BICOL UNIVERSITY - COLLEGE OF LAW

RULES 73-74
Special Proceedings
CHIARA MARIE RUFFASTELLA S. BERTILLO
Special Proceedings
relative to the estate

TESTATE INTESTATE
Decedent has left a will Decedent has not left a will
The settlement of
estate is
IN REM in nature
Section 1
RULE 73
Where estate of the deceased is settled

If the decedents is an inhabitant of the Philippines at the time of his

death, whether a citizen or an alien, his will shall be proved, or letters
of administration granted, and his estate settled, in the Court of First
Instance in the province in which he resides at the time of his death.

If the is an inhabitant of a foreign country, the Court of First Instance

of any province in which he had estate
The court first taking cognizance of the settlement of the estate of a
decedent, shall exercise jurisdiction to the exclusion of all other
courts.
The jurisdiction assumed by a court, so far as it 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 that
court, in the original case, or when the want of jurisdiction appears on
the record.
 “RESIDES”
PERSONAL | ACTUAL | PHYSICAL
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11576
REPUBLIC ACT
RTC
In all matters of probate, both estate and intestate, where the
gross value of the estate exceeds Two million pesos
(P2,000,000.00) Limited to the settlement and adjudication of
properties 02
of the deceased and cannot extend to collateral
matters.

MTC, METC, MCTC

Exclusive original jurisdiction over civil actions and probate
proceedings, testate and intestate, including the grant of
provisional remedies in proper cases, where the value of the
personal property, estate, or amount of the demand does not
exceed Two million pesos (P2,000,000.00),
 SAMPLE PROBLEM
QUESTION
Alma, a resident of Daraga, died
leaving an estate located in
Manila worth 1.5 Million. In
what court, taking into
consideration the nature of
jurisdiction and venue, should
probate proceeding on the
estate of A be instituted?
Job Search Strategy
ANSWER
The Municipal Trial Court of
Daraga has jurisdiction of the
probate proceeding on the
estate of Almna taking into
account the amount of the
estate involved valued at Php.
1.5 Million [Sec. 33 B.P B;g.
129 as amended by RA
11576
Page 05 of 07
WHERE PROCEEDINGS WERE INSTITUTED IN TWO COURTS
AND QUESTION OF VENUE IS SEASONABLY RAISED
COURTHOUSE COURTHOUSE

The court in which the proceeding was first filed has exclusive jurisdiciton to
resolve the issue [De Borja vs. Tan]
Extent of Jurisdiction
J

The main function of a probate court is to settle and liquidate

the estates of deceased person either summarily or through the
process of administration.

The RTC acting as a probate court exercises but limited

jurisdiction, thus it has no power to take cognizance of and
determine the issue of title to property claimed by a third person
adversely to the decedent unless the claimant and all other
parties have legal interest in the property consent, expressly or
impliedly, to the submission of the question to the probate court.

In that case, if the probate court allows the introduction of

evidence on ownership it is for the sole purpose of determining
whether the subject properties should be included in the
inventory, which is within the probate cout's competence. The
determination is only provisional subject to a proper action at
the RTC in a separate action to resolve the title.
Extent of Jurisdiction
J

The jurisdiction of the probate court merely

relates to matters having to do with the
settlement of the estate and the probate of
wills, the appointment and removal of
administrators, executors, guardians and
trustees. The question of ownership is, as a
rule, an extraneous matter which the probate
court cannot resolve with finality (Intestate
Estate of Ismael Reves, Heirs of Reyes vs. Reyes,
GR 139587, Nov. 2, 2000).
QUIAZON V. BELEN
GR. No. 189121, July 31, 2013
CONCEPCION, J.
Section 2
RULE 73
The debts If both spouses
have died, the
When the marriage
thereof paid,
conjugal
is dissolved by the Inventoried in the testate
partnership shall
death of the Administered, or intestate be liquidated in
husband or wife and Liquidated proceedings the testate or
the community of the intestate
property shall be: deceased proceedings of
spouse either.
Section 3
RULE 73
PROCESSES
In the the exercise of probate jurisdiction, Courts of First
Instance may issue warrants and process necessary to
compel the attendance of witnesses.

To carry into effect theirs orders and judgments, and all

other powers granted them by law.

