecivilregistrarofthemunicipalityorcitywheretheminoror
incompetent,hiscompetencyshallbeadjudgedandtheguardianshipshallcease. incompetentpersonresidesorwherehispropertyorpartthereofissituated.

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Sec. 5. Qualifications of guardians. In appointing a guardian, the court shall


A.M.No.030205SC20030501
considertheguardians:
RULEONGUARDIANSHIPOFMINORS

(a)moralcharacter;
Section 1. Applicability of the Rule. This Rule shall apply to petitions for
guardianshipoverthepersonorproperty,orboth,ofaminor. (b)physical,mentalandpsychologicalcondition;

The father and the mother shall jointly exercise legal guardianship over the (c)financialstatus;
personandpropertyoftheirunemancipatedcommonchildwithoutthenecessity
of a court appointment. In such case, this Rule shall be suppletory to the (d)relationshipoftrustwiththeminor;
provisionsoftheFamilyCodeonguardianship.
(e)availabilitytoexercisethepowersanddutiesofaguardianforthefullperiod
Sec.2.Whomaypetitionforappointmentofguardian.Ongroundsauthorized oftheguardianship;
bylaw,anyrelativeorotherpersononbehalfofaminor,ortheminorhimselfif
fourteenyearsofageorover,maypetitiontheFamilyCourtfortheappointment (f)lackofconflictofinterestwiththeminor;and
of a general guardian over the person or property, or both, of such minor. The
petition may also be filed by the Secretary of Social Welfare and Development (g)abilitytomanagethepropertyoftheminor.
and by the Secretary of Health in the case of an insane minor who needs to be
hospitalized. Sec.6.Whomaybeappointedguardianofthepersonorproperty,orboth,ofa
minor. In default of parents or a courtappointed guardian, the court may
Sec. 3. Where to file petition. A petition for guardianship over the person or appoint a guardian of the person or property, or both, of a minor, observing as
property,orboth,ofaminormaybefiledintheFamilyCourtoftheprovinceor faraspracticable,thefollowingorderofpreference:
city where the minor actually resides. If he resides in a foreign country, the
petition shall be flied with the Family Court of the province or city where his (a)thesurvivinggrandparentandIncaseseveralgrandparentssurvive,thecourt
propertyoranypartthereofissituated. shallselectanyofthemtakingIntoaccountallrelevantconsiderations;

Sec.4.Groundsofpetition.Thegroundsfortheappointmentofaguardianover (b)theoldestbrotherorsisteroftheminorovertwentyoneyearsofage,unless
thepersonorproperty,orboth,ofaminorarethefollowing: unfitordisqualified;

(a)death,continuedabsence,orincapacityofhisparents; (c)theactualcustodianoftheminorovertwentyoneyearsofage,unlessunfitor
disqualified;and
(b)suspension,deprivationorterminationofparentalauthority;
(d)anyotherperson,whointhesounddiscretionofthecourt,wouldservethe
(c)remarriageofhissurvivingparent,ifthelatterIsfoundunsuitabletoexercise bestinterestsoftheminor.
parentalauthority;or
Sec. 7. Contents of petition. A petition for the appointment of a general
(d)whenthebestinterestsoftheminorsorequire. guardianmustallegethefollowing:

(a)Thejurisdictionalfacts;

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(b)Thename,ageandresidenceoftheprospectiveward; Sec.11.Hearingandorderforletterstoissue.Atthehearingofthepetition,it
must be shown that the requirement of notice has been complied with. The
(c)Thegroundrenderingtheappointmentnecessaryorconvenient; prospective ward shall be presented to the court. The court shall hear the
evidence of the parties in support of their respective allegations. If warranted,
(d) The death of the parents of the minor or the termination, deprivation or thecourtshallappointasuitableguardianofthepersonorproperty,orboth,of
suspensionoftheirparentalauthority; theminor.

(e)Theremarriageoftheminorssurvivingparent; Atthediscretionofthecourt,thehearingonguardianshipmaybeclosedtothe
publicandtherecordsofthecaseshallnotbereleasedwithoutitsapproval.
(f)Thenames,ages,andresidencesofrelativeswithinthe4thcivildegreeofthe
minor,andofpersonshavinghimintheircareandcustody; Sec. 12. When and how a guardian of the property for nonresident minor is
appointed; notice. When the minor resides outside the Philippines but has
(g)Theprobablevalue,characterandlocationofthepropertyoftheminor;and property in the Philippines, any relative or friend of such minor, or any one
interested in his property, in expectancy or otherwise, may petition the Family
(h)Thename,ageandresidenceofthepersonforwhomlettersofguardianship Courtfortheappointmentofaguardianovertheproperty.
areprayed.
Noticeofhearingofthepetitionshallbegiventotheminorbypublicationorany
The petition shall be verified and accompanied by a certification against forum other means as the court may deem proper. The court may dispense with the
shopping.However,nodefectinthepetitionorverificationshallrendervoidthe presenceofthenonresidentminor.
issuanceoflettersofguardianship.
If after hearing the court is satisfied that such nonresident is a minor and a
Sec. 8. Time and notice of hearing. When a petition for the appointment of a guardianisnecessaryorconvenient,itmayappointaguardianoverhisproperty.
generalguardianisfiled,thecourtshallfixatimeandplaceforitshearing,and
shall cause reasonable notice to be given to the persons mentioned in the Sec. 13. Service of final and executory judgment or order. The final and
petition,includingtheminorifheisfourteenyearsofageorover,andmaydirect executoryjudgmentorordershallbeservedupontheLocalCivilRegistrarofthe
othergeneralorspecialnoticetobegiven. municipality or city where the minor resides and the Register of Deeds of the
place where his property or part thereof is situated shall annotate the same in
Sec.9.Casestudyreport.Thecourtshallorderasocialworkertoconductacase thecorrespondingtitle,andreporttothecourthiscompliancewithinfifteendays
study of the minor and all the prospective guardians and submit his report and fromreceiptoftheorder.
recommendationtothecourtforitsguidancebeforethescheduledhearing.The
socialworkermayinterveneonbehalfoftheminorifhefindsthatthepetition Sec. 14. Bond of guardian; amount; conditions.Before he enters upon the
forguardianshipshouldbedenied. execution of his trust, or letters of guardianship issue, an appointed guardian
may be required to post a bond in such sum as the court shall determine and
Sec.10.Oppositiontopetition.Anyinterestedpersonmaycontestthepetition conditionedasfollows:
byfilingawrittenoppositionbasedonsuchgroundsasthemajorityoftheminor
ortheunsuitabilityofthepersonforwhomlettersareprayed,andpraythatthe (a)Tomakeandreturntothecourt,withinthreemonthsaftertheissuanceofhis
petition be denied, or that letters of guardianship issue to himself, or to any letters of guardianship, a true and complete Inventory of all the property, real
suitablepersonnamedintheopposition.

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andpersonal,ofhiswardwhichshallcometohispossessionorknowledgeorto The petition shall be docketed as a summary special proceeding In which all
thepossessionorknowledgeofanyotherpersoninhisbehalf; incidents and issues regarding the performance of the obligations of a general
guardianshallbeheardandresolved.
(b) To faithfully execute the duties of his trust, to manage and dispose of the
propertyaccordingtothisruleforthebestinterestsoftheward,andtoprovide Sec.17.Generaldutiesofguardian.Aguardianshallhavethecareandcustody
forhispropercare,custodyandeducation; of the person of his ward and the management of his property, or only the
management of his property. The guardian of the property of a nonresident
(c)TorenderatrueandJustaccountofallthepropertyofthewardinhishands, minorshallhavethemanagementofallhispropertywithinthePhilippines.
and of all proceeds or interest derived therefrom, and of the management and
dispositionofthesame,atthetimedesignatedbythisruleandsuchothertimes Aguardianshallperformthefollowingduties:
asthecourtdirects;andattheexpirationofhistrust,tosettlehisaccountswith
the court and deliver and pay over all the property, effects, and monies (a)Topaythejustdebtsofthewardoutofthepersonalpropertyandtheincome
remaining in his hands, or due from him on such settlement, to the person oftherealpropertyoftheward,If thesameis sufficient;otherwise,out of the
lawfullyentitledthereto;and realpropertyofthewarduponobtaininganorderforitssaleorencumbrance;

(d)Toperformallordersofthecourtandsuchotherdutiesasmayberequiredby (b)Tosettleallaccountsofhisward,anddemand,suefor,receivealldebtsdue
law. him, or may, with the approval of the court, compound for the same and give
dischargestothedebtoronreceivingafairandjustdividendofthepropertyand
Sec.15.Wheretofilethebond;actionthereon.Thebondpostedbyaguardian effects; and to appear for and represent the ward in all actions and special
shallbefiledintheFamilyCourtand,Incaseofbreachofanyofitsconditions, proceedings,unlessanotherpersonisappointedforthatpurpose;
the guardian may be prosecuted in the same proceeding for the benefit of the
wardorofanyotherpersonlegallyinterestedintheproperty. (c)Tomanagethepropertyofthewardfrugallyandwithoutwaste,andapplythe
incomeandprofitsthereon,insofarasmaybenecessary,tothecomfortableand
Whenevernecessary,thecourtmayrequiretheguardiantopostanewbondand suitablemaintenanceoftheward;andifsuchincomeandprofitsbeinsufficient
maydischargefromfurtherliabilitythesuretiesontheoldbondafterduenotice for that purpose, to sell or encumber the real or personal property, upon being
tointerestedpersons,ifnoinjurymayresulttherefromtothoseinterestedinthe authorizedbythecourttodoso;
property.
(d) To consent to a partition of real or personal property owned by the ward
Sec.16.Bondofparentsasguardiansofpropertyofminor.lfthemarketvalue jointly or in common with others upon authority granted by the court after
ofthepropertyortheannualIncomeofthechildexceedsP50,000.00,theparent hearing, notice to relatives of the ward, and a careful investigation as to the
concernedshallfurnishabondInsuchamountasthecourtmaydetermine,but necessityandproprietyoftheproposedaction;
in no case less than ten per centurn of the value of such property or annual
income, to guarantee the performance of the obligations prescribed for general (e)Tosubmittothecourtaverifiedinventoryofthepropertyofhiswardwithin
guardians. three months after his appointment, and annually thereafter, the rendition of
whichmayberequiredupontheapplicationofaninterestedperson;
AverifiedpetitionforapprovalofthebondshallbefliedintheFamilyCourtof
the place where the child resides or, if the child resides in a foreign country, in (f)Toreporttothecourtanypropertyofthewardnotincludedintheinventory
theFamilyCourtoftheplacewherethepropertyoranypartthereofissituated. which is discovered, or succeeded to, or acquired by the ward within three
monthsaftersuchdiscovery,succession,oracquisition;and

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witnesses,andgrantordenythepetitionasthebestinterestsofthewardmay
(g)Torendertothecourtforitsapprovalanaccountingofthepropertyoneyear require.
fromhisappointment,andeveryyearthereafterorasoftenasmayberequired.
Sec. 22. Contents of order for sale or encumbrance and its duration; bond. If,
Sec.18.PoweranddutyofthecourtThecourtmay: afterfullexamination,itisnecessary,orwouldbebeneficialtotheward,tosell
orencumbertheproperty,orsomeportionofit,thecourtshallordersuchsaleor
(a)Requesttheassistanceofoneormorecommissionersintheappraisalofthe encumbrance the proceeds of which shall be expended for the maintenance or
propertyofthewardreportedintheinitialandsubsequentinventories; the education of the ward, or invested as the circumstances may require. The
ordershallspecifythegroundsforthesaleorencumbranceandmaydirectthat
(b)Authorizereimbursementtotheguardian,otherthanaparent,ofreasonable thepropertyorderedsoldbedisposedofatpublicsale,subjecttosuchconditions
expenses incurred in the execution of his trust, and allow payment of astothetimeandmannerofpayment,andsecuritywhereapartofthepayment
compensationforhisservicesasthecourtmaydeemjust,notexceedingtenper is deferred. The original bond of the guardian shall stand as security for the
centum of the net income of the ward, if any; otherwise, in such amount the properappropriationoftheproceedsofthesaleorencumbrance,butthecourt
courtdeterminestobeareasonablecompensationforhisservices;and may,ifdeemedexpedient,requireanadditionalbondasaconditionforthesale
orencumbrance.Theauthoritytosellorencumbershallnotextendbeyondone
(c) Upon complaint of the guardian or ward, or of any person having actual or year,unlessrenewedbythecourt.
prospectiveinterestinthepropertyattheward,requireanypersonsuspectedof
havingembezzled,concealed,ordisposedofanymoney,goodsorinterest,ora Sec. 23. Court may order investment of proceeds and direct management of
written instrument belonging to the ward or his property to appear for property. The court may authorize and require the guardian to invest the
examination concerning any thereof and issue such orders as would secure the proceeds of sales or encumbrances, and any other money of his ward in his
propertyagainstsuchembezzlement,concealmentorconveyance. hands,inrealorpersonalproperty,forthebestinterestsoftheward,andmay
makesuchotherordersforthemanagement,investment,anddispositionofthe
Sec. 19. Petition to sell or encumber property.When the income of a property propertyandeffects,ascircumstancesmaywarrant.
underguardianshipisinsufficienttomaintainandeducatetheward,orwhenitis
for his benefit that his personal or real property or any part thereof be sold, Sec. 24. Grounds for removal or resignation of guardian. When a guardian
mortgaged or otherwise encumbered, and the proceeds invested in safe and becomes insane or otherwise incapable of discharging his trust or is found
productivesecurity,orintheimprovementorsecurityofotherrealproperty,the thereafter to be unsuitable, or has wasted or mismanaged the property of the
guardianmayfileaverifiedpetitionsettingforthsuchfacts,andprayingthatan ward,orhasfailedtorenderanaccountormakeareturnforthirtydaysafteritis
orderissueauthorizingthesaleorencumbranceoftheproperty. due,thecourtmay,uponreasonablenoticetotheguardian,removehimassuch
andrequirehimtosurrenderthepropertyofthewardtothepersonfoundtobe
Sec.20.Ordertoshowcause.Ifthesaleorencumbranceisnecessaryorwould lawfullyentitledthereto.
be beneficial to the ward, the court shall order his next of kin and all person/s
interested in the property to appear at a reasonable time and place therein Thecourtmayallowtheguardiantoresignforjustifiablecauses.
specifiedandshowcausewhythepetitionshouldnotbegranted.
Upontheremovalorresignationoftheguardian,thecourtshallappointanew
Sec.21.Hearingonreturnoforder;costs.Atthetimeandplacedesignatedin one.
theordertoshowcause,thecourtshallheartheallegationsandevidenceofthe
petitioner and next of kin, and other persons interested, together with their

