Special proceedings rules summary

Special Proceedings (Based on FESTIN 2015; Syllabus by Atty.
Stephen Valera)
CAROL MORALES, KAREN UMANGAY, JOSIAH QUISING
Contents
RULE 72 | Subject Matters and Applicability of General Rules 5
Special Proceeding........................................5
Are List of Subject Matter in Rule 72 Exclusive? 5
Distinguished civil action from special proceeding 5
Determination of legal heirs of the deceased. 5
Exception to the Rule on the Need to Institute a Separate Proceeding for the Determination of Heirship
.......................................................................5
Liquidation Proceeding, is it Ordinary Action or Special Proceeding? 5
Proceeding before Shari’a Court against a Deceased, an ordinary action or Special Proceeding 5
Are Rules in Civil Action applicable in Special Proceeding 6
RULE 73| Subject of Estate of Deceased Persons6
A. Special Proceedings Relative to the Settlement of Estate of Deceased Persons. 6
Claims against the deceased; When...............6
Jurisdiction....................................................6
Venue............................................................6
Definition of “Resides”.................................6
COMPARATIVE TABLE ON JURISDICTION AND VENUE IN SPECIAL PROCEEDINGS7
Possible consequences if a will is later discovered in the course of intestate proceedings 8
What must be done if the notarial will is contested 8
If Holographic Will is contested................9
Can the probate court issue writs of execution? 9
Presumption of Death....................................9
Is Partition proper when there remains an issue as to the expenses chargeable to the estate? 9
RULE 74| Summary Settlement of Estates......10
Rule with respect to the estate left by the decedent 10
Affidavit of self adjudication.......................11
Presumption that the decedent left no debts.11
If the claimant is a minor or an incapacitated person 11
RULE 75| Production of Will; Allowance of Will Necessary 12
A. Explain Probate or Allowance of Wills. . .12
Concept and Extent of “Due Execution”.....12
Formalities of a will.................................13
B. Intrinsic Validity......................................13
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Special Proceedings (Based on FESTIN 2015; Syllabus by Atty. Stephen Valera)
C. Doctrine of Estoppel in Probate Proceedings 13

D. Limited Jurisdiction.................................13
Principle of Exclusionary Rule....................14
E. Duty of a Custodian and Executor of a Will14
May MANDAMUS compel the production of the original will? 14
RULE 76 | Allowance or Disallowance of Will15
Who man Petition for the allowance of Will?15
Who is a “person interested in the estate”?. .15
Probate of a Will..........................................15
Is probate subject to prescription?...........15
Petition for the allowance of the Will must show: 15
Do rules require proof that the foreign will has been probated in the foreign country? 16
Bar Question: What are the Jurisdictional facts that must be alleged in a petition for the allowance of
the will?...................................................16
Nature of Probate Proceeding......................16
How may a lost will be probated?............16
Bar Question: What are the requisites in order that a lost or destroyed will may be probated? 16
Bar Question: Sufficient to disallow a will on the ground of mistake.16
Bar Question: May an order denying the probate of a will still be overturned after period to appeal
therefrom has lapsed? Why?....................16
Who are entitled to notice of time and place of probate proceeding? 16
RULE 77| Allowance of Will Proved Outside the Philippines and Administration of Estate Thereunder
17
A Will was probated in a Foreign Country. Must it be re-probated in the Philippines? 17
What must the proponent prove during a reprobate? 17
Effects of allowance of a Will.................17
May a will executed by foreigners abroad be probated in the Philippines even if not yet proved and
allowed in the country of execution?.......17
Can our courts take judicial notice of foreign laws? 17
What is the duty of the petitioner in a probate proceeding? 17
RULE 78| Letters Testamentary and of Administration, When and To Whom Issued 18
Who may administer the estate:...................18
Who are incompetent to serve as executors or administrators? 18
Letters of Testamentary...........................18
Letters of Administration.........................18
2
Rule if some co-executors are disqualified. .18

Order of preference in granting letters of administration under Section 6 if no executor is named in the
will or the executor is incompetent, refuses the trust, or fails to give bond, or a person dies intestate:
.....................................................................18
Is the rule on order of preference absolute?19
Other instances when the court may set aside the order of preference: 19
Scope or limit of administration..............19
RULE 79 | Opposing Issuance of Letters Testamentary Petition and Contest for Letters of Administration
20
A. Who may file a Petition for Letters of Administration? 20
B. Who is an “interested party” in estate proceedings? 20
“Any interested person” or “any person interested in the estate” 20
Remedy given to a creditor or any interested person to protect his interest in the estate 21
Right of the testator to appoint an executor over his property 21
C. Contents of a petition for letters of administration: 21
D. Who may file an OPPOSITION to the issuance of letters testamentary? 21
Grounds for opposition of a Petition for administration: 21
RULE 80 | Special Administrator....................22
A. Special Administrator..............................22
B. Regular Administrator v. Special Administrator 22
C. Special Co-Administrators.......................22
D. REMEDY................................................22
RULE 81| Bonds of Executors and Administrators 23
A. Conditions of a Bond...............................23
B. Purpose of a bond....................................23
RULE 82| Revocation of Administration, Death, Resignation, and Removal of Executors and
Administrators.................................................24
Effect of discovery of a will to the Letters of Administration previously granted 24
Consequence if a will is later discovered during the intestate proceedings 24
Purpose of administration............................24
Liquidation..................................................24
Grounds wherein a court may remove or accept resignation of executor /administrator 24
Examples of valid grounds for removal of an administrator by the probate court 25
RULE 83| Inventory and Appraisal Provision for Support of Family 25
Executor or administrator is duty bound to make a return of the inventory and appraisal of the estate
.....................................................................25
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Articles which need not be inventoried:.......25

