LSG Barops Special Proceedings Reviewer

7/29/2019 LSG Barops Special Proceedings Reviewer

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SPECIAL PROCEEDINGS

PART I. PRELIMINARY MATTERS

Rule 72

Section 1. Subject of matter of special proceedingsRules of special proceedings are provided for in the following cases:

(a) Settlement of estate of deceased persons(b) Escheat(c) Guardianship and custody of children(d) rustees(e) !doption(f) Recession and revocation of adoption(g) "ospitali#ation of insane persons(h) Habeas corpus

(i) $hange of name(%) &oluntary dissolution of corporations(') udicial approval of voluntary recognition of minor natural

children(l) $onstitution of family home(m)eclaration of absence and death(n) $ancellation or correction of entries in the civil registry

*otes:

Difference between an actin an! a "#ecial #rcee!in$%Natcher v CA)

Rule 1+ Section ,. (a) ! civilaction is one by which a partysues another for the

enforcement or protection of aright+ or the prevention orredress of a wrong.

Rule 1+ Section ,. (c) ! specialproceeding is a remedy bywhich a party see's to establish

a status+ a right+ or a particularfact.

- Special proceedings are not limited to the cases enumerated inSection 1 of this Rule it also includes cases which see' to establish thestatus or right of a party or a particular fact.

/0autista: here is a significant common feature in all these specialproceedings. t is apparent that the State has an overriding interest in

each special proceeding and that the matter is not a controversybetween private parties purely.

PART II & '(RISDICTION AND )EN(E* SETTLEMENT O+ ESTATE

R(LE 7,. )EN(E AND PROCESSES

Sec. 1. Where estate of deceased person settled.

f the decedent is an inhabitant of the 2hilippines at the time of his death+whether a citi#en or an alien+ his will shall be proved+ or letters ofadministration granted+ and his estate settled+ in the $ourt of 3irstnstance in the province in which he resides at the time of his death+ andif he is an inhabitant of a foreign country+ the $ourt of 3irst nstance ofany province in which he had estate.

he court first ta'ing cogni#ance of the settlement of the estate of adecedent+ shall e4ercise %urisdiction to the e4clusion of all other courts.

he %urisdiction assumed by a court+ so far as it depends on the place ofresidence of the decedent+ or of the location of his estate+ shall not becontested in a suit or proceeding+ e4cept in an appeal from that court+ inthe original case+ or when the want of %urisdiction appears on the record.

Nte" an! Ca"e"-

efinition

his proceeding is intended to settle the entire estate

)!a !e Ree" /". CA %01.t would be absurdfor the heirs to intentionally e4clude or leave a parcelof land or a portion thereof undistributed or undividedbecause the proceeding is precisely designed to end

the community of interests in properties held byparties pro indiviso without designation orsegregation of shares.

Special 2roceedings for Settlement of Estate of deceased 5ay be testate+ where deceased left a will+ or intestate

when there is no will 2robate of a will is mandatory and ta'es precedence

over intestate proceedings

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f in the course of intestate proceedings+ it is found thedecedent left a will+ proceedings for the probate of thelatter should replace the intestate proceedings+regardless if an administrator has already beenprobated+ but without pre%udice that proceeding shallcontinue as an intestacy

$onversion from intestate to testate proceeding Ren" /. Santia$ %03 P4il. 250. *ote that mere

discovery of a document purporting to be a will of thedecedent after appointment of an administrator andassumption that decedent died intestate does not ipsofacto nullify the letters already issued or even authori#etheir revocation until will has been proved and allowed.

Curt wit4 'uri"!ictin Rule 6,+ Section 1+ Rules of $ourt which substantially contains

the foregoing rules still remain unamended after the passage of0atas 2ambansa 0ilang 178 902 178. Section 1 still spea's of

;$ourt of 3irst nstance+; instead of ;Regional rial $ourt; and;province; which in other parts of the Rules had been changedto ;place.; 0ut under 02 178+ the %urisdiction over settlementproceedings is not limited to Regional rial $ourts but include5etropolitan rial $ourts+ 5unicipal rial $ourts+ and 5unicipal$ircuit rial $ourts+ where the value of the estate does note4ceed 2,


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same should or should not be included in the inventory butsuch determination is not conclusive and is sub%ect to finaldecision in a separate action regarding ownership. $ourt cannotad%udicate or determine title to properties claimed to be part ofthe estate and which are eDually claimed by outside partiescannot e4pand to collateral matters not arising out of or in anyway related to the settlement of the properties of the deceased

Fuestion of ownership is as a rule+ an e4traneous matter whichthe probate court cannot resolve with finality

'i9ene: /". IAC. Res %udicata does not e4ist between anaction for the recovery of possession and ownership and thesettlement of estate because there is a difference in cause ofaction. he action for settlement of estate was lodge with theR$ acting as a probate court while the action for recovery ofpossession and ownership was lodge with the R$ acting in itsgeneral %urisdiction. he determination of the probate court oftitle of the property is merely provisional.