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No motion for removal or resignation shall be granted unless the guardian has
submittedtheproperaccountingofthepropertyofthewardandthecourthas PARTIESINVOLVEDINANEXPRESSTRUST
approvedthesame. 1. Trustor
2. Trustee
Sec. 25. Ground for termination of guardianship. The court motu proprio or 3. Beneficiary
upon verified motion of any person allowed to file a petition for guardianship
mayterminatetheguardianshiponthegroundthatthewardhascomeofageor FILINGOFPETITIONMAYBEDONEINTESTATEESTATEPROCEEDINGS
has died. The guardian shall notify the court of such fact within ten days of its Wheretheappointmentofatrusteeisnecessarytocarryintoeffectthe
occurrence. provisionsofthewill,aswherethetestatorprovidedthereinthatcertain
portionsofhispropertybeplacedintrust
Sec. 26. Service of final and executory judgment or order. The final and
executoryjudgmentorordershallbeservedupontheLocalCivilRegistrarofthe Section 2. Appointment and powers of trustees under will. Executor of former
municipality or city where the minor resides and the Register of Deeds of the trusteeneednotadministertrust. Ifatestatorhasomittedinhiswilltoappoint
provinceorcitywherehispropertyoranypartthereofissituated.BoththeLocal a trustee in the Philippines, and if such appointment is necessary to carry into
Civil Registrar and the Register of Deeds shall enter the final and executory effect the provisions of the will, the proper Court of First Instance may, after
judgmentororderintheappropriatebooksintheiroffices. noticetoallpersonsinterested,appointatrusteewhoshallhavethesamerights,
powers, and duties, and in whom the estate shall vest, as if he had been
Sec.27.Effectoftherule.ThisRuleamendsRules92to97inclusiveoftheRules appointed by the testator. No person succeeding to a trust as executor or
of Court on guardianship of minors. Guardianship of incompetents who are not administratorofaformertrusteeshallberequiredtoacceptsuchtrust.
minors shall continue to be under the jurisdiction of the regular courts and
governedbytheRulesofCourt. Section3.Appointmentandpowersofnewtrusteeunderwritteninstrument.
When a trustee under a written instrument declines, resigns, dies or removed
Sec. 28. Effectivity. This Rule shall take effect on May 1, 2003 following its before the objects of the trust are accomplished, and no adequate provision is
publicationinanewspaperofgeneralcirculationnotlaterthanApril15,2003. made in such instrument for supplying the vacancy, the proper Court of First
Instancemay,afterduenoticetoallpersonsinterested,appointanewtrusteeto
act alone or jointly with the others, as the case may be. Such new trustee shall
RULE98
haveandexercisethesamepowers,right,anddutiesasifhehadbeenoriginally
TRUSTEES
appointed,andthetrustestateshallvestinhiminlikemannerasithadvestedor
wouldhavevested,inthetrusteeinwhoseplaceheissubstitutedandthecourt
Section1.Wheretrusteeappointed. Atrusteenecessarytocarryintoeffectthe may order such conveyance to be made by the former trustee or his
provisionsofawillonwritteninstrumentshallbeappointedbytheCourtofFirst representatives, or by the other remaining trustees, as may be necessary or
Instanceinwhichthewillwasallowed,ifitbeawillallowedinthePhilippines, proper to vest the trust estate in the new trustee, either or jointly with the
otherwisebytheCourtofFirstInstanceoftheprovinceinwhichtheproperty,or others.
someportionthereof,affectedbythetrustissituated.
Section 4. Proceedings where trustee appointed abroad. When land in the
APPLICABILITYOFRULES Philippinesisheldintrustforpersonsresidentherebyatrusteewhoderiveshis
This rule applies only to express trusts as these are understood in the authorityfromwithoutthePhilippines,suchtrusteeshall,onpetitionfiledinthe
CivilCodeprovisionsanddoesntapplytoimpliedtrustswhicharisefrom CourtofFirstInstanceoftheprovincewherethelandissituated,andafterdue
operationoflaw noticetoallpersonsinterested,beorderedtoapplytothecourtforappointment

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astrustee;anduponhisneglectorrefusaltocomplywithsuchorder,thecourt tobereturnedbyatrustee,theestateandeffectsbelongingtothetrustshallbe
shalldeclaresuchtrustvacant,andshallappointanewtrusteeinwhomthetrust appraised and the court may order one or more inheritance tax appraisers to
estate shall vest in like manner as if he had been originally appointed by such assistintheappraisement.Thecompensationofthetrusteeshallbefixedbythe
court. court,ifitbenotdeterminedintheinstrumentcreatingthetrust.

Section5.Trusteemustfilebond. Beforeenteringonthedutiesofhistrust,a Section8.Removalorresignationoftrustee. TheproperCourtofFirstInstance
trusteeshallfilewiththeclerkofthecourthavingjurisdictionofthetrustabond may,uponpetitionofthepartiesbeneficiallyinterestedandafterduenoticeto
intheamountfixedbythejudgeofsaidcourt,payabletotheGovernmentofthe thetrusteeandhearing,removeatrusteeifsuchremovalappearsessentialinthe
Philippinesandsufficientandavailablefortheprotectionofanypartyininterest, interest of the petitioner. The court may also, after due notice to all persons
andatrusteewhoneglectstofilesuchbondshallbeconsideredtohavedeclined interested,removeatrusteewhoisinsaneorotherwiseincapableofdischarging
or resigned the trust; but the court may until further order exempt a trustee his trust or evidently unsuitable therefor. A trustee, whether appointed by the
underawillfromgivingabondwhenthetestatorhasdirectedorrequestedsuch courtorunderawritteninstrument,mayresignhistrustifitappearstothecourt
exemption and may so exempt any trustee when all persons beneficially propertoallowsuchresignation.
interestedinthetrust,beingoffullage,requesttheexemption.Suchexemption
maybecancelledbythecourtatanytimeandthetrusteerequiredtoforthwith Section9.Proceedingsforsaleorencumbranceoftrustestate. Whenthesale
fileabond. or encumbrance of any real or personal estate held in trust is necessary or
expedient, the court having jurisdiction of the trust may, on petition and after
Section 6. Conditions included in bond. The following conditions shall be duenoticeandhearing,ordersuchsaleorencumbrancetobemade,andthere
deemedtobepartofthebondwhetherwrittenthereinornot; investment and application of the proceeds thereof in such manner as will best
(a) That the trustee will make and return to the court, at such time as it may effect the objects of the trust. The petition, notice, hearing, order of sale or
order, a true inventory of all the real and personal estate belonging to him as encumbrance, and record of proceedings, shall conform as nearly as may be to
trustee,whichatthetimeofthemakingofsuchinventoryshallhavecometohis theprovisionsconcerningthesaleorimcumbrancebyguardiansoftheproperty
possessionorknowledge; ofminorsorotherwards.
(b)Thathewillmanageanddisposeofallsuchestate,andfaithfullydischargehis
trust in relation thereto, according to law and the will of the testator or the EXEMPTIONOFTRUSTEEFROMPOSTINGBOND
provisionsoftheinstrumentororderunderwhichheisappointed; Unlike an executor who must still post a bond notwithstanding
(c) That he will render upon oath at least once a year until his trust is fulfilled, exemptionstatedinwill,thetrusteeisnotmandatedtopostabondifhe
unless he is excused therefrom in any year by the court, a true account of the wasexemptedunderthewill
property in his hands and the management and disposition thereof, and will
rendersuchotheraccountsasthecourtmayorder;
RULE102
(d)Thatattheexpirationofhistrusthewillsettlehisaccountincourtandpay
HABEASCORPUS
overanddeliveralltheestateremaininginhishands,orduefromhimonsuch
settlement,tothepersonorpersonsentitledtothereto.
Butwhenthetrusteeisappointedasasuccessortoapriortrustee,thecourtmay Section 1. To what habeas corpus extends. Except as otherwise expressly
dispense with the making and return of an inventory, if one has already been provided by law, the writ of habeas corpus shall extend to all cases of illegal
filed, and in such case the condition of the bond shall be deemed to be altered confinement or detention by which any person is deprived of his liberty, or by
accordingly. which the rightful custody of any person is withheld from the person entitled
thereto.
Section7.Appraisal.Compensationoftrustee. Whenaninventoryisrequired

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WRITOFHABEASCORPUS bysomepersononhisbehalf,andshallsetforth:
Writ directed to the person detaining another and commanding him to (a) That the person in whose behalf the application is made is imprisoned or
produce the body of the prisoner at a certain time and place, with the restrainedonhisliberty;
day and the cause of his caption and detention, to do, submit to, and (b)Theofficerornameofthepersonbywhomheissoimprisonedorrestrained;
receivewhatsoeverthecourtorjudgeawardingthewritshallconsiderin or,ifbothareunknownoruncertain,suchofficerorpersonmaybedescribedby
thatbehalf an assumed appellation, and the person who is served with the writ shall be
deemedthepersonintended;
HABEASCORPUSASAREMEDYUNDERTHERULES (c)Theplacewhereheissoimprisonedorrestrained,ifknown;
Remedy in all cases of illegal confinement or detention or where the (d)Acopyofthecommitmentorcauseofdetentionofsuchperson,ifitcanbe
rightfulcustodyofapersoniswithheldfromoneentitledtosuchcustody procuredwithoutimpairingtheefficiencyoftheremedy;or,iftheimprisonment
Actualoreffective,notmerelynominalormoral,restraintisrequired orrestraintiswithoutanylegalauthority,suchfactshallappear.
However,actualphysicalrestrainedisnotalwaysrequired,anyrestraint
thatwillprejudicefreedomofactionissufficient Section4.Whenwritnotallowedordischargeauthorized. Ifitappearsthatthe
personallegedtoberestrainedofhislibertyisinthecustodyofanofficerunder
INSTANCESWHENTHEWRITMAYLIKEWISEBEAVAILEDOF processissuedbyacourtorjudgeorbyvirtueofajudgmentororderofacourt
1. There has been deprivation of a constitutional right resulting in a ofrecord,andthatthecourtorjudgehadjurisdictiontoissuetheprocess,render
restraintofaperson the judgment, or make the order, the writ shall not be allowed; or if the
2. Thecourthadnojurisdictiontoimposethesentence jurisdictionappearsafterthewritisallowed,thepersonshallnotbedischarged
3. An excessive penalty has been imposed, such sentence being void as to by reason of any informality or defect in the process, judgment, or order. Not
suchexcess shallanythinginthisrulebeheldtoauthorizethedischargeofapersoncharged
with or convicted of an offense in the Philippines, or of a person suffering
WHAT IS NECESSARY FOR WRIT TO BE ISSUED IN CASE OF COURT JUDGMENT imprisonmentunderlawfuljudgment.
RESULTINGTOILLEGALDEPRIVATIONOFLIBERTY?
Judgmentnolongerappealable,inwhichcasethewritisinthenatureof Section 5. When the writ must be granted and issued. A court or judge
acollateralattackagainstafinalandvoidjudgment authorized to grant the writ must, when a petition therefor is presented and it
If the judgment is still appealable then the remedy of the person is to appearsthatthewritoughttoissue,grantthesameforthwith,andimmediately
dulyappealtherefrom thereupontheclerkofthecourtshallissuethewritunderthesealofthecourt;
orincaseofemergency,thejudgemayissuethewritunderhisownhand,and
Section2.Whomaygrantthewrit. Thewritofhabeascorpusmaybegranted maydeputeanyofficerorpersontoserveit.
bytheSupremeCourt,oranymemberthereofintheinstancesauthorizedbylaw,
andifsogranteditshallbeenforceableanywhereinthePhilippines,andmaybe Section6.Towhomwritdirected,andwhattorequire. Incaseofimprisonment
made returnable before the court or any member thereof, or before a Court of or restraint by an officer, the writ shall be directed to him, and shall command
FirstInstance,oranyjudgethereofforthehearinganddecisiononthemerits.It himtohavethebodyofthepersonrestrainedofhislibertybeforethecourtor
mayalsobegrantedbyaCourtofFirstInstance,orajudgethereof,onanyday judge designated in the writ at the time and place therein specified. In case of
and at any time, and returnable before himself, enforceable only within his imprisonmentorrestraintbyapersonnotanofficer,thewritshallbedirectedto
judicialdistrict. an officer, and shall command him to take and have the body of the person
restrained of his liberty before the court or judge designated in the writ at the
Section3.Requisitesofapplicationtherefor. Applicationforthewritshallbeby time and place therein specified, and to summon the person by whom he is
petitionsignedandverifiedeitherbythepartyforwhosereliefitisintended,or restrainedthenandtheretoappearbeforesaidcourtorjudgetoshowthecause

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oftheimprisonmentorrestraint. orjudge;
(d) If he has had the party in his custody or power, or under restraint, and has
Section 7. How prisoner designated and writ served. The person to be transferred such custody or restraint to another, particularly to whom, at what
producedshouldbedesignatedinthewritbyhisname,ifknown,butifhisname time,forwhatcause,andbywhatauthoritysuchtransferwasmade.
is not known he may be otherwise described or identified. The writ may be
served in any province by the sheriff or other proper officer, or by a person Section11.Returntobesignedandswornto. Thereturnorstatementshallbe
deputed by the court or judge. Service of the writ shall be made by leaving the signedbythepersonwhomakesit;andshallalsobeswornbyhimiftheprisoner
originalwiththepersontowhomitisdirectedandpreservingacopyonwhichto isnotproduced,andinallothercasesunlessthereturnismadeandsignedbya
makereturnorservice.Ifthatpersoncannotbefound,orhasnottheprisonerin swornpublicofficerinhisofficialcapacity.
his custody, then the service shall be made on any other person having or
exercisingsuchcustody. Section12.Hearingonreturn.Adjournments. Whenthewritisreturnedbefore
onejudge,atatimewhenthecourtisinsession,hemayforthwithadjournthe
Section 8. How writ executed and returned. The officer to whom the writ is caseintothecourt,theretobeheardanddetermined.Thecourtorjudgebefore
directedshallconveythepersonsoimprisonedorrestrained,andnamedinthe whomthewritisreturnedoradjournedmustimmediatelyproceedtohearand
writ, before the judge allowing the writ, or in case of his absence or disability, examine the return, and such other matters as are properly submitted for
before some other judge of the same court, on the day specified in the writ, consideration, unless for good cause shown the hearing is adjourned, in which
unless, from sickness or infirmity of the person directed to be produced, such eventthecourtorjudgeshallmakesuchorderforthesafekeepingoftheperson
person cannot, without danger, be bought before the court or judge; and the imprisoned or restrained as the nature of the case requires. If the person
officershallmakeduereturnofthewrit,togetherwiththedayandthecauseof imprisoned or restrained is not produced because of his alleged sickness or
thecaptionandrestraintofsuchpersonaccordingtothecommandthereof. infirmity,thecourtorjudgemustbesatisfiedthatitissogravethatsuchperson
cannot be produced without danger, before proceeding to hear and dispose of
Section9.Defectofform. Nowritofhabeascorpuscanbedisobeyedfordefect thematter.Onthehearingthecourtorjudgeshalldisregardmattersofformand
of form, if it sufficiently appears therefrom in whose custody or under whose technicalities in respect to any warrant or order of commitment of a court or
restraintthepartyimprisonedorrestrainedisheldandthecourtorjudgebefore officerauthorizedtocommitbylaw.
whomheistobebought.
Section13.Whenthereturnevidence,andwhenonlyaplea. Ifitappearsthat
Section10.Contentsofreturn. Whenthepersontobeproducedisimprisoned the prisoner is in custody under a warrant of commitment in pursuance of law,
orrestrainedbyanofficer,thepersonwhomakesthereturnshallstatetherein, thereturnshallbeconsideredprimafacieevidenceofthecauseofrestraint,but
andinothercasesthepersoninwhosecustodytheprisonerisfoundshallstate, ifheisrestrainedofhislibertybyanyallegedprivateauthority,thereturnshall
inwritingtothecourtor judgebeforewhomthewritisreturnable,plainlyand beconsideredonlyasapleaofthefactsthereinsetforth,andthepartyclaiming
unequivocably: thecustodymustprovesuchfacts.
(a) Whether he has or has not the party in his custody or power, or under
restraint; Section14.Whenpersonlawfullyimprisonedrecommitted,andwhenlettobail.
(b)Ifhehasthepartyinhiscustodyorpower,orunderrestraint,theauthority If it appears that the prisoner was lawfully committed, and is plainly and
andthetrueandwholecausethereof,setforthatlarge,withacopyofthewrit, specificallychargedinthewarrantofcommitmentwithanoffensepunishableby
orderexecution,orotherprocess,ifany,uponwhichthepartyisheld; death,heshallnotbereleased,discharged,orbailed.Ifheislawfullyimprisoned
(c) If the party is in his custody or power or is restrained by him, and is not orrestrainedonachargeofhavingcommittedanoffensenotsopunishable,he
produced,particularlythenatureandgravityofthesicknessorinfirmityofsuch mayberecommittedtoimprisonmentoradmittedtobailinthediscretionofthe
partybyreasonofwhichhecannot,withoutdanger,beboughtbeforethecourt courtorjudge.Ifhebeadmittedtobail,heshallforthwithfileabondinsuchsum