Property claimed by a 3rd person................25
RULE 84| GENEREAL POWERS AND DUTIES OF EXECUTOR AND ADMINISTRATOR 26
General Powers and Duties of executors and administrators 26
Is the right of an executor and administrator to the possession and management of properties left by the
deceased absolute?.......................................26
In the exercise of the powers of administration by the executor or administrator, should there be leave
of court?.......................................................27
RULE 85|.........................................................27
ACCOUNTABILITY AND COMPENSATION OF EXECUTORS AND ADMINISTRATORS 27
What are administration expenses?..............27
Necessary Expenses.....................................27
Remedies to collect attorney’s fees in the estate proceeding 27
Remedies:................................................28
When should an executor or administrator......28
render an account?...........................................28
Administrator’s duty to render an accounting:28
Is the one year period to render an accounting mandatory? 28
May a party whose claim is contingent compel the administrator to render an accounting? 28
To whom notice must be given: (Sec. 10 Rule 85) 28
To what instances are interested parties entitled to notice: 28
RULE 86 | Claims against the Estate...............29
A. Equitable Lien of Creditors......................29
Statute of Non-Claims.................................29
Period to file the Claim............................29
Extension of Period.................................29
Publication of Notice...............................29
B. Types of Claim that must be filed with the probate court under the Notice 29
Rule 86, Section 5 vs. Rule 6, Section 11....29
“Money Claims”; Definition........................30
C. Contingent Claim.....................................30
Distinct and Alternative Remedies Available to a Mortgage Creditor Upon Mortgagor’s Death 30
D. Appeal.....................................................30
RULE 87| Actions by and Against Executors and Administrator 31
A. Actions Against the Executor or Administrator 31
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Actions that may NOT be brought the Executor or Administrator 31

Standing of Heirs.....................................31
Right of the Administrator to the Production and Examination of Specified Documents 31
Donee Inter Vivos....................................31
RULE 88 | Payment of the Debts of the Estate 32
A. Power to Issue Writ of Execution to Pay Claims 32
Proper procedure for the payment of debts and expenses of administration 32
B. Persons authorized to dispose of the properties of the estate 32
Is the heir or distributee liable for outstanding claims against the estate? 32
RULE 89 | Sales, Mortgages, and Other Encumbrances of Property Decedent 33
A. Mandatory Requirement to Effect Authority of the Sale or Encumbrance of Real Property 33
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RULE 72 | Subject Matters and The Declaration of Heirship can be made in a

special proceeding because the petitioner here
Applicability of General Rules are seeking the establishment of status or right.
Special Proceeding Exception to the Rule on the Need to Institute
It is an application to establish the status or right a Separate Proceeding for the Determination
of a party or a particular fact or any for remedy of Heirship
other than an ordinary suit in a court of justice. The institution of separate proceeding may be
dispensed with for the sake of practicality, as
Are List of Subject Matter in Rule 72 when the parties in the civil case had voluntarily
Exclusive?
submitted the issue to the trial court and already
No. Any petition which has for its main purpose
presented their evidence regarding the issue of
the establishment of status or right or a
heirship, and the RTC had consequently
particular fact may be included as special
rendered judgment thereon, or when special
proceeding. (Example: Declaration of nullity of
proceeding had been instituted but had been
Marriage; it seeks to establish a status, a right or
finally closed and terminated, hence cannot be
a particular fact.)
re-opened.
Distinguished civil action from special
Liquidation Proceeding, is it Ordinary Action
proceeding
or Special Proceeding?
1. Spec Pro under the same rule provides
It should be classified as Special Proceeding.
that it is a remedy by which a party
Such petition does not seek the enforcement or
seeks to establish a status, a right or a
protection of rights, it does not pray for
particular fact. Civil Action is one by
affirmative relief for an injury arising form a
which a party sues another for the
party’s wrongful act.
enforcement or protection of a right, or
the prevention or redress of a wrong. Proceeding before Shari’a Court against a
2. Unlike actions, Spec Pro is generally Deceased, an ordinary action or Special
commenced by application, petition or Proceeding
special form of pleading as may be The settlement of estate is deemed a special
provided for by a particular rule or law. proceeding.
3. In Spec Pro, it does not pray for
MONTANER vs SHARI’A COURT
affirmative relief for injury arising from
The Court reiterates that the proceedings
a party’s wrongful act or omission nor before the court a quo are for the issuance of
state a cause of action that can be letters of administration, settlement and
enforced against any person. distribution of the estate of the deceased,
which is a special proceeding. Sec (3) ofthe
MONTANER et al vs SHARI’A DISTRICT
ROC defines a special proceeding as “a
COURT
remedy by which a party seeks to establish a
Unlike a civil action which has definite
status, a right, or a particular fact.” This Court
adverse parties, a special proceeding has no
has applied the Rules, particularly the rules on
definite adverse party.
special proceedings for the settlement of the
estate of a deceased Muslim.
Determination of legal heirs of the deceased
Jurisprudence dictates that the determination of
legal heirs must be made in a proper special
proceeding not in an ordinary suit for recovery
of ownership ad possession of property. Are Rules in Civil Action applicable in
Special Proceeding
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Yes, in absence of special provisions, the rules RULE 73| Subject of Estate of
provided for in ordinary actions hall be, as far as
practicable, applicable in Special Proceeding. Deceased Persons
HILADO vs COURT OF APPEALS A. Special Proceedings Relative to the
Notwithstanding Sec 2 of Rule 72, Intervention Settlement of Estate of Deceased Persons.
as set forth under Rule 19 does not extend to
creditors of a decedent whose credit is based on  Testate or intestate
contingent claim.  Probate of the will is MANDARY
 The institute of intestate proceeding in
another place may not proceed while the
ALAN SHEKER vs. ESTATE OF ALICE probate of a purported will of the
SHEKER deceased is pending in another place.
Provisions of the Rules of Court requiring
certificate of non-forum shopping for Claims against the deceased; When
complaints and initiatory pleadings, a written  Must be filed DURING the settlement
explanation for non-personal service ad filing, proceedings (Rules 73-90)
and the payment of filing fees for money
claims against an estate would not in any way Jurisdiction
obstruct probate proceedings such as the - depends on the gross value of the estate
settlement of the estate of a deceased person as Metro-Manila
in the present case.
 MTC: < PHP 400,000
 RTC: above PHP400,000
Non-Metro Manila
 MTC: <PHP 300,000

