NOTES ON

SPECIAL PROCEEDINGS
De Leon, 2020 Edition
 RULE 77

Allowance of Will Proved Outside of

Philippines and Administration of Estate
Thereunder
 RULE 78

Letters Testamentary and of Administration,

When and Whom Issued
(c) in the opinion of the court is unfit to execute the duties of the trust by
reason of drunkenness, improvidence, or want of understanding or integrity, or
by reason of conviction of an offense involving moral turpitude (vs. the court
deems such person as fit)
- fitness or unsuitability of a person's appointment is within the sound judgment of the
court

drukenness - that degree which would impair a person's judgment and reason that
would affect the person's integrity and honesty

improvidence (improvident person) - lack the good judgment (inability to know the
nature and functions as e/a) and foresight necessary for the fulfillment of the e/a's
responsibilities to manage and preserve the estate

crimes involving moral turpitude - refers to an act which is contrary to the accepted
and customary rule of right, or conduct contrary to justice, modesty or good morals

Not every criminal act involves moral turpitude. as to what crime involves moral
turpitude is for the Supreme Court to determine.
 RULE 81

Bond of Executors and Administrators