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as the court or judge deems reasonable, considering the circumstances of the process,ortheprisonerbedeliveredtoaninferiorofficertocarrytojail,or,by
prisoner and the nature of the offense charged, conditioned for his appearance orderofthepropercourtorjudge,beremovedfromoneplacetoanotherwithin
before the court where the offense is properly cognizable to abide its order of the Philippines for trial, or in case of fire epidemic, insurrection, or other
judgment;andthecourtorjudgeshallcertifytheproceedings,togetherwiththe necessity or public calamity; and a person who, after such commitment, makes
bond,forthwithtothepropercourt.Ifsuchbondisnotsofiled,theprisonershall signs,orcountersignsanyorderforsuchremovalcontrarytothissection,shall
berecommittedtoconfinement. forfeittothepartyaggrievedthesumofonethousandpesos,toberecoveredin
aproperaction.
Section 15. When prisoner discharged if no appeal. When the court or judge
has examined into the cause of caption and restraint of the prisoner, and is Section 19. Record of writ, fees and costs. The proceedings upon a writ of
satisfiedthatheisunlawfullyimprisonedorrestrained,heshallforthwithorder habeas corpus shall be recorded by the clerk of the court, and upon the final
hisdischargefromconfinement,butsuchdischargeshallnotbeeffectiveuntila disposition of such proceedings the court or judge shall make such order as to
copyoftheorderhasbeenservedontheofficerorpersondetainingtheprisoner. costsasthecaserequires.Thefeesofofficersandwitnessesshallbeincludedin
If the officer or person detaining the prisoner does not desire to appeal, the thecoststaxed,butnoofficerorpersonshallhavetherighttodemandpayment
prisonershallbeforthwithreleased. inadvanceofanyfeestowhichheisentitledbyvirtueoftheproceedings.When
apersonconfinedundercolorofproceedingsinacriminalcaseisdischarged,the
Section 16. Penalty for refusing to issue writ, or for disobeying the same. A costs shall be taxed against the Republic of the Philippines, and paid out of its
clerkofacourtwhorefusestoissuethewritafterallowancethereofanddemand Treasury;whenapersonincustodybyvirtueorundercolorofproceedingsina
therefor,orapersontowhomawritisdirected,whoneglectsorrefusestoobey civilcaseisdischarged,thecostsshallbetaxedagainsthim,oragainsttheperson
or make return of the same according to the command thereof, or makes false whosignedtheapplicationforthewrit,orboth,asthecourtshalldirect.
return thereof, or who, upon demand made by or on behalf of the prisoner,
refusestodelivertothepersondemanding,withinsix(6)hoursafterthedemand
A.M.No.07912SC
therefor,atruecopyofthewarrantororderofcommitment,shallforfeittothe
WRITOFAMPARO
party aggrieved the sum of one thousand pesos, to be recorded in a proper
action,andmayalsobepunishedbythecourtorjudgeasforcontempt.
SECTION 1. Petition. The petition for a writ of amparo is a remedy available to
Section17.Persondischargednottobeagainimprisoned. Apersonwhoisset anypersonwhoserighttolife,libertyandsecurityisviolatedorthreatenedwith
at liberty upon a writ of habeas corpus shall not be again imprisoned for the violationbyanunlawfulactoromissionofapublicofficialoremployee,orofa
sameoffenseunlessbythelawfulorderorprocessofacourthavingjurisdiction privateindividualorentity.
ofthecauseoroffense;andapersonwhoknowingly,contrarytotheprovisions
of this rule, recommits or imprisons, or causes to be committed or imprisoned, The writ shall cover extralegal killings and enforced disappearances or threats
for the same offense, or pretended offense, any person so set at liberty, or thereof.
knowinglyaidsorassiststherein,shallforfeittothepartyaggrievedthesumof
one thousand pesos, to be recovered in a proper action, notwithstanding any SEC.2.WhoMayFile.Thepetitionmaybefiledbytheaggrievedpartyorbyany
colorablepretenseorvariationinthewarrantofcommitment,andmayalsobe qualifiedpersonorentityinthefollowingorder:
punishedbythecourtorjudgegrantingthewritasforcontempt. 1. Anymemberoftheimmediatefamily,namely:thespouse,childrenand
parentsoftheaggrievedparty;
Section 18. When prisoner may be removed from one custody to another. A 2. Anyascendant,descendantorcollateralrelativeoftheaggrievedparty
personcommittedtoprison,orincustodyofanofficer,foranycriminalmatter, withinthefourthcivildegreeofconsanguinityoraffinity,indefaultof
shall not be removed therefrom into the custody of another unless by legal thosementionedintheprecedingparagraph;or

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3. Anyconcernedcitizen,organization,associationorinstitution,ifthereis 3. Therighttolife,libertyandsecurityoftheaggrievedpartyviolatedor
noknownmemberoftheimmediatefamilyorrelativeoftheaggrieved threatened with violation by an unlawful act or omission of the
party. respondent, and how such threat or violation is committed with the
attendantcircumstancesdetailedinsupportingaffidavits;
The filing of a petition by the aggrieved party suspends the right of all other 4. The investigation conducted, if any, specifying the names, personal
authorized parties to file similar petitions. Likewise, the filing of the petition by circumstances,andaddressesoftheinvestigatingauthorityorindividuals,
an authorized party on behalf of the aggrieved party suspends the right of all aswellasthemannerandconductoftheinvestigation,togetherwithany
others,observingtheorderestablishedherein. report;
5. Theactionsandrecoursestakenbythepetitionertodeterminethefate
SEC.3.WheretoFile.Thepetitionmaybefiledonanydayandatanytimewith or whereabouts of the aggrieved party and the identity of the person
the Regional Trial Court of the place where the threat, act or omission was responsibleforthethreat,actoromission;and
committedoranyofitselementsoccurred,orwiththeSandiganbayan,theCourt 6. Thereliefprayedfor.
of Appeals, the Supreme Court, or any justice of such courts. The writ shall be
enforceableanywhereinthePhilippines. Thepetitionmayincludeageneralprayerforotherjustandequitablereliefs.

When issued by a Regional Trial Court or any judge thereof, the writ shall be SEC.6.IssuanceoftheWrit.Uponthefilingofthepetition,thecourt,justiceor
returnablebeforesuchcourtorjudge. judge shall immediately order the issuance of the writ if on its face it ought to
issue.Theclerkofcourtshallissuethewritunderthesealofthecourt;orincase
When issued by the Sandiganbayan or the Court of Appeals or any of their ofurgentnecessity,thejusticeorthejudgemayissuethewritunderhisorher
justices,itmaybereturnablebeforesuchcourtoranyjusticethereof,ortoany ownhand,andmaydeputizeanyofficerorpersontoserveit.
Regional Trial Court of the place where the threat, act or omission was
committedoranyofitselementsoccurred. The writ shall also set the date and time for summary hearing of the petition
whichshallnotbelaterthanseven(7)daysfromthedateofitsissuance.
When issued by the Supreme Court or any of its justices, it may be returnable
before such Court or any justice thereof, or before the Sandiganbayan or the SEC. 7. Penalty for Refusing to Issue or Serve the Writ. A clerk of court who
Court of Appeals or any of their justices, or to any Regional Trial Court of the refusestoissuethewritafteritsallowance,oradeputizedpersonwhorefusesto
place where the threat, act or omission was committed or any of its elements serve the same, shall be punished by the court, justice or judge for contempt
occurred. withoutprejudicetootherdisciplinaryactions.

SEC.4.NoDocketFees.Thepetitionershallbeexemptedfromthepaymentof SEC.8.HowtheWritisServed.Thewritshallbeservedupontherespondentbya
the docket and other lawful fees when filing the petition. The court, justice or judicialofficerorbyapersondeputizedbythecourt,justiceorjudgewhoshall
judgeshalldocketthepetitionandactuponitimmediately. retain a copy on which to make a return of service. In case the writ cannot be
servedpersonallyontherespondent,therulesonsubstitutedserviceshallapply.
SEC. 5. Contents of Petition. The petition shall be signed and verified and shall
allegethefollowing: SEC.9.Return;Contents.Withinseventytwo(72)hoursafterserviceofthewrit,
1. Thepersonalcircumstancesofthepetitioner; the respondent shall file a verified written return together with supporting
2. The name and personal circumstances of the respondent responsible affidavitswhichshall,amongotherthings,containthefollowing:
forthethreat,actoromission,or,ifthenameisunknownoruncertain, 1. The lawful defenses to show that the respondent did not violate or
therespondentmaybedescribedbyanassumedappellation; threaten with violation the right to life, liberty and security of the

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aggrievedparty,throughanyactoromission; 7. Reply;
2. Thestepsoractionstakenbytherespondenttodeterminethefateor 8. Motiontodeclarerespondentindefault;
whereabouts of the aggrieved party and the person or persons 9. Intervention;
responsibleforthethreat,actoromission; 10. Memorandum;
3. Allrelevantinformationinthepossessionoftherespondentpertaining 11. Motion for reconsideration of interlocutory orders or interim relief
tothethreat,actoromissionagainsttheaggrievedparty;and orders;and
4. If the respondent is a public official or employee, the return shall 12. Petition for certiorari, mandamus or prohibition against any
furtherstatetheactionsthathavebeenorwillstillbetaken: interlocutoryorder.
a. Toverifytheidentityoftheaggrievedparty;
b. To recover and preserve evidence related to the death or SEC. 12. Effect of Failure to File Return. In case the respondent fails to file a
disappearance of the person identified in the petition which return,thecourt,justiceorjudgeshallproceedtohearthepetitionexparte.
may aid in the prosecution of the person or persons
responsible; SEC. 13. Summary Hearing. The hearing on the petition shall be summary.
c. To identify witnesses and obtain statements from them However, the court, justice or judge may call for a preliminary conference to
concerningthedeathordisappearance; simplify the issues and determine the possibility of obtaining stipulations and
d. Todeterminethecause,manner,locationandtimeofdeathor admissionsfromtheparties.
disappearanceaswellasanypatternorpracticethatmayhave
broughtaboutthedeathordisappearance; Thehearingshallbefromdaytodayuntilcompletedandgiventhesamepriority
e. Toidentifyandapprehendthepersonorpersonsinvolvedinthe aspetitionsforhabeascorpus.
deathordisappearance;and
f. Tobringthesuspectedoffendersbeforeacompetentcourt. SEC. 14. Interim Reliefs. Upon filing of the petition or at anytime before final
judgment,thecourt,justiceorjudgemaygrantanyofthefollowingreliefs:
The return shall also state other matters relevant to the investigation, its
resolutionandtheprosecutionofthecase. (a) Temporary Protection Order. The court, justice or judge, upon motion or
motu proprio, may order that the petitioner or the aggrieved party and any
Ageneraldenialoftheallegationsinthepetitionshallnotbeallowed. memberoftheimmediatefamilybeprotectedinagovernmentagencyorbyan
accredited person or private institution capable of keeping and securing their
SEC. 10. Defenses not Pleaded Deemed Waived. All defenses shall be raised in safety.Ifthepetitionerisanorganization,associationorinstitutionreferredtoin
thereturn,otherwise,theyshallbedeemedwaived. Section3(c)ofthisRule,theprotectionmaybeextendedtotheofficersinvolved.

SEC.11.ProhibitedPleadingsandMotions.Thefollowingpleadingsandmotions The Supreme Court shall accredit the persons and private institutions that shall
areprohibited: extend temporary protection to the petitioner or the aggrieved party and any
1. Motiontodismiss; member of the immediate family, in accordance with guidelines which it shall
2. Motion for extension of time to file return, opposition, affidavit, issue.
positionpaperandotherpleadings;
3. Dilatorymotionforpostponement; The accredited persons and private institutions shall comply with the rules and
4. Motionforabillofparticulars; conditionsthatmaybeimposedbythecourt,justiceorjudge.
5. Counterclaimorcrossclaim;
6. Thirdpartycomplaint; (b)InspectionOrder.Thecourt,justiceorjudge,uponverifiedmotionandafter

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duehearing,mayorderanypersoninpossessionorcontrolofadesignatedland
or other property, to permit entry for the purpose of inspecting, measuring, The court, justice or judge may also refer the witnesses to other government
surveying, or photographing the property or any relevant object or operation agencies,ortoaccreditedpersonsorprivateinstitutionscapableofkeepingand
thereon. securingtheirsafety.

