SPECIAL PROCEEDINGS | Judge Cinco

EH 403 (2019 – 2020)

SPECIAL PROCEEDING – REPROBATE (c) Authentication of requisites of (a) and (b)

RULE 77 above
(3) Notice of time and place of hearing
Reprobate is a special proceeding to establish the validity (4) Hearing
and allowance of a will proved in a foreign country. (5) Certificate of Allowance

Rule. A will allowed or probated in a foreign country, must

be RE-PROBATED in the Philippines. MATTERS TO BE PROVEN
• If the decedent owns properties in different (1) Foreign court must have jurisdiction over the
countries, separate administration proceedings proceeding
must be had in said countries. (2) Domicile of the testator in the foreign country
and not in the Philippines
(3) The will has been admitted to probate in such
2 TYPES OF ESTATE PROCEEDINGS country
(1) Domiciliary (Principal) Administration – the (4) It was made with the formalities prescribed by
proceeding instituted in the last residence of the law of the place in which the decedent resides,
decedent OR according to the formalities observed in his
(2) Ancillary Administration – the administration of country, OR in conformity with the formalities
proceedings where he left his estate prescribed by our Civil Code
(5) Due execution of the will in accordance with
foreign laws
PRINCIPAL ADMINSITRATION vs
ANCILLARY ADMINSITRATION
It is often necessary to have more than one administration of EFFECTS
an estate. When a person dies intestate owning property (1) The will shall have the same effect as if originally
in the country of his domicile as well as in a foreign proved and allowed in court of the Philippines
country, administration is had in both countries. (2) Letters testamentary or administration with a will
annexed shall extend to all estates of the
PRINCIPAL ANCILLARY Philippines
ADMINISTRATION ADMINISTRATION (3) Residue of estate after payment of debts, etc. shall
Granted in the jurisdiction Proper whenever a person be disposed of as provided by law in cases of
of decedent’s last domicile dies, leaving in a country estates in Philippines belonging to persons who
other than that of his last are inhabitants of another state or country
Also known as domiciliary domicile, property to be
administration administered in the nature of The rule provides that wills proved and allowed in a foreign
assets of the deceased liable country, according to the laws of such country, may be
for his individual debts or to allowed, filed, and recorded by the proper court in the
be distributed among his Philippines.
heirs
Reason: grant of The general rule universally recognized is the
administration does not ex administration extends only to the assets of a decedent
proprio vigore have any found within the state or country where it was granted,
effect beyond the limits of so that an administrator appointed in one state or country
the country in which it is has no power over property in another state or country.
granted. Hence, an (Leon vs Manufacturers Life Insurance Co. 90 Phil 459)
administrator appointed
in a foreign state has no
authority in the
Philippines.

Note: No one could dispute the power of an ancillary

administrator to gain control and possession of all assets of
the decedent within the jurisdiction of the Philippines. Such
power is inherent in his duty to settle decedent’s estate and
satisfy the claims of local creditors. (Tayag vs Benguet
Consolidated Inc 26 SCRA 242)

REQUISITES OF ANCILLARY ADMINISTRATION

(1) There must be a will
(2) Filing of:
(a) Copy of the will executed in a foreign
country
(b) Order or Decree of foreign court allowing
such will; and
Sources: Bernardo, Oscar B. (2006) Special Proceedings Annotated, San Beda MemAid 2011 Page 1 of 2 | CBPTorres
 SPECIAL PROCEEDINGS | Judge Cinco
EH 403 (2019 – 2020)

LETTERS OF TESTAMENTARY AND OF

ADMINISTRATION, WHEN AND TO WHOM
ISSUED – RULE 78
RULE 77
Persons who may administer the estate of a deceased
person:
(1) Executor – appointed or named by the testator in
his will
(2) Administrator – appointed by the probate court
where there is no will
(3) Administrator with the will annexed – appointed
by the court where there is a will but testator did
not appoint or name an executor, or said
appointed or named executor failed to qualify

Persons Disqualified to Serve as Executor or

Administrator
(1) Minor
(2) Non-Resident of the Philippines
(3) Person is unfit to execute the duties of the trust by
reason of:
(a) Drunkenness
(b) Improvidence – lack of care or foresight in
the management and care of the estate
(c) Want of understanding – lack of intelligence
(d) Want of Integrity – lack of soundness of
moral pinrciples and character
(e) Moral Turpitude – everything which is done
contrary to justice, modesty, or good morals.
It is an act of baseness, vileness, or depravity
in the private and social duties which a man
owes his fellowmen or to society in general,
contrary to the accepted and customary rule
of right and duty between man and man, or
conduct contrary to justice, honesty, modesty
or good morals.

Qualifications
(1) Must be competent
(2) Accept the trust
(3) Give bond (Section 4, Rule 78)

Sources: Bernardo, Oscar B. (2006) Special Proceedings Annotated, San Beda MemAid 2011 Page 2 of 2 | CBPTorres