If a person does not perform an order or judgment

rendered by a court in the exercise of its probate
jurisdiction, it may issue a warrant for the apprehension
and imprisonment of such person until he performs such
order or judgment, or is released.
Powers and duties of the
probate court
In probate proceedings
Orders the Probate of the will of the decedent
Grant Letter of Administrators
Supervises and Controlls all acts of administration
Hears and approved claims against the estate
Orders payment of lawful debts
Authorize sale, mortgage and any encumbrance
Directs the delivery of estate to the entitled person
Issue warrants and processes necessary to compel
attendance of witnesses to carrry into effect orders.
Issue warrant for apprehension and imprisonement if
a person defies the probate order.
 N A PR OB AT E ISS UE
CA C U T IO N
W RIT S OF EX E
r a l r u ll e , a p r o b a t e
No. A s a g e n e
w r it s o f e x e cu tio n
court ca n n o t i ss u e
e rs u s u a lly r e fe r t o
becaus e i ts o r d
o f c la im s a g a in s t
the adj u d ic a t io n
h th e e x e c u t o r o r
the est a te w h ic
s a ti sfy w ith o u t th e
administ ra t o r m a y
e cu to r p r o c e s se s .
n ee d o f e x
 exceptions
To satisfy the contrib
devisees, legatees utive shares of the
and heirs on posses
the decedent's asse sion of
ts as laid down in Ru
le 88,
Section 6;

To enforce paymen
t of the expenses
of partition under Ru
le 90, Section 3;

To satisfy the cost w

hen a pers~n is cite
examination in pro d for
bate proceedings u
Rule 142, Section 13 nder
.
ADVINCULA VS. TEODORO
GR. No. L-9282, May 31, 1956
CONCEPCION, J.
Section 4
RULE 73
PRESUMPTIVE DEATH
For purposes of But if such person The balance may be
settlement of his estate, a proves to be alive, he recovered by motion
person shall be presumed shall be entitled to the in the same
dead if absent and balance of his estate
unheard from for the
proceeding.
after payment of all his
periods fixed in the Civil debts.
Code
 ARTICLE 390 NCC

After an absence of seven years, it being unknown

whether or not the absentee still lives, he shall be
presumed dead for all purposes, except for those of
succession.

The absentee shall not be presumed dead for the

purpose of opening his succession till after an
absence of ten years. If he disappeared after the age
of seventy-five years, an absence of five years shall
be sufficient in order that his succession may be
opened.
 ARTICLE 391, NCC

1 2 3
A person on board a
A person in the A person who has
vessel lost during a
armed forces been in danger of
sea voyage, or an
who has taken death under other
aeroplane which is
missing, who has not part in war, and circumstances and
been heard of for his existence has
has been missing
four years since the not been known
for four years;
loss of the vessel or for four years
aeroplane;
) ) ) ) ) ) ) ) )
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ARTICLE 392

If the absentee appears, or without appearing his

existence is proved , he shall recover his property
in the condition in which· it may be found, and the
price of any property that may have been
alienated or the property acquired therewith; but
he cannot claim either fruits or rent."
Section 1
RULE 74
If th e de ce de nt le ft no w ill an d no de bt s and the
ic ia l se tt le m en t by ag re em en t be tw ee n heirs. — e
Extrajud l re pr es en ta tiv es du ly au th or iz ed fo r th
e, or th e m in or s ar e re pr es en te d by th eir ju dicial or lega
heirs are all of ag di vi de th e es ta te am on g th em se lv es as th ey
pa rt ies m ay w ith ou t se cu rin g le tte rs of ad ministration,
purpose, the e re gi st er of de ed s, an d sh ou ld th ey di sa gr ee, they
m ea ns of a pu bl ic in st ru m en t fil ed in th e office of th e
see fit by ly one heir, he m ay ad ju di ca te to him se lf th e en tir
di na ry ac tio n of pa rt ition . If th er e is on
may do so in an or er of de ed s. Th e pa rt ies to an ex tr aj ud ici al
ns of an af fid av it fil led in th e of fic e of the regist
estate by mea pe nd in g ac tio n fo r pa rt iti on , or th e so le he ir who
w he th er by pu bl ic in st ru m en t or by st ip ul ation in a
settlement, av it sh al l fil e, sim ul ta ne ou sly w ith an d as a condition
cate s th e en tir e esta te to hi m se lf by m ea ns of an affid th e
adjudi ac tio n fo r pa rt ition , or of th e af fid av it in
e fil in g of th e pu bl ic in st ru m en t, or st ip ul ation in the
precedent to th ed s, in an am ou nt eq ui va le nt to th e va lu e of the
e re gi st er of de ed s, a bo nd w ith th e sa id re gister of de
office of th pa rt ies co nc er ne d an d co nd iti on ed up on th e payment
al pr op er ty in vo lv ed as ce rt ified to un de r oath by the de bt s
person le. It shall be pr es um ed th at th e de ce de nt le ft no
th at m ay be fil ed un de r se ct io n 4 of th is ru
of any just claim o (2 ) ye ar s af ter th e de at h of th e de ce de nt .
r fil es a pe titio n fo r le tte rs of ad m in ist ra tio n within tw
if no credito
ish ed in a ne w sp ap er of ge ne ra l cir cu la tio n
tr aj ud ici al se ttl em en t or ad m in ist ra tio n sh all be publ
The fact of the ex aj ud ici al se ttl em en t sh al l be bi nd in g up on any
r pr ov id ed in th e ne st su cc ee di ng se ct io n; but no extr
in the manne eo f.
rt ici pa te d th er ein or ha d no no tic e th er
person who has not pa
 GENERAL RULE
When a person dies leaving a property, the
same should be judicially administered and
the court should appoint a qualified
administrator, in order establised in Section 6,
Rule 78, in case the deceased left no will, or
in case he had left one, should he fail to name
an executor there in.
) ) ) ) ) ) ) ) )
) ) ) ) ) ) ) ) )
EXTRAJUDICIAL SETTLEMENT BY HEIRS