The motion shall state in detail the place or places to be inspected. It shall be SEC. 15. Availability of Interim Reliefs to Respondent. Upon verified motion of
supportedbyaffidavitsortestimoniesofwitnesseshavingpersonalknowledgeof the respondent and after due hearing, the court, justice or judge may issue an
theenforceddisappearanceorwhereaboutsoftheaggrievedparty. inspection order or production order under paragraphs (b) and (c) of the
precedingsection.
If the motion is opposed on the ground of national security or of the privileged
nature of the information, the court, justice or judge may conduct a hearing in Amotionforinspectionorderunderthissectionshallbesupportedbyaffidavits
chamberstodeterminethemeritoftheopposition. or testimonies of witnesses having personal knowledge of the defenses of the
respondent.
The movant must show that the inspection order is necessary to establish the
rightoftheaggrievedpartyallegedtobethreatenedorviolated. SEC. 16. Contempt. The court, justice or judge may order the respondent who
refuses to make a return, or who makes a false return, or any person who
Theinspectionordershallspecifythepersonorpersonsauthorizedtomakethe otherwise disobeys or resists a lawful process or order of the court to be
inspection and the date, time, place and manner of making the inspection and punishedforcontempt.Thecontemnormaybeimprisonedorimposedafine.
mayprescribeotherconditionstoprotecttheconstitutionalrightsofallparties.
Theordershallexpirefive(5)daysafterthedateofitsissuance,unlessextended SEC. 17. Burden of Proof and Standard of Diligence Required. The parties shall
forjustifiablereasons. establishtheirclaimsbysubstantialevidence.

(c)ProductionOrder.Thecourt,justiceorjudge,uponverifiedmotionandafter The respondent who is a private individual or entity must prove that ordinary
due hearing, may order any person in possession, custody or control of any diligence as required by applicable laws, rules and regulations was observed in
designateddocuments,papers,books,accounts,letters,photographs,objectsor theperformanceofduty.
tangible things, or objects in digitized or electronic form, which constitute or The respondent who is a public official or employee must prove that
contain evidence relevant to the petition or the return, to produce and permit extraordinarydiligenceasrequiredbyapplicablelaws,rulesandregulationswas
theirinspection,copyingorphotographingbyoronbehalfofthemovant. observedintheperformanceofduty.

The motion may be opposed on the ground of national security or of the Therespondentpublicofficial or employeecannotinvokethe presumptionthat
privilegednatureoftheinformation,inwhichcasethecourt,justiceorjudgemay officialdutyhasbeenregularlyperformedtoevaderesponsibilityorliability.
conductahearinginchamberstodeterminethemeritoftheopposition.
The court, justice or judge shall prescribe other conditions to protect the SEC.18.Judgment.Thecourtshallrenderjudgmentwithinten(10)daysfromthe
constitutionalrightsofalltheparties. time the petition is submitted for decision. If the allegations in the petition are
provenbysubstantialevidence,thecourtshallgranttheprivilegeofthewritand
(d)WitnessProtectionOrder.Thecourt,justiceorjudge,uponmotionormotu suchreliefsasmaybeproperand appropriate; otherwise,the privilege shall be
proprio, may refer the witnesses to the Department of Justice for admission to denied.
the Witness Protection, Security and Benefit Program, pursuant to Republic Act
No.6981. SEC.19.Appeal.Anypartymayappealfromthefinaljudgmentorordertothe

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Supreme Court under Rule 45. The appeal may raise questions of fact or law or
both. Afterconsolidation,theprocedureunderthisRuleshallcontinuetoapplytothe
dispositionofthereliefsinthepetition.
Theperiodofappealshallbefive(5)workingdaysfromthedateofnoticeofthe
adversejudgment. SEC. 24. Substantive Rights. This Rule shall not diminish, increase or modify
substantiverightsrecognizedandprotectedbytheConstitution.
Theappealshallbegiventhesamepriorityasinhabeascorpuscases.
SEC. 25. Suppletory Application of the Rules of Court. The Rules of Court shall
SEC.20.ArchivingandRevivalofCases.Thecourtshallnotdismissthepetition, applysuppletorilyinsofarasitisnotinconsistentwiththisRule.
butshallarchiveit,ifuponitsdeterminationitcannotproceedforavalidcause
such as the failure of petitioner or witnesses to appear due to threats on their SEC. 26. Applicability to Pending Cases. This Rule shall govern cases involving
lives. extralegalkillingsandenforceddisappearancesorthreatsthereofpendinginthe
trialandappellatecourts.
Aperiodicreviewofthearchivedcasesshallbemadebytheamparocourtthat
shall,motupropriooruponmotionbyanyparty,ordertheirrevivalwhenready CERTIORARI, HABEAS AMPARO HABEASDATA
for further proceedings. The petition shall be dismissed with prejudice upon PROHIBITION, CORPUS
failuretoprosecutethecaseafterthelapseoftwo(2)yearsfromnoticetothe MANDAMUS
petitioneroftheorderarchivingthecase. WEIGHT OF Preponderanc Preponderanc Substantial Preponderanc
EVIDENCE eofevidence eofevidence evidence eofevidence
The clerks of court shall submit to the Office of the Court Administrator a BURDEN OF Petitioner Petitioner Petitioner Petitioner and
consolidatedlistofarchivedcasesunderthisRulenotlaterthanthefirstweekof PROOF and respondent
Januaryofeveryyear. respondent
DISMISSAL OF If failed If failed Not If failed
SEC.21.InstitutionofSeparateActions.ThisRuleshallnotprecludethefilingof PETITION burden of burden of dismissed, burden of
separatecriminal,civiloradministrativeactions. proof proof archived proof
DILIGENCE Ordinary Ordinary If public Ordinary
SEC. 22. Effect of Filing of a Criminal Action. When a criminal action has been REQUIRED respondent,
commenced,noseparatepetitionforthewritshallbefiled.Thereliefsunderthe extraordinar
writshallbeavailablebymotioninthecriminalcase. y
GENERAL OK OK Notallowed Notallowed
TheprocedureunderthisRuleshallgovernthedispositionofthereliefsavailable DENIAL
underthewritofamparo. PRESUMPTIO Yes Yes No Yes
N OF
SEC.23.Consolidation.Whenacriminalactionisfiledsubsequenttothefilingof REGULARITY
apetitionforthewrit,thelattershallbeconsolidatedwiththecriminalaction. RIGHTS Constitutional Right to Right to life, Right to
PROTECTED and statutory liberty liberty, and privacy in life,
When a criminal action and a separate civil action are filed subsequent to a rights security liberty, and
petition for a writ of amparo, the latter shall be consolidated with the criminal security
action.

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DOCKETFEES Yes Yes No Yes 2. Anyascendant,descendantorcollateralrelativeoftheaggrievedparty


withinthefourthcivildegreeofconsanguinityoraffinity,indefaultof
thosementionedintheprecedingparagraph.
A.M.No.08116SC

THERULEONTHEWRITOFHABEASDATA
SEC. 3. Where to File. The petition may be filed with the Regional Trial Court
where the petitioner or respondent resides, or that which has jurisdiction over
SECTION 1. Habeas Data. The writ of habeas data is a remedy available to any the place where the data or information is gathered, collected or stored, at the
personwhoserighttoprivacyinlife,libertyorsecurityisviolatedorthreatened optionofthepetitioner.
by an unlawful act or omission of a public official or employee, or of a private
individual or entity engaged in the gathering, collecting or storing of data or ThepetitionmayalsobefiledwiththeSupremeCourtortheCourtofAppealsor
information regarding the person, family, home and correspondence of the the Sandiganbayan when the action concerns public data files of government
aggrievedparty. offices.

WHATISTHEWRITFORHABEASDATA? SEC. 4. Where Returnable; Enforceable. When the writ is issued by a Regional
Remedyavailabletoanypersonwhoserighttoprivacyinlife,libertyor TrialCourtoranyjudgethereof,itshallbereturnablebeforesuchcourtorjudge.
security is violated or threatened by an unlawful act or omission of a
publicofficialoremployee,orofaprivateindividualorentityengagedin WhenissuedbytheCourtofAppealsortheSandiganbayanoranyofitsjustices,
the gathering, collecting or storing of data or information regarding the itmaybereturnablebeforesuchcourtoranyjusticethereof,ortoanyRegional
person,family,homeandcorrespondenceoftheaggrievedparty TrialCourtoftheplacewherethepetitionerorrespondentresides,orthatwhich
has jurisdiction over the place where the data or information is gathered,
WHATRIGHTSAREPROTECTEDBYTHISWRIT? collectedorstored.
Righttoprivacyinlife,liberty,orsecurity
When issued by the Supreme Court or any of its justices, it may be returnable
ILLUSTRATION:MAYAPETITIONFORWRITOFHABEASDATABEFILEDAGAINST before such Court or any justice thereof, or before the Court of Appeals or the
SWS? Sandiganbayan or any of its justices, or to any Regional Trial Court of the place
With respect to being a respondent, SWS as an entity may be a where the petitioner or respondent resides, or that which has jurisdiction over
respondentitisengagedinthegathering,collectingandstoringofdata theplacewherethedataorinformationisgathered,collectedorstored.
orinformationregardingtheperson,family,homeandcorrespondence
With respect to the acts conducted of SWS, if the same are unlawful in ThewritofhabeasdatashallbeenforceableanywhereinthePhilippines.
nature, then it may be made a respondent to the petition for the
issuanceofwritofhabeasdata Sec. 5. Docket Fees. No docket and other lawful fees shall be required from an
indigentpetitioner.Thepetitionoftheindigentshallbedockedandactedupon
SEC. 2. Who May File. Any aggrieved party may file a petition for the writ of immediately, without prejudice to subsequent submission of proof of indigency
habeas data. However, in cases of extralegal killings and enforced notlaterthanfifteen(15)daysfromthefilingofthepetition.
disappearances,thepetitionmaybefiledby:
1. Any member of the immediate family of the aggrieved party, namely: SEC. 6. Petition. A verified written petition for a writ of habeas data should
thespouse,childrenandparents;or contain:
(a) Thepersonalcircumstancesofthepetitionerandtherespondent;

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(b) The manner the right to privacy is violated or threatened and how it (a) The lawful defenses such as national security, state secrets, privileged
affectstherighttolife,libertyorsecurityoftheaggrievedparty; communications, confidentialityof the sourceof information ofmedia
(c) Theactionsandrecoursestakenbythepetitionertosecurethedataor andothers;
information; (b) Incaseofrespondentincharge,inpossessionorincontrolofthedata
(d) Thelocationofthefiles,registersordatabases,thegovernmentoffice, orinformationsubjectofthepetition;
and the person in charge, in possession or in control of the data or (i) A disclosure of the data or information about the petitioner,
information,ifknown; thenatureofsuchdataorinformation,andthepurpose
(e) The reliefs prayed for, which may include the updating, rectification, foritscollection;
suppressionordestructionofthedatabaseorinformationorfileskept (ii) The steps or actions taken by the respondent to ensure the
bytherespondent. security and confidentiality of the data or information;
and,
Incaseofthreats,thereliefmayincludeaprayerforanorderenjoining (iii) The currency and accuracy of the data or information held;
theactcomplainedof;and and,
(c) Otherallegationsrelevanttotheresolutionoftheproceeding.
(f) Suchotherrelevantreliefsasarejustandequitable.
Ageneraldenialoftheallegationsinthepetitionshallnotbeallowed.
SEC.7.IssuanceoftheWrit.Uponthefilingofthepetition,thecourt,justiceor
judge shall immediately order the issuance of the writ if on its face it ought to SEC.11.Contempt.Thecourt,justiceorjudgemaypunishwithimprisonmentor
issue.Theclerkofcourtshallissuethewritunderthesealofthecourtandcause finearespondentwhocommitscontemptbymakingafalsereturn,orrefusingto
it to be served within three (3) days from the issuance; or, in case of urgent makeareturn;oranypersonwhootherwisedisobeysorresistalawfulprocess
necessity,thejusticeorjudgemayissuethewritunderhisorherownhand,and ororderofthecourt.
maydeputizeanyofficerorpersonserveit.
The writ shall also set the date and time for summary hearing of the petition SEC.12.WhenDefensesMaybeHeardinChambers.Ahearinginchambersmay
whichshallnotbelaterthanten(10)workdaysfromthedateofitsissuance. beconductedwheretherespondentinvokesthedefensethatthereleaseofthe
data or information in question shall compromise national security or state
SEC. 8. Penalty for Refusing to Issue or Serve the Writ. A clerk of court who secrets,orwhenthedataorinformationcannotbedivulgedtothepublicdueto
refusestoissuethewritafteritsallowance,oradeputizedpersonwhorefusesto itsnatureorprivilegedcharacter.
serve the same, shall be punished by the court, justice or judge for contempt
withoutprejudicetootherdisciplinaryactions. Sec.13.ProhibitedPleadingsandMotions.Thefollowingpleadingsandmotions
areprohibited:
SEC.9.HowtheWritisServed.Thewritshallbeservedupontherespondentbya 1. Motiontodismiss;
judicialofficerorbyapersondeputizedbythecourt,justiceorjudgewhoshall 2. Motion for extension of time to file return, opposition, affidavit,
retain a copy on which to make a return of service. In case the writ cannot be positionpaperandotherpleadings;
servedpersonallyontherespondent,therulesonsubstitutedserviceshallapply. 3. Dilatorymotionforpostponement;
4. Motionforabillofparticulars;
SEC. 10. Return; Contents. The respondent shall file a verified written return 5. Counterclaimorcrossclaim;
together with supporting affidavits within five (5) working days from service of 6. Thirdpartycomplaint;
the writ, which period may be reasonably extended by the Court for justifiable 7. Reply;
reasons.Thereturnshall,amongotherthings,containthefollowing: 8. Motiontodeclarerespondentindefault;

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9. Intervention; SEC. 18. Hearing on Officer?s Return. The court shall set the return for hearing
10. Memorandum; withduenoticetothepartiesandactaccordingly.
11. Motion for reconsideration of interlocutory orders or interim relief
orders;and SEC. 19. Appeal. Any party may appeal from the final judgment or order to the
12. Petition for certiorari, mandamus or prohibition against any Supreme Court under Rule 45. The appeal may raise questions of fact or law or
interlocutoryorder. both.

SEC. 14. Return; Filing. In case the respondent fails to file a return, the court, Theperiodofappealshallbefive(5)workingdaysfromthedateofnoticeofthe
justice or judge shall proceed to hear the petition ex parte, granting the judgmentorfinalorder.
petitionersuchreliefasthepetitionmaywarrantunlessthecourtinitsdiscretion
requiresthepetitionertosubmitevidence. The appeal shall be given the same priority as in habeas corpus and amparo
cases.
SEC. 15. Summary Hearing. The hearing on the petition shall be summary.
However, the court, justice or judge may call for a preliminary conference to SEC. 20. Institution of Separate Actions. The filing of a petition for the writ of
simplify the issues and determine the possibility of obtaining stipulations and habeas data shall not preclude the filing of separate criminal, civil or
admissionsfromtheparties. administrativeactions.