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

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

information is should continue hearing the two cases2
gathered,
collected, or 3. Replace – proceedings for the probate of
stored, at the the will should replace the intestate
option of the proceedings even if an administrator had
petitioner already been appointed.
Change of Name RTC of petitioner’s
o the administrator would be
(Rule 103) residence
Absentees (Rule 107) RTC where absentee required to render a final accout
resided before he and turn over the estate in his
disappeared possession to the executor
Cancellation or RTC of the province subsequently appointed
Correction of Entries where the corresponding o without prejudice that the
(Rule 108) Local Civil Registrar of proceeding shall continue as an
place is located intestacy3
Clerical Error Act 1. Local Civil
(RA 9048) Registry office NOTE: the mere discovery of a
of the document purporting to be the last will
city/municipalit and testament after appointment of an
y where the
administrator and assumption that the
record being
decedent died intestate does NOT, ipso
sought to be
corrected or facto nullify the letters of administration
changed is kept already issued or even authorize their
2. Local civil revocation UNTIL the will has been
registrar of the proved and allowed.
palce where the
interested party
is presently
residing or What must be done if the notarial will is
domiciled contested
3. Philippine o All subscribing witnesses (not insane),
Consulates must be produced and examined and
Possible consequences if a will is later
death, absence, or insanity of any of
discovered in the course of intestate
them must be satisfactorily shown to the
proceedings
court.
1. Sound discretion of the court – whether o If all/some are present in the Philippines
the intestate proceedings already but outside the province where the will
commenced should be discontinued and was filed, then their deposition must be
a new proceeding under a separate taken.
number and title should be constituted1 NOTE: A testament may NOT be allowed just
because the attesting witnesses declare against
2. Consolidated – the intestate case should
2
be consolidated with the testate and the
129 SCRA 33
1 3
85 Phil. 268 33 SCRA 252

9
its due execution (or do not remember or are Art. 391. The following shall be presumed dead
otherwise doubtful of credibility); neither does it for all purposes, including the division of the
have to be necessarily allowed just because all estate among the heirs:
attesting witnesses declare in favor of its
(1) A person on board a vessel lost
legalization. What is decisive is that the court is
during a sea voyage, or an
convinced
aeroplane which is missing, who
If Holographic Will is contested has not been heard of for four
- three witnesses should declare that the years since the loss of the vessel
will was in the handwriting of the or aeroplane;
deceased (2) A person in the armed forces
- in the absence of competent witnesses, who has taken part in war, and
expert testimony may be resorted. has been missing for four years;
(3) A person who has been in
Can the probate court issue writs of
danger of death under other
execution?
GR: No, because its orders usually refer to the circumstances and his existence
adjudication of claims against the estate which has not been known for four
the executor or administrator may satisfy years. (n)
without the need of executor processes. Art. 392. If the absentee appears, or without
XPN: appearing his existence is proved, he shall
recover his property in the condition in which it
1. To satisfy the contributive shares of the may be found, and the price of any property that
devisees, legatees, and heirs on may have been alienated or the property
possession of the decedent’s assets acquired therewith; but he cannot claim either
(Rule 88, Sec. 6) fruits or rents.
2. To enforce payment of the expenses of
partition (Rule 90, Sec.3) Is Partition proper when there remains an
issue as to the expenses chargeable to the
3. To satisfy the cost when a person is
estate?
cited for examination in probate
No. The heirs have to submit the estate to
proceedings (Rule 142, Sec. 13)
settlement because the determination of the
expenses cannot be done in an action for
Presumption of Death partition.
Civil Code Provisions:
NOTE: In an estate settlement proceeding, there
Art. 390. After an absence of seven years, it is a proper procedure for the accounting of all
being unknown whether or not the absentee still expenses for which the estate must answer. If
lives, he shall be presumed dead for all there is any consolation at all to petitioner, the
purposes, except for those of succession. heirs or distributees of the properties may take
possession thereof even before the settlement of
The absentee shall not be presumed dead for the accounts, as long as they first file a bond
purpose of opening his succession till after an conditioned on the payment of the estate’s
absence of ten years. If he disappeared after the obligations.
age of seventy-five years, an absence of five
years shall be sufficient in order that his QUIAZON v. BELEN
succession may be opened. (n) Under Section 1, Rule 73, the petition for
letters of administration of the estate of a
decedent should be filed in the RTC of the
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province where the decedent resides at the RULE 74| Summary

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

Allowance of Will Necessary
SPS. BENATIRO v. HEIRS OF EVARISTO
CUYOS A. Explain Probate or Allowance of Wills
The publication of the settlement does not
constitute constructive notice to the heirs who It is the act of proving in court a document
had no knowledge or did not take part in it purporting to be the last will and testament of a
because the same was notice after the fact of certain deceased person for the purpose of its
execution. official recognition, registration, and carrying
out its provision in so far as they are in
accordance with law.
Sec.1, Rule 75 – No will shall pass either real

or personal estate unless it is proved in the
proper court. Subject to the right of appeal,
such allowance of the will shall be conclusive
as to its due execution.
 Allowance of a will – NECESSARY.

 Probate of a will – MANDATORY.
o Until admitted to probate, a will
has NO EFFECT and NO
RIGHT can be claimed
4
thereunder .
o A lawyer cannot execute a deed
of partition; neither can a court
approve a project of partition
without probate of the will.
 Decree of probate – CONCLUSIVE
o conclusive with respect to the
due execution of the will
o cannot be impugned on any
grounds, in any separate or
independent action or
proceeding EXCEPT FRAUD
Concept and Extent of “Due Execution”
Due execution covers the following:

1. The will was executed in accordance
with the STRICT FORMALITIES of the
law.
2. The testator was of SOUND and
DISPOSING mind at the time of the
execution of the will
4
409 SCRA 105

13
3. Consent is NOT VITIATED by any Clerk of Court.