SCENARIO 1 SCENARIO 2

Decedent left Decedent left

several heirs only one heir
 SEVERAL HEIRS
If the decedent left no will and no debts
and the heirs are of legal age, the party
without securing letters of administration
may divide the estate among themselves
by means of public instrument or by
stipulation for partition and shall file it at
the registry of together with a bond
equivalent to the value of the property
involved as certified to under oath by the
parties concerned.
REQUISITE OF VALID EXTRAJUDICIAL
SETTLEMENT
Decedent died intestate
The estate has no outstanding
debts ar the time of settlement
The heirs are all of age, or the
minors are represented by their
judicial or legal representatives
•Settlement is made in public
instrument, stipulation or affidavit
duly filed in the registry of deeds with
a bond equivalent to the amount of
property
The fact must be published in
news paper of general
circulation once a week for
three consecutive weeks
JUDICIAL
ADMINISTRATION OF
THE ESTATE
If the heirs cannot agree in the
extrajudicisal partition and
apportionment of the estate, the heirs
can institute a special proceeding for the
administration of the estate.
Must have a good reason to warrant such,
but no included.
Dispute among heirs
Multiplicity of suits
To have legal capacity to appear
 Only one heir
se lf th e en tor e e sta te by
He may adjudicate to him
a ffida v it (A ffid av it o f S elf A djud ica tion )
mea n s of an
o f th e Re gis tr y of De ed s.
filed in the office
 FILING OF A
BOND
Bond shall be filed in an amount
equivalent to the value of the
personal property involved as
certified to under oath by the
parties concerned and
conditioned upon the payment of
any just claim that may be filed
under section 4 of this rule
 Section 2
) ) ) ) ) ) ) ) )
RULE 74
) ) ) ) ) ) ) ) )

SUMMARY SETTLEMENT OF ESTATE OF

SMALL VALUE
Whenever the gross value of the estate of a deceased person,
whether he died testate or intestate, does not exceed ten thousand
pesos, and that fact is made to appear to the Court of First Instance
having jurisdiction of the estate by the petition of an interested
person and upon hearing, which shall be held not less than one (1)
month nor more than three (3) months from the date of the last
publication of a notice which shall be published once a week for three
(3) consecutive weeks in a newspaper
REQUISITE OF VALID SUMMARY OF ESTATE
OF SMALL VLAUE
Publication once a week for
Value of the estate does not
3 consecutice week in
exceed Php. 10,000
NOGC.

The decdent died wither testate Hearing for not less thann 1
or esrate month.nor more than 3
months