SEC. 16. Judgment. The court shall render judgment within ten (10) days from SEC.21.Consolidation.Whenacriminalactionisfiledsubsequenttothefilingof
the time the petition is submitted for decision. If the allegations in the petition apetitionforthewrit,thelattershallbeconsolidatedwiththecriminalaction.
areprovenbysubstantialevidence,thecourtshallenjointheactcomplainedof,
or order the deletion, destruction, or rectification of the erroneous data or When a criminal action and a separate civil action are filed subsequent to a
information and grant other relevant reliefs as may be just and equitable; petition for a writ of habeas data, the petition shall be consolidated with the
otherwise,theprivilegeofthewritshallbedenied. criminalaction.

Upon its finality, the judgment shall be enforced by the sheriff or any lawful After consolidation, the procedure under this Rule shall continue to govern the
officersasmaybedesignatedbythecourt,justiceorjudgewithinfive(5)working dispositionofthereliefsinthepetition.
days.
SEC. 22. Effect of Filing of a Criminal Action. When a criminal action has been
SEC. 17. Return of Service. The officer who executed the final judgment shall, commenced,noseparatepetitionforthewritshallbefiled.Thereliefunderthe
withinthree(3)daysfromitsenforcement,makeaverifiedreturntothecourt. writshallbeavailabletoanaggrievedpartybymotioninthecriminalcase.
Thereturnshallcontainafullstatementoftheproceedingsunderthewritanda
complete inventory of the database or information, or documents and articles TheprocedureunderthisRuleshallgovernthedispositionofthereliefsavailable
inspected, updated, rectified, or deleted, with copies served on the petitioner underthewritofhabeasdata.
andtherespondent.
SEC. 23. Substantive Rights. This Rule shall not diminish, increase or modify
Theofficershallstateinthereturnhowthejudgmentwasenforcedandcomplied substantiverights.
with by the respondent, as well as all objections of the parties regarding the
mannerandregularityoftheserviceofthewrit. SEC. 24. Suppletory Application of the Rules of Court. The Rules of Court shall
applysuppletorilyinsofarasitisnotinconsistentwiththisRule.

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3. Thenameaskedfor.
SEC. 25. Effectivity.This Rule shalltake effect on February2,2008,followingits
publicationinthree(3)newspapersofgeneralcirculation. POSSIBLECAUSESFORCHANGEOFNAME
1. Whenthenameisridiculous,dishonorable,orextremelydifficulttowrite
orpronounce
RULE103
2. Whenthechangeresultsasalegalconsequence,asinlegitimation
CHANGEOFNAME
3. Whenthechangewillavoidconfusion
4. Having continuously used and been known since childhood by a Filipino
Section1.Venue.Apersondesiringtochangehisnameshallpresentthepetition name,unawareofalienparentage
totheCourtofFirstInstanceoftheprovinceinwhichheresides,or,intheCityof 5. AsinceredesiretoadoptaFilipinotoerasesignsofforeignalienage,all
Manila,totheJuvenileandDomesticRelationsCourt. ingoodfaithandwithoutprejudicinganybody

RULE103AND108DIFFERENTFROMONEANOTHER CHANGEOFNAMESHOULDNOTBEPERMITTED
Rule 103 and 108 differ from one anotherthey involve different Would not be permitted if it would give a false impression of family
allegations,issuestobethreshedout,andthereliefsbeingaskedof relationshiptoanother
If the reliefs of both the rules are prayed for, then the requirements of It will be allowed however if it wouldnt cause prejudice to the family
bothshouldbesatisfiedbeforesuchshallbegranted whosesurnameitis

CHANGEOFNAMECANNOTBESUMMARILYDECIDEDON Section 3. Order for hearing. If the petition filed is sufficient in form and
The change of name of a person as recorded in the registry cannot be substance,thecourt,byanorderrecitingthepurposeofthepetition,shallfixa
effected through summary proceedings as provided for in Article 412, dateandplaceforthehearingthereof,andshalldirectthatacopyoftheorder
whichrefersonlytothecorrectionofclericalerrorsandnotthosewhich be published before the hearing at least once a week for three (3) successive
willinvolvesubstantialchange weeksinsomenewspaperofgeneralcirculationpublishedintheprovince,asthe
courtshalldeembest.Thedatesetforthehearingshallnotbewithinthirty(30)
ALIENMAYPETITIONFORCHANGEOFNAME days prior to an election nor within four (4) month after the last publication of
HemayifheisdomiciledinthePhilippines thenotice.

NAMETHATAPPEARSINTHEBIRTHCERTIFICATE PETITIONFORCHANGEOFNAMEISAPROCEEDINGINREM
Thenamethatcanbechangedunderthisrule Thepublicationrequirementisajurisdictionalrequirement
Notthenamereflectedinthebaptismalcertificateorthatbywhichthe To be valid and to confer jurisdiction upon the court, such publication
personisknowninthecommunity mustgivetheproperinformation

Section2.Contentsofpetition.Apetitionforchangeofnameshallbesignedand Section4.Hearing.Anyinterestedpersonmayappearatthehearingandoppose
verified by the person desiring his name changed, or some other person on his the petition. The Solicitor General or the proper provincial or city fiscal shall
behalf,andshallsetforth: appearonbehalfoftheGovernmentoftheRepublic.
1. Thatthepetitionerhasbeenabonafideresidentoftheprovincewhere
thepetitionisfiledforatleastthree(3)yearspriortothedateofsuch Section5.Judgment.Uponsatisfactoryproofinopencourtonthedatefixedin
filing; theorderthatsuchorderhasbeenpublishedasdirectedandthattheallegations
2. Thecauseforwhichthechangeofthepetitioner'snameissought; ofthepetitionaretrue,thecourtshall,ifproperandreasonablecauseappears

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forchangingthenameofthepetitioner,adjudgethatsuchnamebechangedin
accordancewiththeprayerofthepetition. SUMMARYORADVERSARIALPROCEEDING
Evensubstantialerrorsinacivilregistermaybecorrectedprovidedthat
Section6.Serviceofjudgment.Judgmentsorordersrenderedinconnectionwith the aggrieved parties avail themselves of the appropriate adversary
thisruleshallbefurnishedthecivilregistrarofthemunicipalityorcitywherethe proceeding; and that the proceeding under Rule 108 ceases to be
courtissuingthesameissituated,whoshallforthwithenterthesameinthecivil summaryinnatureandtakesthecharacterofanappropriateadversary
register. proceeding when all the procedural requirements therein are complied
with
If the petition filed under Rule 108 is merely to correct obvious clerical
RULE108
errorsthecourtmayconductasummaryproceedingandissueanorder
CANCELLATIONORCORRECTIONOFENTRIESINTHECIVILREGISTRY
forthecorrectionofthatmistake

Section1.Whomayfilepetition. Anypersoninterestedinanyact,event,order Section 3. Parties. When cancellation or correction of an entry in the civil
ordecreeconcerningthecivilstatusofpersonswhichhasbeenrecordedinthe register is sought, the civil registrar and all persons who have or claim any
civilregister,mayfileaverifiedpetitionforthecancellationorcorrectionofany interest which would be affected thereby shall be made parties to the
entryrelatingthereto,withtheCourtofFirstInstanceoftheprovincewherethe proceeding.
correspondingcivilregistryislocated.
Section4.Noticeandpublication. Uponthefilingofthepetition,thecourtshall,
Section 2. Entries subject to cancellation or correction. Upon good and valid by an order, fix the time and place for the hearing of the same, and cause
grounds,thefollowingentriesinthecivilregistermaybecancelledorcorrected: reasonablenoticethereoftobegiventothepersonsnamedinthepetition.The
(a) births: (b) marriage; (c) deaths; (d) legal separations; (e) judgments of court shall also cause the order to be published once a week for three (3)
annulments of marriage; (f) judgments declaring marriages void from the consecutiveweeksinanewspaperofgeneralcirculationintheprovince.
beginning; (g) legitimations; (h) adoptions; (i) acknowledgments of natural
children; (j) naturalization; (k) election, loss or recovery of citizenship; (l) civil Section5.Opposition. Thecivilregistrarandanypersonhavingorclaimingany
interdiction;(m)judicialdeterminationoffiliation;(n)voluntaryemancipationof interest under the entry whose cancellation or correction is sought may, within
aminor;and(o)changesofname. fifteen(15)daysfromnoticeofthepetition,orfromthelastdateofpublication
ofsuchnotice,filehisoppositionthereto.
CHANGESINDETAILSOFCITIZENSHIPANDNATIONALITYNOTALLOWED Section6.Expeditingproceedings. Thecourtinwhichtheproceedingisbrought
Whilebirthismentionedasoneoftheentriesthatmaybecorrected,this may make orders expediting the proceedings, and may also grant preliminary
referred only to such particulars as are attendant to birth excluding injunction for the preservation of the rights of the parties pending such
citizenshipandnationality proceedings.
Citizenshipdetailsthatmaybechangedelection,lossorrecovery
Section 7. Order. After hearing, the court may either dismiss the petition or
ILLEGITIMATECHILDRENMAYUSETHEIRFATHERSSURNAME issueanordergrantingthecancellationorcorrectionprayedfor.Ineithercase,a
RA9255allowsillegitimatechildrentousethesurnameoftheirfathersif certifiedcopyofthejudgmentshallbeserveduponthecivilregistrarconcerned
theirfiliationhasbeenexpresslyrecognizedbyhimthroughtherecordof whoshallannotatedthesameinhisrecord.
birth in the civil register, or by an admission in the public instrument
madebythefather,providedthathehadtherighttoinstituteanaction
REPUBLICACTNo.6085
incourttoprovenonfiliationduringhislifetime

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private document without stating or affixing his real or original name and all
ANACTAMENDINGCOMMONWEALTHACTNUMBEREDONEHUNDREDFORTY
namesoraliasesorpseudonymheisormayhavebeenauthorizedtouse."
TWOREGULATINGTHEUSEOFALIASES

Section1.SectiononeofCommonwealthActNumberedOnehundredfortytwo Section 4. Commonwealth Act Numbered One hundred fortytwo is hereby
isherebyamendedtoreadasfollows: amendedbytheinsertionofthefollowingnewsectiontobedesignatedSection
"Sec. 1. Except as a pseudonym solely for literary, cinema, television, radio or fourtoreadasfollows:
other entertainment purposes and in athletic events where the use of "Sec.4.Sixmonthsfromtheapprovalofthisactandsubjecttotheprovisionsof
pseudonym is a normally accepted practice, no person shall use any name section1hereof,allpersonswhohaveusedanynameand/ornamesandaliasor
differentfromtheonewithwhichhewasregisteredatbirthintheofficeofthe aliases different from those authorized in section one of this act and duly
localcivilregistry,orwithwhichhewasbaptizedforthefirsttime,or,incaseof recordedinthelocalcivilregistry,shallbeprohibitedtousesuchothernameor
analien,withwhichhewasregisteredinthebureauofimmigrationuponentry; namesand/oraliasoraliases."
or such substitute name as may have been authorized by a competent court:
Provided, That persons, whose births have not been registered in any local civil Section5.SectionfourofCommonwealthActNumberedOnehundredfortytwo
registryandwhohavenotbeenbaptized,haveoneyearfromtheapprovalofthis isherebyamendedtoreadasSectionfive,asfollows:
actwithinwhichtoregistertheirnamesinthecivilregistryoftheirresidence.The "Sec. 5. Any violation of this Act shall be punished with imprisonment of from
nameshallcomprisethepatronymicnameandoneortwosurnames." oneyeartofiveyearsandafineofP5,000toP10,000."

Section2.SectionTwoofCommonwealthActNumberedOnehundredfortytwo Section 6. This Act shall take effect upon its approval, and all Acts, rules or
isherebyamendedtoreadasfollows: regulationsoflawsinconsistentherewithareherebyrepealed.
"Sec. 2. Any person desiring to use an alias shall apply for authority therefor in
proceedingslikethoselegallyprovidedtoobtainjudicialauthorityforachangeof DIFFERENCEBETWEENRA9048ANDRULE108
name,andnopersonshallbeallowedtosecuresuchjudicialauthorityformore RA9048 RULE108
thanonealias.Thepetitionforanaliasshallsetforththeperson'sbaptismaland Administrativeproceeding Summaryproceeding
family name and the name recorded in the civil registry, if different, his
immigrant's name, if an alien, and his pseudonym, if he has such names other Affidavitisfiled Petitionisfiled
thanhisoriginalorrealname,specifyingthereasonorreasonsfortheuseofthe
desiredalias.ThejudicialauthorityfortheuseofaliastheChristiannameandthe Penaltyclause Nopenaltyclause
alienimmigrant'snameshallberecordedintheproperlocalcivilregistry,andno
personshalluseanynameornamesother,thanhisoriginalorrealnameunless Publication requirement: once a week Publication requirement: once a week
thesameisoraredulyrecordedintheproperlocalcivilregistry." for2consecutiveweeks forthreeconsecutiveweeks

Section 3. Section three of Commonwealth Act Numbered One hundred forty Postinginconspicuousplace Noposting
two,isherebyamendedtoreadasFollows:
"Sec. 3. No person having been baptized with a name different from that with Change of name is based on 3 Change of name is to correct clerical
whichhewasregisteredatbirthinthelocalcivilregistry,orincaseofanalien, enumeratedground and/orinnocuouserrors
registeredinthebureauofimmigrationuponentry,oranypersonwhoobtained

judicial authority to use an alias, or who uses a pseudonym, shall represent
himselfinanypublicorprivatetransactionorshallsignorexecuteanypublicor RULE101

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file the proper petition with the Court of First Instance which ordered the
PROCEEDINGSFORHOSPITALIZATIONOFINSANEPERSONS
commitment.