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

distribution of estate.
SEC. 3. Executor to present will and accept
NOTE: When questions arise as to ownership of or refuse trust.—A person named as
property alleged to be part of the estate of a executor in a will shall, within twenty (20)
deceased but claimed by some other by virtue of days after he knows of the death of the
any right of inheritance, such questions cannot testator, or within twenty (20) days after he
be determined in the courts of administration knows that be is named executor if he
proceedings. (Jurisdiction belongs to the trial obtained such knowledge after the death of
court in general jurisdiction) the testator, present such will to the court
GR: Probate court cannot decide a question of having jurisdiction, unless the will has
title of ownership.
reached the court in any other manner, and
shall, within such period, signify to the
EXN: court in writing his acceptance of the trust
or his refusal to accept it.
 The interested parties who are ALL
HEIRS of the deceased consent thereto SEC. 4. Custodian and executor subject to
and the interests of third parties are not fine for neglect. — A person who neglects
prejudiced any of the duties required in the two last
 in a provision manner, to determine preceding sections without excuse
whether said property should be satisfactory to the court shall be fined not
included in or excluded from the exceeding two thousand pesos.
inventory; without prejudice to the final
determination of title in a separate SEC. 5. Person retaining will may be
action. committed. — A person having custody of a
will after the death of the testator who
Principle of Exclusionary Rule neglects without reasonable cause to deliver
When a probate court first takes cognizance and the same, when ordered so to do, to the
jurisdiction over the settlement of the estate of a court having jurisdiction, may be committed
deceased person, it shall continue to exercise to prison and there kept until he delivers the
jurisdiction over the same to the exclusion of will.
other courts.
E. Duty of a Custodian and Executor of a Will May MANDAMUS compel the production of the
original will?
 Custodian – deliver the will to the court NO. There being a plain, speedy, and adequate
having jurisdiction or the executor remedy in the ordinary court of law for the
within 20 days after he knows of the production of the subject will, the remedy
death of the testator mandamus cannot be availed of (see above).
 Executor – presents the will to the court
and must accept or refuse the trust,
within 20 days of knowledge of death.
PACIOLES, JR v. CHUATOCO-CHING
Rules of Court, Rule 75 GR: Jurisdiction of the trial court either as an
SEC. 2. Custodian of will to deliver.—The intestate or a probate court relates ONLY to
person who has custody of a will shall, matters having to do with the settlement of
within twenty (20) days after he knows of the estate.
the death of the testator, deliver the will to
EXN: intestate or probate court may hear and
the court having jurisdiction, or to the
15
pass upon questions of ownership when its RULE 76 | Allowance or

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

show:
1. The jurisdictional facts;
2. The names, ages and residences of the
heirs, legatees and devisees of the
testator;
3. The probable value and character of the
property of the estate;
16
4. The name of the person whom letters are 3. There must be at least two credible
prayed; witnesses.
5. If the will has not been delivered to the
court, the name of the person having Bar Question: Sufficient to disallow a will on
the ground of mistake.
custody of it.
The testator intended a donation inter vivos but
Do rules require proof that the foreign will unwittingly executed a will.
has been probated in the foreign country?
No. The rules do not require proof that the Bar Question: May an order denying the
probate of a will still be overturned after period
foreign will has already been allowed and
to appeal therefrom has lapsed? Why?
probated in the country of its execution.
Yes, an order denying the probate of a will may
Bar Question: What are the Jurisdictional facts be overturned after the period to appeal
that must be alleged in a petition for the therefrom has lapsed. A petition for relief may
allowance of the will? be filed on the grounds of fraud, accident,
1. Death of the decedent; mistake or excusable negligence within a period
2. His residence at the time of his death in of 60 days after the petitioner learns of the
the province of where the probate court judgment or final order and not more than 6
is sitting; or months after such judgment or final order was
3. If he is an inhabitant of a foreign entered.
country, his leaving his estate in such
province. Who are entitled to notice of time and place
of probate proceeding?
Nature of Probate Proceeding Sec. 4, Rule 76 provides that known heirs,
Probate proceeding is in rem. The notice by legatees and devisees of the testator are entitled
publication as a prerequisite to the allowance of to notices.
a will, is a constructive notice to the whole
world, and when probate is granted the judgment ALABAN vs COURT OF APPEALS
is binding upon everybody, even against the Publication is notice to the whole world that
the proceeding has for its object to bar
State.
indefinitely all who might be minded to make
How may a lost will be probated? an objection of any sort against the right
The Rules declares that no will shall be proved sought to be established. It is the publication
as a lost or destroyed will unless the execution of such notice that brings in the whole world
and validity of the same be established, and the as a party in the case and vests the court with
will is proved to have been in existence at the jurisdiction to hear and decide it. Thus, even
though petitioner were not mentioned in the
time of death of the testator, or is shown to have
petition for probate, they eventually became
been fraudulently or accidentally destroyed in
parties thereto as a consequence of the
the lifetime of the testator without his publication of the notice of hearing.
knowledge, nor unless its provisions are clearly
and distinctly proved by at least two credible
witnesses.
Bar Question: What are the requisites in order
that a lost or destroyed will may be probated?
1. Execution and validity of the will must
be established;
2. The will must have been in existence at
the time of the death of the testator;
17
RULE 77| Allowance of Will Yes, our laws do not prohibit the probate of
wills executed by foreigners abroad although the
Proved Outside the Philippines same have not yet been probated and allowed in
and Administration of Estate the countries of their execution. Art. 816 of the
Civil Code states that the will of an alien who is
Thereunder abroad produces effect in the Philippines if
made in accordance with the formalities
A Will was probated in a Foreign Country.
Must it be re-probated in the Philippines? prescribed by the law of the place where he
Yes. Section 1, of Rule 77 provides that a will resides, or according to the formalities observed
proved and allowed in a foreign country must be in his country.
re-probated in the Philippines. If the decedent Can our courts take judicial notice of foreign
owns properties in different countries, separate laws?
proceedings must be had to cover the same. No, foreign laws do not prove themselves in our
jurisdiction and our courts are not authorized to
What must the proponent prove during a take judicial notice of them. Hence, executors or
reprobate? administrator of the decedent’s estate are duty-
1. That the testator was domiciled in the bound to introduce in evidence the pertinent law
foreign country; of the foreign court which admitted to probate
2. That the will has been admitted to the will of the deceased.
probate in such country;
What is the duty of the petitioner in a probate
3. That the foreign court was, under the proceeding?
laws of said foreign country, a probate They are duty-bound to introduce the pertinent
court with jurisdiction over the law of the State of the decedent.
proceeding;
4. The law on probate procedure in said ----------------------------------------------------------
foreign country and proof of compliance
therewith;
5. The legal requirements in said foreign
country for valid execution of the will.
Effects of allowance of a Will
1. Treated as if originally proved and
allowed in Philippine courts;
2. Letters testamentary or administration
with a will annexed shall extend to all
estates of the Philippines;
3. After payment of just debts and
expenses of administration, the residue
of the estate shall be disposed of as
provided by law in cases of estates in
the Philippines belonging to persons
who are inhabitants of another state or
country;
May a will executed by foreigners abroad be

probated in the Philippines even if not yet
proved and allowed in the country of execution?
18
RULE 78| Letters  Executor of an executor shall not, as