The RTC has jurisidiciton over the

person in interest Notice to the interested
persons

The court may proceed summarily, without the

appointment of an executor or administrator,

EXTRAJUDICIAL
SETTLEMENT
Requires Court Intervention
Value of estate is immaterial
Allowed only in intestate
succession
Proper when there are no
outstanding debts of the estate at
the time of settlement
Instituted by agreement of all
heirs
SUMMARY
SETTLEMENT OF SMALL
VALUE
Require Court Intervention by
summry proceedings
Applicable when the gros value of
the estate is Php. 10,000
Allowed in both testate and
intestate estates
Available even if there are debts
Instituted by an interested party and
even creditor of the estate without
consent of the heis.
 Section 3
RULE 74
Bond to be filed by distributees. — The
court, before allowing a partition in
accordance with the provisions of the
preceding section, may require the
distributees, if property other than real
is to be distributed, to file a bond in an
amount to be fixed by court,
conditioned for the payment of any
just claim which may be filed under the
next succeeding section.
 Section 4
RULE 74
Liability of distributees and estate. — If it shall appear at any time within two (2) years after
the settlement and distribution of an estate in accordance with the provisions of either of the
first two sections of this rule, that an heir or other person has been unduly deprived of his
lawful participation in the estate, such heir or such other person may compel the settlement
of the estate in the courts in the manner hereinafter provided for the purpose of satisfying
such lawful participation. And if within the same time of two (2) years, it shall appear that
there are debts outstanding against the estate which have not been paid, or that an heir or
other person has been unduly deprived of his lawful participation payable in money, the court
having jurisdiction of the estate may, by order for that purpose, after hearing, settle the
amount of such debts or lawful participation and order how much and in what manner each
distributee shall contribute in the payment thereof, and may issue execution, if circumstances
require, against the bond provided in the preceding section or against the real estate
belonging to the deceased, or both. Such bond and such real estate shall remain charged
with a liability to creditors, heirs, or other persons for the full period of two (2) years after
such distribution, notwithstanding any transfers of real estate that may have been
) ) ) ) ) ) ) ) )
) ) ) ) ) ) ) ) )

Chapter 1

PRESUMPTION OF DEATH OF THE

DECEDENT LEFT NO DEBTS
It shall be presumed that the decent left no debts if no
creditor files a petition for letters of administration within
two (2) years after the death of the decedent
 Section 5
RULE 74
Period for claim of minor or
incapacitated person. — If on the date
of the expiration of the period of two
(2) years prescribed in the preceding
section the person authorized to file a
claim is a minor or mentally
incapacitated, or is in prison or outside
the Philippines, he may present his
claim within one (1) year after such
disability is removed.
 SAMPLE PROBLEM ANSWER
As a counsel for the heir of A,
I would suggest that the
Assuming that A estate be settled in a least
died without debts, expensive manner by an
extrajudicial settlement of
as a counsel for A estate by agreement among
heirs executed by means of
heirs, what step public instrument to be file to
would you suggest the registry of deeds together
with a bond in an amount
to settle A's estate equivalent to the value of the
property involved as certified
in least expensive under oath and conditioned
upon payment of any just
manner. claim that may be filed within
two years by an heir or other
person unduly deprived of
participation in the estate.

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 SAMPLE PROBLEM
QUESTION ANSWER
A's lone heir may
Assuming that A adjudicate to himself the
left only one heir entire estate by executing
and no debts, as an affidavit of self
counsel for A's adjudication to be filed
with the office of the
lone heir what registry of deed upon
step would you submission of other
suggest? documents.

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 SAMPLE PROBLEM
QUESTION ANSWER
Assuming that the value of A's
To obtain speedy
settlement of his estate
estate does not exceed
the remedy available is
P10,000.00 what remedy is to proceed with the
available to obtain speedy summary settlement of
settlement of his estate estate of small value
under adhering to the
provision of Section 2,
Rule 74 of the rules of
court

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 SAMPLE PROBLEM ANSWER
QUESTION
Nico claim to be an illegitimate child of the
deceased Charis, instituted an intestate proceeding to
settle the estate of the latter. He also prayed that he
be appointed administrator of the said estate. Caloy
the surviving spouse opposed to the petition and
Nico's application to be appointed as administrator of
the said estate. Subsequently Caloy claiming to be the
sole heir of Charis executed an affidavit of
adjudication, adjudicating unto himself the entire
estate of the deceased wife. Afterwards Caloy sold
the entire estate to Tricia. Is this valid?
Job Search Strategy
No, it is not valid.
The action of Caloy in adjudicating the
entire estate his late wife to himself
is not legal because under the Rules
of Court, an affidavit of self
adjudication is allowed only if the
affiant is the sole heir of the
deceased. In this case, it appears
that there is someone who also
claims to be an heir that there is a
pending judicial proceeding for the
settlement of the estate would
suggest that there is a doubt to
whether he is the sole heir.
Page 05 of 07
UTOLO VS. PASCION VDA DE GARCIA
G.R. No. 45904, September 30, 1938
IMPERIAL, J.
THANK YOU!