Section1.Venue,Petitionforcommitment. Apetitionforthecommitmentofa Section 5. Assistance of fiscal in the proceeding. It shall be the duty of the
persontoahospitalorotherplacefortheinsanemaybefiledwiththeCourtof provincial fiscal or in the City of Manila the fiscal of the city, to prepare the
FirstInstanceoftheprovincewherethepersonallegedtobeinsaneisfound.The petitionfortheDirectorofHealthandrepresenthimincourtinallproceedings
petitionshallbefiledbytheDirectorofHealthinallcaseswhere,inhisopinion, arisingundertheprovisionsofthisrule.
suchcommitmentisforthepublicwelfare,orforthewelfareofsaidpersonwho,
in his judgment, is insane and such person or the one having charge of him is NOTES:
opposedtohisbeingtakentoahospitalorotherplacefortheinsane. 1. Where the insane person was judicially commited to the hospital or
asylum, the Director of Health may not order his release without prior
WHOMAYFILEPETITION? courtapproval
May be filed by the person who has custody or having charge of said 2. Likewise, the court may not order his release without the
insaneperson recommendationoftheDirector
If he refuses to do so and where it is required for the welfare of the
insanepersonorthepublic,thepetitionshallbefiledbytheDirectorof
RULEONADOPTION
Healthorthepresentauthorizedofficer

Section 2. Order for hearing. If the petition filed is sufficient in form and A.DOMESTICADOPTION
substance,thecourt,byanorderrecitingthepurposeofthepetition,shallfixa
dateforthehearingthereof,andcopyofsuchordershallbeservedontheperson Section1.ApplicabilityoftheRule. ThisRulecoversthedomesticadoptionof
allegedtobeinsane,andtotheonehavingchargehim,oronsuchofhisrelatives Filipinochildren.
residing in the province or city as the judge may deem proper. The court shall
furthermore order the sheriff to produce the alleged insane person, if possible, Section2.Objectives. (a)Thebestinterestsofthechildshallbetheparamount
onthedateofthehearing. consideration in all matters relating to his care, custody and adoption, in
accordance with Philippine laws, the United Nations (UN) Convention on the
Section3.Hearingandjudgment.Uponsatisfactoryproof,inopencourtonthe RightsoftheChild,UNDeclarationonSocialandLegalPrinciplesRelatingtothe
datefixedintheorder,thatthecommitmentappliedforisforthepublicwelfare Protection and Welfare of Children with Special Reference to Foster Placement
orforthewelfareoftheinsaneperson,andthathisrelativesareunableforany andAdoption,NationallyandInternationally,andtheHagueConventiononthe
reason to take proper custody and care of him, the court shall order his ProtectionofChildrenandCooperationinRespectofIntercountryAdoption.
commitment to such hospital or other place for the insane as may be
recommendedbytheDirectorofHealth.Thecourtshallmakeproperprovisions (b) The State shall provide alternative protection and assistance through foster
forthecustodyofpropertyormoneybelongingtotheinsaneuntilaguardianbe care or adoption for every child who is a foundling, neglected, orphaned, or
properlyappointed. abandoned.Tothisend,theStateshall:

Section4.Dischargeofinsane.When,intheopinionoftheDirectorofHealth,the 1. Ensure that every child remains under the care and custody of his
person ordered to be committed to a hospital or other place for the insane is parentsandisprovidedwithlove,care,understandingandsecurityfor
temporarily or permanently cured, or may be released without danger he may the full and harmonious development of his personality. Only when
such efforts prove insufficient and no appropriate placement or

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adoptionwithinthechild sextendedfamilyisavailableshalladoption atleastthree(3)continuousyearspriortothefilingofthepetitionfor


byanunrelatedpersonbeconsidered. adoption and maintains such residence until the adoption decree is
2. Safeguard the biological parents from making hasty decisions in entered,thathehasbeencertifiedbyhisdiplomaticorconsularoffice
relinquishingtheirparentalauthorityovertheirchild; or any appropriate government agency to have the legal capacity to
3. Prevent the child from unnecessary separation from his biological adopt in his country, and that his government allows the adoptee to
parents; enter his country as his adopted child. Provided, further, That the
4. Conduct public information and educational campaigns to promote a requirementsonresidencyandcertificationofthealien squalification
positiveenvironmentforadoption; toadoptinhiscountrymaybewaivedforthefollowing:
5. Ensure that government and private sector agencies have the capacity
to handle adoption inquiries, process domestic adoption applications (i) aformerFilipinocitizenwhoseekstoadoptarelativewithin
andofferadoptionrelatedservicesincluding,butnotlimitedto,parent thefourth(4th)degreeofconsanguinityoraffinity;or
preparationandpostadoptioneducationandcounseling; (ii) one who seeks to adopt the legitimate child of his Filipino
6. Encouragedomesticadoptionsoastopreservethechildsidentityand spouse;or
cultureinhisnativeland,andonlywhenthisisnotavailableshallinter (iii) one who is married to a Filipino citizen and seeks to adopt
countryadoptionbeconsideredasalastresort;and jointly with his spouse a relative within the fourth (4th)
7. Protect adoptive parents from attempts to disturb their parental degreeofconsanguinityoraffinityoftheFilipinospouse.
authorityandcustodyovertheiradoptedchild.
(3) The guardian with respect to the ward after the termination of the
Any voluntary or involuntary termination of parental authority shall be guardianshipandclearanceofhisfinancialaccountabilities.
administrativelyorjudiciallydeclaredsoastoestablishthestatusofthechildas
legallyavailableforadoption andhiscustodytransferredtotheDepartmentof Husbandandwifeshalljointlyadopt,exceptinthefollowingcases:
Social Welfare and Development or to any duly licensed and accredited child 1. ifonespouseseekstoadoptthelegitimatechildofonespousebythe
placingorchildcaringagency,whichentityshallbeauthorizedtotakestepsfor otherspouse;or
thepermanentplacementofthechild. 2. if one spouse seeks to adopt his own illegitimate child: Provided,
however,Thattheotherspousehassignifiedhisconsentthereto;or
Section4.Whomayadopt. Thefollowingmayadopt: 3. ifthespousesarelegallyseparatedfromeachother.
(1) Any Filipino citizen of legal age, in possession of full civil capacity and
legal rights, of good moral character, has not been convicted of any Incasehusbandandwifejointlyadoptoronespouseadoptstheillegitimatechild
crimeinvolvingmoralturpitude;whoisemotionallyandpsychologically oftheother,jointparentalauthorityshallbeexercisedbythespouses.
capableofcaringforchildren,atleastsixteen(16)yearsolderthanthe
adoptee,andwhoisinapositiontosupportandcareforhischildrenin Section5.Whomaybeadopted. Thefollowingmaybeadopted:
keeping with the means of the family. The requirement of a 16year 1. Anypersonbeloweighteen(18)yearsofagewhohasbeenvoluntarily
differencebetweentheageoftheadopterandadopteemaybewaived committed to the Department under Articles 154, 155 and 156 of P.D.
when the adopter is the biological parent of the adoptee or is the No.603orjudiciallydeclaredavailableforadoption;
spouseoftheadoptee sparent; 2. Thelegitimatechildofonespouse,bytheotherspouse;
3. An illegitimate child, by a qualified adopter to raise the status of the
(2) AnyalienpossessingthesamequalificationsasabovestatedforFilipino formertothatoflegitimacy;
nationals:Provided,Thathiscountryhasdiplomaticrelationswiththe 4. Apersonoflegalageregardlessofcivilstatus,if,priortotheadoption,
RepublicofthePhilippines,thathehasbeenlivinginthePhilippinesfor said person has been consistently considered and treated by the

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adoptersastheirownchildsinceminority; The requirements of certification of the alien s qualification to adopt in his


5. Achildwhoseadoptionhasbeenpreviouslyrescinded;or countryandofresidencymaybewaivedifthealien:
6. Achildwhosebiologicaloradoptiveparentshavedied:Provided,That (i) is a former Filipino citizen who seeks to adopt a relative within the fourth
noproceedingsshallbeinitiatedwithinsix(6)monthsfromthetimeof degreeofconsanguinityoraffinity;or
deathofsaidparents. (ii)seekstoadoptthelegitimatechildofhisFilipinospouse;or
7. Achildnototherwisedisqualifiedbylawortheserules. (iii) is married to a Filipino citizen and seeks to adopt jointly with his spouse a
relative within the fourth degree of consanguinity or affinity of the Filipino
Section6.Venue. ThepetitionforadoptionshallbefiledwiththeFamilyCourt spouse.
oftheprovinceorcitywheretheprospectiveadoptiveparentsreside.
3)Iftheadopteristhelegalguardianoftheadoptee,thepetitionshallallegethat
Section 7. Contents of the Petition. The petition shall be verified and guardianship had been terminated and the guardian had cleared his financial
specifically state at the heading of the initiatory pleading whether the petition accountabilities.
contains an application for change of name, rectification of simulated birth,
voluntary or involuntary commitment of children, or declaration of child as 4)Iftheadopterismarried,thespouseshallbeacopetitionerforjointadoption
abandoned,dependentorneglected. exceptif:
(a)onespouseseekstoadoptthelegitimatechildoftheother,or
1)IftheadopterisaFilipinocitizen,thepetitionshallallegethefollowing: (b)ifonespouseseekstoadopthisownillegitimatechildandtheotherspouse
(a)Thejurisdictionalfacts; signifiedwrittenconsentthereto,or
(b)Thatthepetitionerisoflegalage,inpossessionoffullcivilcapacityandlegal (c)ifthespousesarelegallyseparatedfromeachother.
rights;isofgoodmoralcharacter;hasnotbeenconvictedofanycrimeinvolving
moralturpitude;isemotionallyandpsychologicallycapableofcaringforchildren; 5)Iftheadopteeisafoundling,thepetitionshallallegetheentrieswhichshould
is at least sixteen (16) years older than the adoptee, unless the adopter is the appearinhisbirthcertificate,suchasnameofchild,dateofbirth,placeofbirth,
biologicalparentoftheadopteeoristhespouseoftheadoptee sparent;andis ifknown;sex,nameandcitizenshipofadoptivemotherandfather,andthedate
inapositiontosupportandcareforhischildreninkeepingwiththemeansofthe andplaceoftheirmarriage.
family and has undergone preadoption services as required by Section 4 of
RepublicActNo.8552. 6) If the petition prays for a change of name, it shall also state the cause or
reasonforthechangeofname.
2)Iftheadopterisanalien,thepetitionshallallegethefollowing:
(a)Thejurisdictionalfacts; Inallpetitions,itshallbealleged:
(b)Subparagraph1(b)above; (a) The first name, surname or names, age and residence of the adoptee as
(c)ThathiscountryhasdiplomaticrelationswiththeRepublicofthePhilippines; shown by his record of birth, baptismal or foundling certificate and school
(d) That he has been certified by his diplomatic or consular office or any records.
appropriategovernmentagencytohavethelegalcapacitytoadoptinhiscountry (b)Thattheadopteeisnotdisqualifiedbylawtobeadopted.
andhisgovernmentallowstheadopteetoenterhiscountryashisadoptedchild (c)Theprobablevalueandcharacteroftheestateoftheadoptee.
andresidetherepermanentlyasanadoptedchild;and (d)Thefirstname,surnameornamesbywhichtheadopteeistobeknownand
(e) That he has been living in the Philippines for at least three (3) continuous registeredintheCivilRegistry.
yearspriortothefilingofthepetitionandhemaintainssuchresidenceuntilthe
adoptiondecreeisentered. A certification of nonforum shopping shall be included pursuant to Section 5,
Rule7ofthe1997RulesofCivilProcedure.

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3.Thelegitimateandadoptedchildrenoftheadopterandoftheadoptee,ifany,
Section 8. Rectification of Simulated Birth. In case the petition also seeks whoareten(10)yearsofageorover;
rectificationofasimulatedofbirth,itshallallegethat: 4.Theillegitimatechildrenoftheadopterlivingwithhimwhoareten(10)years
(a)Petitionerisapplyingforrectificationofasimulatedbirth; ofageorover;and
(b)ThesimulationofbirthwasmadepriortothedateofeffectivityofRepublic 5.Thespouse,ifany,oftheadopteroradoptee.
ActNo.8552andtheapplicationforrectificationofthebirthregistrationandthe
petitionforadoptionwerefiledwithinfiveyearsfromsaiddate; C.Childstudyreportontheadopteeandhisbiologicalparents;
(c) The petitioner made the simulation of birth for the best interests of the
adoptee;and D.Ifthepetitionerisanalien,certificationbyhisdiplomaticorconsularofficeor
(d)Theadopteehasbeenconsistentlyconsideredandtreatedbypetitionerashis anyappropriategovernmentagencythathehasthelegalcapacitytoadoptinhis
ownchild. countryandthathisgovernmentallowstheadopteetoenterhiscountryashis
ownadoptedchildunlessexemptedunderSection4(2);
Section9.Adoptionofafoundling,anabandoned,dependentorneglectedchild.
In case the adoptee is a foundling, an abandoned, dependent or neglected E. Home study report on the adopters. If the adopter is an alien or residing
child,thepetitionshallallege: abroad but qualified to adopt, the home study report by a foreign adoption
(a) The facts showing that the child is a foundling, abandoned, dependent or agencydulyaccreditedbytheInterCountryAdoptionBoard;and
neglected;
(b) The names of the parents, if known, and their residence. If the child has no F.Decreeofannulment,nullityorlegalseparationoftheadopteraswellasthat
knownorlivingparents,thenthenameandresidenceoftheguardian,ifany; ofthebiologicalparentsoftheadoptee,ifany.
(c) The name of the duly licensed childplacement agency or individual under
whosecarethechildisincustody;and Section12.OrderofHearing. Ifthepetitionandattachmentsaresufficientin
(d)ThattheDepartment,childplacementorchildcaringagencyisauthorizedto form and substance, the court shall issue an order which shall contain the
giveitsconsent. following:
1. The registered name of the adoptee in the birth certificate and the
Section10.Changeofname. Incasethepetitionalsopraysforchangeofname, namesbywhichtheadopteehasbeenknownwhichshallbestatedin
thetitleorcaptionmustcontain: thecaption;
(a)Theregisterednameofthechild; 2. Thepurposeofthepetition;
(b)Aliasesorothernamesbywhichthechildhasbeenknown;and 3. The complete name which the adoptee will use if the petition is
(c)Thefullnamebywhichthechildistobeknown. granted;
4. Thedateandplaceofhearingwhichshallbesetwithinsix(6)months
Section11.AnnexestothePetition. Thefollowingdocumentsshallbeattached fromthedateoftheissuanceoftheorderandshalldirectthatacopy
tothepetition: thereofbepublishedbeforethedateofhearingatleastonceaweekfor
A. Birth, baptismal or foundling certificate, as the case may be, and school three successive weeks in a newspaper of general circulation in the
recordsshowingthename,ageandresidenceoftheadoptee; province or city where the court is situated; provided, that in case of
B.Affidavitofconsentofthefollowing: application for change of name, the date set for hearing shall not be
1.Theadoptee,iften(10)yearsofageorover; withinfour(4)monthsafterthelastpublicationofthenoticenorwithin
2.Thebiologicalparentsofthechild,ifknown,orthelegalguardian,orthechild thirty(30)dayspriortoanelection.
placementagency,childcaringagency,orthepropergovernmentinstrumentality
whichhaslegalcustodyofthechild; ThenewspapershallbeselectedbyraffleunderthesupervisionoftheExecutive