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

administrators? the will to administer the estate.
1. Minor
Letters of Administration
2. Not a resident of the Philippines
It is an authority issued by the court to a
3. Opinion of the court to be unfit to execute the
competent person to administer the estate of the
duties of the trust by reason of drunkenness,
deceased who died intestate.
improvidence, or want of understanding or
integrity, or by reason of conviction of an Rule if some co-executors are disqualified
offense involving moral turpitude. When all of the executors named in a will cannot
act because of incompetency, refusal to accept
Executor Administrator the trust, or failure to give bond, on the part of
A person named A person appointed by one or more of them, letters testamentary may
expressly by the the intestate court to issue to such of them as are competent, accept
deceased person in administer the estate of and give bond, and they may perform the duties
his will to a deceased person: and discharge the trust required by will.
administer, settle
and liquidate his a. dies without leaving a Order of preference in granting letters of
estate will administration under Section 6 if no executor
b. or did not name any is named in the will or the executor is
executor even if there incompetent, refuses the trust, or fails to give
was a will. bond, or a person dies intestate:
c. if there be one a. To the surviving husband or
named, he is wife, as the case may be, or next
incompetent, refuses of kin, or both, in the discretion
the trust or fails to give of the court, or to such person as
a bond, or that the will such surviving husband or wife,
subsequently, is or next of kin, requests to have
declared null and void. appointed, if competent and
willing to serve.
b. If such surviving husband or
 No law that prohibits an alien from
wife, as the case may be, or next
becoming an executor or administrator.
of kin, or the person selected by
them, be incompetent or
19
unwilling, or if the husband or NOTE: Earnest effort is not required in special

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

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

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

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

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

Administration extends only to the assets of a
decedent found within the state or country where
it was granted
20
RULE 79 | Opposing Issuance Sec. 1, Rule 76 allows a “person

interested in the
of Letters Testamentary estate” to petition for
the allowance of a
Petition and Contest for will
Letters of Administration Sec. 6, Rule 87 allows an individual
interested in the
estate of the deceased
“to complain to the
A. Who may file a Petition for Letters of court of the
Administration? concealment,
embezzlement or
A petition for letters of administration must be
conveyance of any
filed by an interested person (Sec 2).
assets of the
F. Who is an “interested party” in estate decedent, or of
evidence of the
proceedings?
decedent’s title or
Interested Party (in estate proceedings) - one interest therein”
who would be benefited in the estate, such as an Sec. 10, Rule 85 requires notice of the
heir, or one who has claim against the estate, time and place of the
such as creditor. examination and
allowance of the
NOTE: “next of kin” refers to those whose Administration’s
relationship with the decedent is such that they account “to the
are entitled to share in the estate as distributes. persons interested”
Sec. 7, Rule 89 requires the court to
“Any interested person” or “any person give notice “to the
interested in the estate” persons interested”
before it may hear
The following provisions allows “any interested and grant a petition
person” or “any person interested in the estate” seeking the
to participate in varying capacities: disposition or
encumbrance of the
Sec. 1, Rule 79 recognizes the right properties of the
of “any person estate
interested” to oppose Sec. 1, Rule 90 “any person
the issuance of letters interested in the
testamentary and to estate” to petition for
file a petition for an order for the
administration distribution of the
Sec. 3, Rule 79 mandates the giving residue of the estate
of notice of hearing of the decedent, after
on the petition for all obligations are
letters of either satisfied or
administration to the provided for.
known heirs,
creditors and “to any
other persons
believed to have
Remedy given to a creditor or any interested
interest in the estate”
person to protect his interest in the estate:
21
The Rules do not provide for the right to 2. On the ground of the contestant’s own
participate in the estate proceeding, however, right to the administration.
they may be allowed to seek certain prayers or
reliefs from the intestate court not explicitly AMELIA GARCIA –QUIAZON vs
BELEN
provided for under the Rules, if the prayer or
relief sought is necessary to protect their interest An “interested party” in the estate proceeding,
in the estate. is one who would be benefited in the estate,
such as an heir, or one who has a claim
Right of the testator to appoint an executor against the estate, such as a creditor. Also, in
over his property: estate proceedings, the phrase “next of kin”
refers to those whose relationship with the
The choice of his executor is a precious decedent is such that they are entitled to share
prerogative of a testator, a necessary in the estate as distributes
concomitant of his right to dispose of his
property in the manner he wishes. It is natural
that the testator should desire to appoint one of
his confidence, one who can be trusted to carry
out his wishes in the disposal of his estate.
NOTE: The curtailment of this right may be
considered a curtailment of the right to dispose.
G. Contents of a petition for letters of

administration:
1. Jurisdictional facts;
2. The names, ages, and residence of the
heirs, and the names and residence of
the creditors;
3. The probable value and character of the
property of the estate;
4. The name of the person for whom letters
of administration are prayed.
NOTE: No defect on the petition shall render
void the issuance of letters of administration.
H. Who may file an OPPOSITION to the

issuance of letters testamentary?
ANY person interested in the will may state in

writing the grounds why letters testamentary
should not be issued to the persons named
therein as executors.
Grounds for opposition of a Petition for

administration:
1. Incompetency of the person for whom
the letters are prayed therein; and
22
RULE 80 | Special preference of appointment in Section 6, Rule 78

for regular administrators not applicable.
Administrator
 Courts may appoint or remove special
A. Special Administrator administrators based on grounds other
than those enumerated in the Rules, at
- representative of the decedent appointed
their discretion.
by the probated court to care for
 Said discretion should not be exercised
Role; principal object of the appointment- with grave abuse.
preserve his estate UNTIL an executor or  Appointment should be based on equity,
general administrator is appointed justice, and legal principles.
o subject to the court’s J. Special Co-Administrators
supervision and control
o expected to work for the best Circumstances that the SC upheld the
appointment of special co-administrators:
interest of the entire estate; with
a view to its smooth 1. To have the benefits of their judgment
administration and speedy and perhaps at all times to have different
settlement interests represented;
- NOT regarded as an agent of the parties 2. Where justice and equity demand that
suggesting the appointment opposing parties or factions be
represented in the management of the
NOTE: A special administrator may be
estate of the deceased
appointed by a court when there is delay in
3. Where the estate is large or from any
granting letters testamentary or of administration
cause, an intricate and perplexing one to
by an appeal (or MR) from the allowance or
settle
disallowance of a will or some other cause.
4. To have all interested persons satisfied
I. Regular Administrator v. Special and the representatives to work in
Administrator harmony for the best interests of the
estate
Regular Special 5. when a person entitled to the
Appointed when a Appointed when administration of an estate desires to
decedent died there is delay in have another competent person
intestate or did not granting letters
associated with him in the office.
appoint any executor testamentary or of
in his will or the will administration K. REMEDY
is subsequently
disallowed  Rule 65 – Certiorari
Obliged to pay the Nope
debts of the estate TAN v. GEDORIO, JR
May be the subject of Order of appointment The order of preference in the appointment of
appeal regarded as an a regular administrator does NOT apply to the
interlocutory order ; selection of a special administrator. Sec. 6,
not subject to appeal Rule 78 - preference for the next of kin refers
to the appointment of a regular administrator,
and not of a special administrator, as the
NOTE: Appointment of special administrator appointment of the latter lies entirely in the
lies entirely in the sound discretion of the court; court’s discretion and not appealable.
23
RULE 81| Bonds of Executors object and purpose is to safeguard the

properties of the decedent, hence should not
and Administrators be considered as part of the necessary
expenses chargeable against the estate.
 An executor or administrator before he
enters upon the execution of his trust,
and letters testamentary or of A special administrator before entering upon
administration issue, he shall give a the duties of his trust shall:
bond. 1. Give a bond conditioned that he will make
and return a true inventory of the goods,
A. Conditions of a Bond chattels, rights, credits and estate of the
1. To make and return to the court, within 3 deceased which shall come to his possession
months, a true and complete inventory of all or knowledge; AND
goods, chattels, rights, credits and estate of 2. That he will truly account for such as are
the deceased which shall come to his received by him when required by the court
possession or knowledge or to the and will deliver the same to the person
possession of any other person for him; appointed executor or administrator, or to
2. To administer according to these rules, and such other person as may be authorized to
if an executor, according to the will of the receive them.
testator, all goods, chattels, rights, credits, ----------------------------------------------------------
and estate which shall at any time come to
his possession or to the possession of any
other person for him, and from the proceeds
to pay and discharge all debts, legacies, and
charges on the same, or such dividends
thereon as shall be decreed by the court;
3. To render a true and just account of his
administration to the court within 1 year,
and at any other time when required by the
court;
4. To perform all orders of the court by him to
be performed.
L. Purpose of a bond
It is intended as an indemnity to the creditors,

the heirs and the estate. It shall be held
accountable for any breach of duty that may be
done by the administrator or executor.
Such liability may be enforced by motion or in a
separate action.
OCAMPO v. OCAMPO (2010)

Administration bond is for the benefit of the
creditors and the heirs, as it compels the
administrator, whether regular or special, to
perform the trust reposed in, and discharge
the obligations incumbent upon him. Its
24
RULE 82| Revocation of

Mere discovery of a document purporting to be
Administration, Death, the last will and testament of the decedent after
the appointment of an administrator does not
Resignation, and Removal of ipso facto nullify the letters of administration
Executors and Administrators already issued or even authorize their revocation
until the will has been proved and allowed.
Effect of discovery of a will to the Letters of

Administration previously granted NOTE: If a will is subsequently found while the
The letters of administration shall be revoked intestate proceeding is pending and the will is
and all powers thereunder cease, and the submitted for probate, the intestate proceedings
administrator shall forthwith surrender the shall be discontinued or suspended. After the
letters to the court, and render his account within will is probated, the intestate proceedings will be
such time as the court directs. terminated.
Consequence if a will is later discovered Purpose of administration

during the intestate proceedings It is the liquidation of the estate and distribution
Proceedings for the probate of the will should of the residue among the heirs and legatees.
replace the intestate proceedings even if at that
stage, an administrator had already been
Liquidation
appointed, the latter being required to render a
It is the determination of all the assets of the
final account and turn over the estate in his
estate and payment of all debts and expenses.
possession to the executor subsequently
appointed. This is without prejudice that the ● Approval of the project of partition does
proceeding shall continue as intestacy. not necessarily terminate administration
NOTE: Whether the intestate proceeding
already commenced should be discontinued and Grounds wherein a court may remove or
a new proceeding under a separate number and accept resignation of executor /administrator
title should be constituted is entirely a matter of ● If he neglects to render his account and
form and lies within the sound discretion of the settle the estate according to law, to
court. perform an order or judgment of the
court, or a duty expressly provided by
 Consolidation and joint hearing of the 2
cases would be proper if they do not these rules, absconds, or becomes
involve settlement of the estate of a insane, or otherwise incapable or
decedent. unsuitable to discharge the trust. (Not
 Discovery of the will does not ipso facto exclusive. Court has discretion.)
nullify the letters of administration
already issued. It is only when the newly
NOTE: A special administrator may be removed
discovered will has been admitted to
on other grounds upon the court’s discretion
probate that the letters of administration
unlike an administrator /executor.
may be revoked.
Examples of valid grounds for removal of an

administrator by the probate court
ADVINCULA V. TEODORO
25
1. An administrator who disbursed funds if RULE 83| Inventory and

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

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

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

- may be included in the inventory as part
of the assets of the estate and the
probate court may order such inclusion,
but such order of the probate court is
only a prima facie determination and
does not preclude the claimants from
maintaining an ordinary civil action for
the determination of title.
● The widow and family of a deceased
person, during the settlement of the
estate, shall receive therefrom, under the
26
discretion of the court, such allowance RULE 84| GENEREAL