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Judge.
Section14.Hearing. Uponsatisfactoryproofthattheorderofhearinghasbeen
5. Adirectivetothesocialworkerofthecourt,thesocialserviceofficeof published and jurisdictional requirements have been complied with, the court
thelocalgovernmentunitoranychildplacingorchildcaringagency,or shall proceed to hear the petition. The petitioner and the adoptee must
the Department to prepare and submit child and home study reports personallyappearandtheformermusttestifybeforethepresidingjudgeofthe
beforethehearingifsuchreportshadnotbeenattachedtothepetition courtonthedatesetforhearing.
duetounavailabilityatthetimeofthefilingofthelatter;and
The court shall verify from the social worker and determine whether the
6. A directive to the social worker of the court to conduct counseling biological parent has been properly counseled against making hasty decisions
sessions with the biological parents on the matter of adoption of the caused by strain or anxiety to give up the child; ensure that all measures to
adopteeandsubmitherreportbeforethedateofhearing. strengthenthefamilyhavebeenexhausted;andascertainifanyprolongedstay
ofthechildinhisownhomewillbeinimicaltohiswelfareandinterest.
At the discretion of the court, copies of the order of hearing shall also be
furnished the Office of the Solicitor General through the provincial or city Section15.SupervisedTrialCustody. Beforeissuanceofthedecreeofadoption,
prosecutor,theDepartmentandthebiologicalparentsoftheadoptee,ifknown. the court shall give the adopter trial custody of the adoptee for a period of at
least six (6) months within which the parties are expected to adjust
Ifachangeinthenameoftheadopteeisprayedforinthepetition,noticetothe psychologically and emotionally to each other and establish a bonding
SolicitorGeneralshallbemandatory. relationship. The trial custody shall be monitored by the social worker of the
court,theDepartment,orthesocialserviceofthelocalgovernmentunit,orthe
Section13.ChildandHomeStudyReports. Inpreparingthechildstudyreport childplacement or childcaring agency which submitted and prepared the case
on the adoptee, the concerned social worker shall verify with the Civil Registry studies. During said period, temporary parental authority shall be vested in the
therealidentityandregisterednameoftheadoptee.Ifthebirthoftheadoptee adopter.
was not registered with the Civil Registry, it shall be the responsibility of the
socialworkertoregistertheadopteeandsecureacertificateoffoundlingorlate Thecourtmay,motupropriooruponmotionofanyparty,reducetheperiodor
registration,asthecasemaybe. exemptthepartiesifitfindsthatthesameshallbeforthebestinterestsofthe
adoptee,statingthereasonstherefor.
The social worker shall establish that the child is legally available for adoption
andthedocumentsinsupportthereofarevalidandauthentic,thattheadopter An alien adopter however must complete the 6month trial custody except the
has sincere intentions and that the adoption shall inure to the best interests of following:
thechild. 1. AformerFilipinocitizenwhoseekstoadoptarelativewithinthefourth
(4th)degreeofconsanguinityoraffinity;or
In case the adopter is an alien, the home study report must show the legal 2. OnewhoseekstoadoptthelegitimatechildofhisFilipinospouse;or
capacity to adopt and that his government allows the adoptee to enter his 3. OnewhoismarriedtoaFilipinocitizenandseekstoadoptjointlywith
country as his adopted child in the absence of the certification required under hisorherspousethelatter srelativewithinthefourth(4th)degreeof
Section7(b)ofRepublicActNo.8552. consanguinityoraffinity.

If after the conduct of the case studies, the social worker finds that there are If the child is below seven (7) years of age and is placed with the prospective
groundstodenythepetition,heshallmaketheproperrecommendationtothe adopterthroughapreadoptionplacementauthorityissuedbytheDepartment,
court,furnishingacopythereoftothepetitioner. thecourtshallorderthattheprospectiveadoptershallenjoyallthebenefitsto

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whichthebiologicalparentisentitledfromthedatetheadopteeisplacedwith
him. If the adoptee is a foundling, the court shall order the Civil Registrar where the
foundling was registered, to annotate the decree of adoption on the foundling
The social worker shall submit to the court a report on the result of the trial certificate and a new birth certificate shall be ordered prepared by the Civil
custodywithintwoweeksafteritstermination. Registrarinaccordancewiththedecree.

Section16.DecreeofAdoption. Ifthesupervisedtrialcustodyissatisfactoryto Section 17. Book of Adoptions. The Clerk of Court shall keep a book of
the parties and the court is convinced from the trial custody report and the adoptionsshowingthedateofissuanceofthedecreeineachcase,complianceby
evidence adduced that the adoption shall redound to the best interests of the theCivilRegistrarwithSection16(B)(3)andallincidentsarisingaftertheissuance
adoptee, a decree of adoption shall be issued which shall take effect as of the ofthedecree.
datetheoriginalpetitionwasfiledevenifthepetitionersdiebeforeitsissuance.
Section 18. Confidential Nature of Proceedings and Records. All hearings in
Thedecreeshall: adoption cases, after compliance with the jurisdictional requirements shall be
A.Statethenamebywhichthechildistobeknownandregistered; confidential and shall not be open to the public. All records, books and papers
B.Order: relating to the adoption cases in the files of the court, the Department, or any
1. TheClerkofCourttoissuetotheadopteracertificateoffinalityupon otheragencyorinstitutionparticipatingintheadoptionproceedingsshallbekept
expirationofthe15dayreglementaryperiodwithinwhichtoappeal; strictlyconfidential.
2. The adopter to submit a certified true copy of the decree of adoption
andthecertificateoffinalitytotheCivilRegistrarwherethechildwas If the court finds that the disclosure of the information to a third person is
originally registered within thirty (30) days from receipt of the necessary for security reasons or for purposes connected with or arising out of
certificate of finality. In case of change of name, the decree shall be the adoption and will be for the best interests of the adoptee, the court may,
submitted to the Civil Registrar where the court issuing the same is uponpropermotion,orderthenecessaryinformationtobereleased,restricting
situated. thepurposesforwhichitmaybeused.
3. TheCivilRegistraroftheplacewheretheadopteewasregistered:
a. Toannotateontheadoptee soriginalcertificateofbirththe Section19.RescissionofAdoptionoftheAdoptee. Thepetitionshallbeverified
decreeofadoptionwithinthirty(30)daysfromreceiptofthe and filed by the adoptee who is over eighteen (18) years of age, or with the
certificateoffinality; assistanceoftheDepartment,ifheisaminor,orifheisovereighteen(18)years
b. Toissueacertificateofbirthwhichshallnotbearanynotation ofagebutisincapacitated,byhisguardianorcounsel.
thatitisaneworamendedcertificateandwhichshallshow,
among others, the following: registry number, date of Theadoptionmayberescindedbasedonanyofthefollowinggroundscommitted
registration, name of child, sex, date of birth, place of birth, bytheadopter:
nameandcitizenshipofadoptivemotherandfather,andthe 1. Repeated physical and verbal maltreatment by the adopter despite
dateandplaceoftheirmarriage,whenapplicable; havingundergonecounseling;
c. To seal the original certificate of birth in the civil registry 2. Attemptonthelifeoftheadoptee;
records which can be opened only upon order of the court 3. Sexualassaultorviolence;or
whichissuedthedecreeofadoption;and 4. Abandonmentorfailuretocomplywithparentalobligations.
d. Tosubmittothecourtissuingthedecreeofadoptionproofof
compliance with all the foregoing within thirty days from Adoption,beinginthebestinterestsofthechild,shallnotbesubjecttorescission
receiptofthedecree. by the adopter. However, the adopter may disinherit the adoptee for causes

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providedinArticle919oftheCivilCode.
Section24.ServiceofJudgment. Acertifiedtruecopyofthejudgmenttogether
MAYTHEADOPTERRESCINDTHEADOPTION? with a certificate of finality issued by the Branch Clerk of the Court which
No rendered the decision in accordance with the preceding Section shall be served
But he may disinherit the adoptee for causes provided for by the Civil bythepetitionerupontheCivilRegistrarconcernedwithinthirty(30)daysfrom
Code receipt of the certificate of finality. The Civil Registrar shall forthwith enter the
rescission decree in the register and submit proof of compliance to the court
Section20.Venue.ThepetitionshallbefiledwiththeFamilyCourtofthecityor issuingthedecreeandtheClerkofCourtwithinthirty(30)daysfromreceiptof
provincewheretheadopteeresides. thedecree.

Section21.Timewithinwhichtofilepetition.Theadoptee,ifincapacitated,must The Clerk of Court shall enter the compliance in accordance with Section 17
filethepetitionforrescissionorrevocationofadoptionwithinfive(5)yearsafter hereof.
he reaches the age of majority, or if he was incompetent at the time of the
adoption,withinfive(5)yearsafterrecoveryfromsuchincompetency. Section 25. Repeal. This supersedes Rule 99 on Adoption and Rule 100 of the
RulesofCourt.
Section22.OrdertoAnswer.Thecourtshallissueanorderrequiringtheadverse
party to answer the petition within fifteen (15) days from receipt of a copy EFFECTSOFADOPTION
thereof.Theorderandcopyofthepetitionshallbeservedontheadverseparty 1. Theadoptershallhaveparentalauthorityovertheadoptedchild
insuchmannerasthecourtmaydirect. 2. Adoptedshallbeconsideredaslegitimatechildoftheadopterandshall
beonlyconsidereddirectlyrelatedtotheadopted
Section23.Judgment. Ifthecourtfindsthattheallegationsofthepetitionare
true,itshallrenderjudgmentorderingtherescissionofadoption,withorwithout B.INTERCOUNTRYADOPTION
costs,asjusticerequires.
Section 26. Applicability. The following sections apply to intercountry
The court shall order that the parental authority of the biological parent of the adoption of Filipino children by foreign nationals and Filipino citizens
adoptee,ifknown,orthelegalcustodyoftheDepartmentshallberestoredifthe permanentlyresidingabroad.
adopteeisstillaminororincapacitatedanddeclarethatthereciprocalrightsand
obligationsoftheadopterandtheadopteetoeachothershallbeextinguished. Section27.Objectives. TheStateshall:
a. Considerintercountryadoptionasanalternativemeansofchildcare,if
The court shall further declare that successional rights shall revert to its status thechildcannotbeplacedinafosteroranadoptivefamilyorcannot,in
priortoadoption,asofthedateofjudgmentofjudicialrescission.Vestedrights anysuitablemanner,becaredforinthePhilippines;
acquiredpriortojudicialrescissionshallberespected. b. Ensurethatthechildsubjectofintercountryadoptionenjoysthesame
protectionaccordedtochildrenindomesticadoption;and
It shall also order the adoptee to use the name stated in his original birth or c. Takeallmeasurestoensurethattheplacementarisingtherefromdoes
foundlingcertificate. notresultinimproperfinancialgainforthoseinvolved.

The court shall further order the Civil Registrar where the adoption decree was Section28.WheretoFilePetition. AverifiedpetitiontoadoptaFilipinochild
registered to cancel the new birth certificate of the adoptee and reinstate his maybefiledbyaforeignnationalorFilipinocitizenpermanentlyresidingabroad
originalbirthorfoundlingcertificate. withtheFamilyCourthavingjurisdictionovertheplacewherethechildresidesor

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maybefound. Section 31. Annexes. The petition for adoption shall contain the following
annexeswrittenandofficiallytranslatedinEnglish:
ItmaybefileddirectlywiththeInterCountryAdoptionBoard. 1. Birthcertificateofpetitioner;
2. Marriagecontract,ifmarried,and,ifapplicable,thedivorcedecree,or
Section 29. Who may be adopted. Only a child legally available for domestic judgmentdissolvingthemarriage;
adoptionmaybethesubjectofintercountryadoption. 3. Sworn statement of consent of petitioner s biological or adopted
childrenaboveten(10)yearsofage;
Section30.ContentsofPetition. Thepetitionermustallege: 4. Physical, medical and psychological evaluation of the petitioner
a. His age and the age of the child to be adopted, showing that he is at certifiedbyadulylicensedphysicianandpsychologist;
leasttwentyseven(27)yearsofageandatleastsixteen(16)yearsolder 5. Income tax returns or any authentic document showing the current
than the child to be adopted at the time of application, unless the financialcapabilityofthepetitioner;
petitioner is the parent by nature of the child to be adopted or the 6. Police clearance of petitioner issued within six (6) months before the
spouseofsuchparent,inwhichcasetheagedifferencedoesnotapply; filingofthepetitioner;
b. Ifmarried,thenameofthespousewhomustbejoinedascopetitioner 7. Character reference from the local church/minister, the petitioner s
exceptwhentheadopteeisalegitimatechildofhisspouse; employerandamemberoftheimmediatecommunitywhohaveknown
c. Thathehasthecapacitytoactandassumeallrightsandresponsibilities thepetitionerforatleastfive(5)years;
of parental authority under his national laws, and has undergone the 8. Full body postcardsize pictures of the petitioner and his immediate
appropriatecounselingfromanaccreditedcounselorinhiscountry; familytakenatleastsix(6)monthsbeforethefilingofthepetition.
d. Thathehasnotbeenconvictedofacrimeinvolvingmoralturpitude;
e. Thatheiseligibletoadoptunderhisnationallaw; Section32.DutyofCourt. Thecourt,afterfindingthatthepetitionissufficient
f. That he can provide the proper care and support and instill the in form and substance and a proper case for intercountry adoption, shall
necessary moral values and example to all his children, including the immediately transmit the petition to the InterCountry Adoption Board for
childtobeadopted; appropriateaction.
g. That he agrees to uphold the basic rights of the child, as embodied
under Philippine laws and the U. N. Convention on the rights of the Section33.Effectivity.ThisRuleshalltakeeffectonAugust22,2002following
child,andtoabidebytherulesandregulationsissuedtoimplementthe itspublicationinanewspaperofgeneralcirculation.
provisionsofRepublicActno.8043;
h. ThathecomesfromacountrywithwhichthePhilippineshasdiplomatic WHATIFTHECHILDISALLOWEDTOENTERCOUNTRYOFADOPTERBUTHEISNOT
relations and whose government maintains a similarly authorized and GRANTEDCITIZENSHIP?
accreditedagencyandthatadoptionofafilipinochildisallowedunder Law only provides that entry and residence should be allowed but it
hisnationallaws;and didntprovidethattheforeigncountryshouldgrantcitizenship
i. Thathepossessesallthequalificationsandnoneofthedisqualifications
providedinthisrule,inRepublicActno.8043andinallotherapplicable
Philippinelaws.

DOMESTICADOPTION INTERCOUNTRYADOPTION

RA8552 RA8043
DEFINITION Definedasasociolegalprocessofprovidingapermanentfamily Intercountry adoption refers to the sociolegal process of

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to a child whose parents have voluntarily or involuntarily adopting a Filipino child by a foreigner or a Filipino citizen
relinquishedparentalauthorityoverthechild permanently residing abroad where the petition is filed, the
supervised trial custody is undertaken, and the decree of
adoptionisissuedoutsidethePhilippines.