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

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

administration by the executor or
administrator, should there be leave of court?
27
RULE 85|
GR: No, an administrator or executor has all the
powers necessary for the administration of the ACCOUNTABILITY AND
estate and which power he can exercise without
leave of court. It has long been held that the COMPENSATION OF
constitution of a lease over the property of the EXECUTORS AND
estate is an act of administration and leave of
court is not required. ADMINISTRATORS
EXPN: With leave of court: What are administration expenses?
- necessary for the management of the
1. Right of legal redemption over a portion estate, for protecting it against
of the property owned in common sold destruction or deterioration, and
by one of the other co-owners. (Not possibly, for the production of fruits.
within the powers of administration.) - Expenses and its management for the
purpose of liquidation, payment of
2. If the estate of the deceased is already debts, and distribution of the residue
the subject of testate and intestate among the persons entitled thereto.
proceeding; the administrator cannot
enter into any transaction without Necessary Expenses
approval from court. - Entailed for the preservation and
productivity of the estate and for its
management for purposes of liquidation,
payment of debts, and distribution of the
residue among persons entitled thereto.
- Expenses for the renovation and

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

administrator and executor in his
capacity as trustee of the estate and for
the protection of the interests of such
28
estate, attorney’s fees is chargeable to The exception is when the court directs because
the estate. of extensions of the time for presenting claims
against the estate or for paying the debts.
Remedies:
a. Bring and independent action personally May a party whose claim is contingent
against the executor or administrator; or compel the administrator to render an
b. File a petition in the administration accounting?
proceedings for the probate court to NO. The administrator is required to render an
allow the same and to direct the account of his administration within one year
payment of his fees as expenses of from receipt of letters of administration. These
administration. are reliefs available to compel and administrator
to perform either duty, but not to the person
When should an executor or administrator whose claim is still contingent.
render an account? To whom notice must be given: (Sec. 10 Rule
85)
Render an account of his administration within
Persons interested of time and place of
one year from the time of receiving letters
examining and allowing the same, such notice
testamentary or of administration, unless the
must be given personally to such persons
court otherwise directs because of extensions of
interested or by advertisement in a newspaper or
time for presenting claims against, or paying the
newspaper, or both, as the court directs.
debts of, the estate, or for disposing of the
estate; he shall render further accounts as the To what instances are interested parties
court may require until the estate is wholly entitled to notice:
settled. a. Time and place of examining and
allowing the account of the executor and
Administrator’s duty to render an administrator;
accounting: b. Concerning the petition to authorize the
Administrator or executor is under obligation to
executor or administrator to sell
render a true and just account of his
personal estate, or to sell, mortgage or
administration to the court.
otherwise encumber real estates; and
Hearing is held before an administrator’s c. Hearing for the application for an order
account is approved, especially when interested for distribution of the estate residue.
parties raises objections to certain items in the
accounting report.
During the hearing, the administrator to take the
witness stand, testify under oath on his accounts
and identify the receipts vouchers and
documents evidencing his disbursements which
are offered as exhibits.
Oppositor may present proofs for rebuttal.
Is the one year period to render an
accounting mandatory?
Yes, rendering account is mandatory within 1
year from his appointment.
29
RULE 86 | Claims against the person and the early delivery of the property to
the person entitled to the same.
Estate
Extension of Period
A. Equitable Lien of Creditors  Allowed; money claims against the
estate may be allowed any time before
Upon the death of a person, all of his property is
an order of distribution is entered, at the
burdened with all his debts, creating an
discretion of the court for cause and
equitable lien for the benefit of the creditors –
upon such terms as are equitable.
which continues until the debts are extinguished
either by: Publication of Notice
 Works as a constructive notice to all;
a) Payment
hence, a creditor cannot be permitted to
b) Prescription
file his claim beyond the period fixed in
c) Satisfaction in one of the modes
said notice on the bare ground that he
recognized by law
had no knowledge of the administration
Statute of Non-Claims proceedings.
- Period fixed by Sec.2, Rule 86 for the
M. Types of Claim that must be filed with the
filing of the claims against the estate
probate court under the Notice
- Mandates certain creditors of a deceased
person to present their claims for 1. All money claims against the decedent
examination and allowance within a arising from contract, express or
specified period. implied, whether the same be due, not
o PURPOSE: to settle the estate due, or contingent;
with dispatch, so that the 2. All claims for funeral expenses and
residue may be delivered to the expenses for the last sickness of the
persons entitled thereto without decedent
their being afterwards called 3. Judgment for money against the
upon to respond in actions for decedent. The judgment must be
claims, which under the presented as a claim against the estate,
ordinary statute of limitations, where the judgment debtor dies before
have not yet prescribed. levy execution of his properties.
- Requires that the money claims be filed
with the clerk of court within the time Rule 86, Section 5 vs. Rule 6, Section 11
prescribed by the rules  Rule 86, Section 5 prevails in case of
conflict.
Period to file the Claim  The settlement of the estate of the
 Not less than 6 months nor more than 12 deceased is primarily governed by the
months from the day of the first rules on SpecPro.
publication of the notice  Rule 6, Section 11 will apply only
 Specific period discretionary upon the suppletorily.
court, as long as within the range
provided NOTE: The enumeration for the types of claim
 Such period becomes mandatory upon is EXCLUSIVE. Claims other than those
fixing of the probate court enumerated CANNOT be presented in the
testate or intestate proceedings.
RATIONALE: (of fixing the period) To insure a
speedy settlement of the affairs of the deceased “Money Claims”; Definition
30
- Claims for money, debt or interest a. FORECLOSE the mortgage

thereon upon a liability contracted by judicially and PROVE any
the decedent before his death deficiency as an ordinary claim.
i. Foreclosure suit should
GR: Claims contracted after his death cannot be
be against the executor
presented
or administrator as party
EXPN: Funeral expenses and expenses incurred defendant
on the last sickness of the decedent. ii. In the event a creditor
fails to fully recover his
GR: If the claims are not filed within the time claim, he may obtain
limit in the notice, they are barred FOREVER deficiency judgment
from presenting them. and file it as a claim
EXPN: These claims may be set forth as against the estate (in the
counterclaims in any action that the executor or manner provided by
administrator may bring against the claimants; law)
INCLUDING claims which are not yet due or 3. RELY ON THE MORTGAGE &
contingent. FORECLOSE
a. RELY solely upon the mortgage
N. Contingent Claim and FORECLOSE the same at
any time before it is barred by
- One by its nature is necessarily
prescription without right to
dependent upon an uncertain event for
claim for any deficiency.
its existence and claim, and its validity
i. Includes extrajudicial
and enforceability depending upon an
foreclosure of sale and
uncertain event.
its exercise precludes
E.g. Deficiency judgment one from recovery any
balance of indebtedness
Distinct and Alternative Remedies Available against the estate and
to a Mortgage Creditor Upon Mortgagor’s free the estate from
Death further liability.
1. WAIVE & CLAIM
a. WAIVE security mortgage and NOTE: Remedies available to the mortgage
CLAIM the entire debt from the creditor are NOT cumulative. They are deemed
estate as an ordinary claim. alternative.
i. By filing money claim
against the estate, he is O. Appeal
deemed to have - A judgment of the court approving or
abandoned the disapproving a claim is appealable
mortgage and thereafter (Section. 12, Rule 86)
he cannot file a
foreclosure suit if he UNION BANK v. SANTIÑO AND ARIOLA
fails to recover his The filing of a money claim against the
money claim against the decedent’s estate in the probate court is
estate; mandatory.
2. FORECLOSE & PROVE
31
RULE 87| Actions by and Rule 87, Section 6 – the administrator has the
right to the production and examination of
Against Executors and specified documents believed to be in the
Administrator possession of another person which tends to
show the decedent’s right to real or personal
A. Actions Against the Executor or property.
Administrator
RATIONALE: To elicit information or secure
1. Recovery of real or personal property or evidence from persons suspected of having
any interest therein from the estate; possession of, or knowledge or properties
2. Enforcement of a lien; suspected of belonging to the estate of the
3. Action to recover damages for any deceased.
injury to person or property, real or
 Procedure is inquisitorial in nature,
personal.
designed as an economical and efficient
NOTE: The aforementioned instances are mode of discovering properties of the
deemed actions that survive the death of the estate.
decedent.
NOTE: A judicial declaration of heirship is NOT
E.g. Action for quieting of title with damages; necessary in order for an heir to assert his right
recovery of a personal property – both of which on the estate of the deceased. Art. 777 of the
is not extinguished by the death of a party. Civil Code states that succession is transmitted
from the moment of the death of the decedent.
Actions that may NOT be brought the
Executor or Administrator Donee Inter Vivos
 Claim for recovery of money or debt or Donee inter vivos may sue the administrator for
interest the delivery of the property donated.
o Must be brought against the
TEADORA RIOFERIO v. CA
estate itself.
All told, therefore, the rule that the heirs have no
Standing of Heirs legal standing to sue for the recovery of property
GR: Heirs have no standing in court to sue for of the estate during the pendency of
the recovery of property of the estate represented administration proceedings has three exceptions,
by an executor or administrator. the third being when there is no appointed
administrator.
EXPN:
1. If the executor or administrator is
unwilling to bring suit
2. When the executor or administrator is
made a party defendant where he is
alleged to have participated in the act
complained of.
3. When there is no appointed
administrator (Teodora v. CA, GR
129008)
Right of the Administrator to the Production

and Examination of Specified Documents
32
RULE 88 | Payment of the Is the heir or distributee liable for outstanding

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

properties of the estate
 ONLY the executor or administrator of

the estate whom the court may authorize
to dispose of the properties of the estate
so that the proceeds of the sale or
mortgage may be applied to its
obligations.
33
RULE 89 | Sales, Mortgages,

and Other Encumbrances of
Property Decedent
A. Mandatory Requirement to Effect
Authority of the Sale or Encumbrance of
Real Property
YES. Failure to give notice to the heirs,

devisees, or legatees would invalidate the
authority granted by the court.
PAHAMOTANG v. PNB AND THE HEIRS

OF ARGUNA
Settled is the rule in this jurisdiction that when
an order authorizing the sale or encumbrance of
real property was issued by the testate or
intestate court without previous notice to the
heirs, devisees and legatees as required by the
Rules, it is not only the contract itself which is
null and void but also the order of the court
authorizing the same.
34

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

C. Doctrine of Estoppel in Probate Proceedings 13

Rule if some co-executors are disqualified. .18

Articles which need not be inventoried:.......25

Actions that may NOT be brought the Executor or Administrator 31

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

 MTC: <PHP 300,000

COMPARATIVE TABLE ON the adoptee resides

data or judge assigned to the testate proceeding

85 Phil. 268 33 SCRA 252

province where the decedent resides at the RULE 74| Summary

for partition may be resorted to. RULE 75| Production of Will;

Sec.1, Rule 75 – No will shall pass either real

 Allowance of a will – NECESSARY.

Due execution covers the following:

409 SCRA 105

3. Consent is NOT VITIATED by any Clerk of Court.

administration, settlement, and executor named In the will.

pass upon questions of ownership when its RULE 76 | Allowance or

Petition for the allowance of the Will must

May a will executed by foreigners abroad be

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

Who are incompetent to serve as executors or It is an authority issued to an executor named in

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

RATIONALE on order of preference: Those

Principal consideration in the appointment of

Is the rule on order of preference absolute?

Other instances when the court may set aside

Scope or limit of administration

RULE 79 | Opposing Issuance Sec. 1, Rule 76 allows a “person

G. Contents of a petition for letters of

H. Who may file an OPPOSITION to the

ANY person interested in the will may state in

Grounds for opposition of a Petition for

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

RULE 81| Bonds of Executors object and purpose is to safeguard the

It is intended as an indemnity to the creditors,

OCAMPO v. OCAMPO (2010)

RULE 82| Revocation of

Effect of discovery of a will to the Letters of

Consequence if a will is later discovered Purpose of administration

Examples of valid grounds for removal of an

1. An administrator who disbursed funds if RULE 83| Inventory and

NOTE: 3-month period is not mandatory. The

Articles which need not be inventoried:

Property claimed by a 3rd person

discretion of the court, such allowance RULE 84| GENEREAL

Is the right of an executor and administrator

In the exercise of the powers of

- Expenses for the renovation and

2. Rendered in litigation involving such

- Claims for money, debt or interest a. FORECLOSE the mortgage

Right of the Administrator to the Production

RULE 88 | Payment of the Is the heir or distributee liable for outstanding

P. Persons authorized to dispose of the

 ONLY the executor or administrator of

RULE 89 | Sales, Mortgages,

YES. Failure to give notice to the heirs,

PAHAMOTANG v. PNB AND THE HEIRS

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