Sec. 7.InterCountry Adoption as the Last Resort. The Board
shallensurethatallpossibilitiesforadoptionofthechildunder
the Family Code have been exhausted and that intercountry
adoptionisinthebestinterestofthechild.Towardsthisend,the
Board shall set up the guidelines to ensure that steps will be
PROCEDURE
taken to place the child in the Philippines before the child is
placed for intercountry adoption: Provided, however, That the
maximumnumberthatmaybeallowedforforeignadoptionshall
notexceedsixhundred(600)ayearforthefirstfive(5)years.

A verified petition to adopt a Filipino child may be filed by a
foreign national or Filipino citizen permanently residing abroad
with the Family Court having jurisdiction over the place where
thechildresidesormaybefound.

ItmaybefileddirectlywiththeInterCountryAdoptionBoard.

Itshallbesupportedbythefollowing
1. Birthcertificateofpetitioner;
2. Marriage contract, if married, and, if applicable, the
Theapplicationfortheadoptionofachildshallbefiledwiththe divorcedecree,orjudgmentdissolvingthemarriage;
DSWD 3. Swornstatementofconsentofpetitioner sbiological
WHERETOFILE
oradoptedchildrenaboveten(10)yearsofage;
4. Physical, medical and psychological evaluation of the
petitioner certified by a duly licensed physician and
psychologist;
5. Incometaxreturnsoranyauthenticdocumentshowing
thecurrentfinancialcapabilityofthepetitioner;
6. Police clearance of petitioner issued within six (6)
monthsbeforethefilingofthepetitioner;
7. Character reference from the local church/minister,
the petitioner s employer and a member of the
immediatecommunitywhohaveknownthepetitioner
foratleastfive(5)years;

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8. Full body postcardsize pictures of the petitioner and


his immediate family taken at least six (6) months
beforethefilingofthepetition.

(1) Any Filipino citizen of legal age, in possession of full AnalienoraFilipinocitizenpermanentlyresidingabroadmayfile
civil capacity and legal rights, of good moral character, has not an application for intercountry adoption of a Filipino child if
been convicted of any crime involving moral turpitude; who is he/she:
emotionallyandpsychologicallycapableofcaringforchildren,at
1. Is at least twentyseven (27) years of age and at least
leastsixteen(16)yearsolderthantheadoptee,andwhoisina
sixteen (16) years older than the child to be adopted,
positiontosupportandcareforhischildreninkeepingwiththe
at the time of application unless the adopter is the
means of the family. The requirement of a 16year difference
parent by nature of the child to be adopted or the
between the age of the adopter and adoptee may be waived
spouseofsuchparent:
whentheadopteristhebiologicalparentoftheadopteeoristhe
spouseoftheadoptee sparent;
2. If married, his/her spouse must jointly file for the

adoption;
(2) Anyalienpossessingthesamequalificationsasabove
stated for Filipino nationals: Provided, That his country has 3. Has the capacity to act and assume all rights and
diplomaticrelationswiththeRepublicofthePhilippines,thathe responsibilitiesofparentalauthorityunderhisnational
hasbeenlivinginthePhilippinesforatleastthree(3)continuous laws, and has undergone the appropriate counseling
years prior to the filing of the petition for adoption and fromanaccreditedcounselorinhis/hercountry;
maintains such residence until the adoption decree is entered,
WHOMAYADOPT
thathehasbeencertifiedbyhisdiplomaticorconsularofficeor 4. Has not been convicted of a crime involving moral
anyappropriategovernmentagencytohavethelegalcapacityto turpitude;
adoptinhiscountry,andthathisgovernmentallowstheadoptee
toenterhiscountryashisadoptedchild.Provided,further,That
the requirements on residency and certification of the alien s 5. Iseligibletoadoptunderhis/hernationallaw;
qualification to adopt in his country may be waived for the
following: 6. Isinapositiontoprovidethepropercareandsupport
andtogivethenecessarymoralvaluesandexampleto
(i) aformerFilipinocitizenwhoseeksto adoptarelative allhischildren,includingthechildtobeadopted;
withinthefourth(4th)degreeofconsanguinityoraffinity;or
(ii) one who seeks to adopt the legitimate child of his 7. Agrees to uphold the basic rights of the child as
Filipinospouse;or embodied under Philippine laws, the U.N.
(iii) one who is married to a Filipino citizen and seeks to CONVENTION ON THE RIGHTS OF THE CHILD, and to
adopt jointly with his spouse a relative within the fourth (4th) abidebytherulesandregulationsissuedtoimplement
degreeofconsanguinityoraffinityoftheFilipinospouse. theprovisionsofthisact;

(3)Theguardianwithrespecttothewardafterthetermination 8. Comes from a country with whom the Philippines has

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of the guardianship and clearance of his financial diplomaticrelationsandwhosegovernmentmaintains


accountabilities. a similarly authorized and accredited agency and that
adoptionisallowedunderhis/hernationallaws;and
Husband and wife shall jointly adopt, except in the following
cases: 9. Possesses all the qualifications and none of the
1. ifonespouseseekstoadoptthelegitimatechildofone disqualifications provided herein and in other
spousebytheotherspouse;or applicablePhilippinelaws.
2. ifonespouseseekstoadopthisownillegitimatechild:
Provided, however, That the other spouse has signified his
consentthereto;or
3. ifthespousesarelegallyseparatedfromeachother.

Incasehusbandandwifejointlyadoptoronespouseadoptsthe
illegitimate child of the other, joint parental authority shall be
exercisedbythespouses.
1. Any person below eighteen (18) years of age who has
been voluntarily committed to the Department under
Articles 154, 155 and 156 of P.D. No. 603 or judicially
declaredavailableforadoption;
2. The legitimate child of one spouse, by the other
spouse;
3. Anillegitimatechild,byaqualifiedadoptertoraisethe
statusoftheformertothatoflegitimacy; Child means a person below fifteen (15) years of age unless
4. Apersonoflegalageregardlessofcivilstatus,if,prior sooneremancipatedbylaw.
WHOMAYBEADOPTED to the adoption, said person has been consistently
considered and treated by the adopters as their own
childsinceminority;
5. Achildwhoseadoptionhasbeenpreviouslyrescinded;
or
6. Achildwhosebiologicaloradoptiveparentshavedied:
Provided,Thatnoproceedingsshallbeinitiatedwithin
six(6)monthsfromthetimeofdeathofsaidparents.
7. Achildnototherwisedisqualifiedbylawortheserules.

1. HurriedDecisions. 1. FamilySelection/Matching.

STEPBYSTEPPROCEDURE
Inallproceedingsforadoption,thecourtshallrequireproofthat Nochildshallbematchedtoaforeignadoptivefamilyunlessitis
the biologicalparent(s)hasbeenproperlycounseledtoprevent satisfactorilyshownthatthechildcannotbeadoptedlocally.The

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him/her from making hurried decisions caused by strain or clearance,asissuedbytheBoard,withthecopyoftheminutes


anxiety togiveup thechild,andtosustainthatallmeasuresto ofthemeetings,shallformpartoftherecordsofthechildtobe
strengthen the family have been exhausted and that any adopted. When the Board is ready to transmit the Placement
prolongedstayofthechildinhis/herownhomewillbeinimical Authority to the authorized and accredited intercountry
tohis/herwelfareandinterest. adoption agency and all the travel documents of the child are
ready,theadoptiveparents,oranyoneofthem,shallpersonally
2. CaseStudy. fetchthechildinthePhilippines.

Nopetitionforadoptionshallbesetforhearingunlessalicensed 2. PreadoptivePlacementCosts.
socialworkeroftheDepartment,thesocialserviceofficeofthe
localgovernmentunit,oranychildplacingorchildcaringagency The applicant(s) shall bear the following costs incidental to the
has made a case study of the adoptee, his/her biological placementofthechild;
parent(s),aswellastheadopter(s),andhassubmittedthereport
and recommendations on the matter to the court hearing such (a) The cost of bringing the child from the Philippines to the
petition. residenceoftheapplicant(s)abroad,includingalltravelexpenses
withinthePhilippinesandabroad;
The case study on the adoptee shall establish that he/she is (b) The cost of passport, visa, medical examination and
legallyavailableforadoptionandthatthedocumentstosupport psychologicalevaluationrequired,andotherrelatedexpenses.
this fact are valid and authentic. Further, the case study of the 3. Fees,ChargesandAssessments.
adopter(s)shallascertainhis/hergenuineintentionsandthatthe
adoptionisinthebestinterestofthechild. Fees, charges, and assessments collected by the Board in the
exercise of its functions shall be used solely to process
The Department shall intervene on behalf of the adoptee if it applications for intercountry adoption and to support the
finds, after the conduct of the case studies, that the petition activitiesoftheBoard.
should be denied. The case studies and other relevant
documents and records pertaining to the adoptee and the 4. SupervisionofTrialCustody.
adoptionshallbepreservedbytheDepartment.
The governmental agency or the authorized and accredited
3. SupervisedTrialCustody. agency in the country of the adoptive parents which filed the
application for intercountry adoption shall be responsible for
No petition for adoption shall be finally granted until the the trial custody and the care of the child. It shall also provide
adopter(s)hasbeengivenbythecourtasupervisedtrialcustody family counseling and other related services. The trial custody
period for at least six (6) months within which the parties are shall be for a period of six (6) months from the time of
expectedtoadjustpsychologicallyandemotionallytoeachother placement. Only after the lapse of the period of trial custody
and establish a bonding relationship. During said period, shalladecreeofadoptionbeissuedinthesaidcountryacopyof
temporaryparentalauthorityshallbevestedintheadopter(s). which shall be sent to the Board to form part of the records of
thechild.
Thecourtmaymotupropriooruponmotionofanypartyreduce

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the trial period if it finds the same to be in the best interest of During the trial custody, the adopting parent(s) shall submit to
theadoptee,statingthereasonsforthereductionoftheperiod. the governmental agency or the authorized and accredited
However,foralienadopter(s),he/shemustcompletethesix(6) agency, which shall in turn transmit a copy to the Board, a
monthtrialcustodyexceptforthoseenumeratedinSec.7(b)(i) progress report of the child's adjustment. The progress report
(ii)(iii). shall be taken into consideration in deciding whether or not to
issuethedecreeofadoption.
Ifthechildisbelowseven(7)yearsofageandisplacedwiththe
prospective adopter(s) through a preadoption placement TheDepartmentofForeignAffairsshallsetupasystembywhich
authority issued by the Department, the prospective adopter(s) Filipinochildrensentabroadfortrialcustodyaremonitoredand
shall enjoy all the benefits to which biological parent(s) is checked as reported by the authorized and accredited inter
entitledfromthedatetheadopteeisplacedwiththeprospective country adoption agency as well as the repatriation to the
adopter(s). Philippines of a Filipino child whose adoption has not been
approved.
4. DecreeofAdoption.
5. ExecutiveAgreements.
If, after the publication of the order of hearing has been
complied with, and no opposition has been interposed to the The Department of Foreign Affairs, upon representation of the
petition, and after consideration of the case studies, the Board,shallcausethepreparationofExecutiveAgreementswith
qualifications of the adopter(s), trial custody report and the countries of the foreign adoption agencies to ensure the
evidence submitted, the court is convinced that the petitioners legitimate concurrence of said countries in upholding the
arequalifiedtoadopt,andthattheadoptionwouldredoundto safeguardsprovidedbythisAct.
the best interest of the adoptee, a decree of adoption shall be
entered which shall be effective as of the date the original
petition was filed. This provision shall also apply in case the
petitioner(s)diesbeforetheissuanceofthedecreeofadoption
toprotecttheinterestoftheadoptee.Thedecreeshallstatethe
namebywhichthechildistobeknown.

5. CivilRegistryRecord.

An amended certificate of birth shall be issued by the Civil
Registry,asrequiredbytheRulesofCourt,attestingtothefact
that the adoptee is the child of the adopter(s) by being
registeredwithhis/hersurname.Theoriginalcertificateofbirth
shallbestamped"cancelled"withtheannotationoftheissuance
ofanamendedbirthcertificateinitsplaceandshallbesealedin
thecivilregistryrecords.Thenewbirthcertificatetobeissuedto
the adoptee shall not bear any notation that it is an amended

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issue.

ParentalAuthority.
Except in cases where the biological parent is the spouse of the adopter, all legal ties between the biological parent(s) and the
adopteeshallbeseveredandthesameshallthenbevestedontheadopter(s).

Legitimacy.
Theadopteeshallbeconsideredthelegitimateson/daughteroftheadopter(s)forallintentsandpurposesandassuchisentitledto
alltherightsandobligationsprovidedbylawtolegitimatesons/daughtersborntothemwithoutdiscriminationofanykind.Tothis
EFFECTS
end,theadopteeisentitledtolove,guidance,andsupportinkeepingwiththemeansofthefamily.

Succession.
Inlegalandintestatesuccession,theadopter(s)andtheadopteeshallhavereciprocalrightsofsuccessionwithoutdistinctionfrom
legitimatefiliation.However,iftheadopteeandhis/herbiologicalparent(s)hadleftawill,thelawontestamentarysuccessionshall
govern.

f) Is the final order or judgment rendered in the case, and affects the
substantialrightsofthepersonappealingunlessitbeanordergranting
RULE109
ordenyingamotionforanewtrialorforreconsideration.
APPEALSINSPECIALPROCEEDINGS

Section2.Advancedistributioninspecialproceedings. Notwithstandingapending
Section1.Ordersorjudgmentsfromwhichappealsmaybetaken. Aninterested controversyorappealinproceedingstosettletheestateofadecedent,thecourt
personmayappealinspecialproceedingsfromanorderorjudgmentrenderedbya may,initsdiscretionanduponsuchtermsasitmaydeemproperandjust,permit
Court of First Instance or a Juvenile and Domestic Relations Court, where such thatsuchpartoftheestatemaynotbeaffectedbythecontroversyorappealbe
orderorjudgment: distributedamongtheheirsorlegatees,uponcompliancewiththeconditionsset
a) Allowsordisallowsawill; forthinRule90ofthisrules.
b) Determines who are the lawful heirs of a deceased person, or the
distributiveshareoftheestatetowhichsuchpersonisentitled; APPEALINORDINARY APPEALINSPECIAL
c) Allowsordisallows,inwholeorinpart,anyclaimagainsttheestateofa CIVILACTION PROCEEDINGS
deceasedperson,oranyclaimpresentedonbehalfoftheestateinoffset NUMBEROFDAYS 15days 30days
toaclaimagainstit;
d) Settlestheaccountofanexecutor,administrator,trusteeorguardian; NOTICE OR RECORD OF Notice of appeal and Record of appeal and
e) Constitutes, in proceedings relating to the settlement of the estate of a APPEAL? paymentofdocketfees paymentofdocketfees
deceased person, or the administration of a trustee or guardian, a final
determination in the lower court of the rights of the party appealing, GRANTOFEXTENSION None May extend on
exceptthatnoappealshallbeallowedfromtheappointmentofaspecial meritoriousgrounds
administrator;and

MA.ANGELAAGUINALDO ATENEOLAW2010