$ollation v. rder of E4clusion or nclusion in nventory De Len /. CA %82

$ollation before an order of distribution is merely anorder to include the properties in the inventory and ismerely interlocutory

Ahether collation e4ists or not are issues to bedetermined later when an order for distribution of theestate is to be made after determination of the netremainder of the estate made

*o e4ecution may issue where there is an adverseclaimant

E;ce#tin" t Prbate Curt1? SCRA >08. f both spouses die+ thecon%ugal partnership shall be liDuidated in the testate intestateproceedings of either. t is not necessary to file a separateproceeding in court for the proper disposition of the estate ofthe deceased wife where there is already a pending proceedingsin settlement of the estate of the deceased husband

Sec. ,. 2rocess.

n the e4ercise of probate %urisdiction+ $ourt of 3irst nstance may issuewarrants and processes necessary to compel the attendance ofwitnesses or to carry into effect their orders and %udgments+ and allother powers granted them by law.

f a person does not perform an order of %udgment rendered by a courtin the e4ercise of its probate %urisdiction+ it may issue a warrant for theapprehension and imprisonment of such person until he performs suchorder or %udgment+ or is released.

Sec. =. 2resumption of death.

3or purposes of settlement of his estate+ a person shall be presumed

dead if absent and unheard from for the periods fi4ed in the $ivil $ode.0ut if such person proves to be alive+ he shall be entitled to the balanceof his estate after payment of all his debts. he balance may berecovered by motion in the same proceeding.

*o independent action for declaration of presumption of death disputable presumption established by the rules of evidence

that a person not heard from in 6 years is dead+ may ariseand be invo'ed either in an action or in a specialproceeding+ which is tried and heard by+ and submitted fordecision to a competent court.

ndependently of such action or special proceeding+ thepresumption of death cannot be invo'ed nor can it be madethe sub%ect of an action or special proceeding (#n !e NicolaiS$atro%)

PART III & SETTLEMENT O+ T@E ESTATE

TO better un!er"tan! t4e rule"6 re9e9ber t4atT4ere are , in!" f "ettle9ent-

>. E;traBu!icial "ettle9ent f e"tate"%Rule 7?.>

2. Su99ar "ettle9ent f e"tate" f



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"9all /alue %Rule 7?.2,. 'u!icial "ettle9ent t4ru$4 letter"te"ta9entar r letter" f a!9ini"tratin wit4 r wit4utt4e will anne;e! %rule" 7301

a. Allwance r !i"allwance fwill" %te"ta9entar "ucce""inb. I""uance f letter" f

a!9ini"tratin r letter" te"ta9entari. O##"in$ i""uance f

letter" te"ta9entarii. =n!" f

e;ecutr"a!9ini"tratr"iii. General #wer" an!

!utie"i/. Accuntabilit/. Re/catin f

a!9ini"tratinc. Deter9inatin f t4e#r#ertie" inclu!e! in t4e e"tate

i. Clai9" a$ain"t t4ee"tate

ii. Actin b an! a$ain"tt4e e;ecutra!9ini"tratr

iii. Pa9ent f !ebt"i/. Sale"6 9rt$a$e"6

an! t4er encu9berance" f t4e #r#ert ft4e !ece!ent

After t4e c4ar$e" reuire! b law t be #ai! 4a" been "ati"fie!b t4e e"tate6 #artitin f t4e re"i!ual e"tate will be 9a!e.

A. E;traBu!icial an! Su99ar Settle9ent f E"tate"Rule 7? & Su99ar Settle9ent f E"tate"

Sec. 1. E4tra%udicial settlement by agreement between heirs.

f the decedent left no will and no debts and the heirs are all of age+ orthe minors are represented by their %udicial or legal representativesduly authori#ed for the purpose+ the parties may+ without securingletters of administration+ divide the estate among themselves as theysee fit by means of a public instrument filed in the office of the registerof deeds+ and should they disagree+ they may do so in an ordinaryaction of partition. f there is only one heir+ he may ad%udicate tohimself the entire estate by means of an affidavit filed in the office of

the register of deeds. he parties to an e4tra%udicial settlement+whether by public instrument or by stipulation in a pending action forpartition+ or the sole heir who ad%udicates the entire estate to himselfby means of an affidavit shall file+ simultaneously with and as acondition precedent to the filing of the public instrument+ or stipulationin the action for partition+ or of the affidavit in the office of the registerof deeds+ a bond with the said register of deeds+ in an amount

eDuivalent to the value of the personal property involved as certified tounder oath by the parties concerned and conditioned upon the paymentof any %ust claim that may be filed under Section = of this rule. t shallbe presumed that the decedent left no debts if no creditor files apetition for letters of administration within two (7) years after the deathof the decedent.

he fact of the e4tra%udicial settlement or administration shall bepublished in a newspaper of general circulation in the manner providedin the ne4t succeeding section but no e4tra%udicial settlement shall bebinding upon any person who has not participated therein or had nonotice thereof.

Nte" an! ca"e"- H1+ Rule 6= is an e4emption to the rule that when a person dies

leaving property+ it should be %udicially administered and thecompetent court should appoint a Dualified administrator.

he different modes of transmission of the property of thedecedent may be through testamentary+ legal or intestate+ ormi4ed succession. his is to be differentiated from the differentmodes for the settlement of the estate of the deceased

E4tra%udicial settlement of estate (Rule 6=.1) 2artition (Rule I8+ also mentioned in rule 6=.1) Summary settlement of estates of small value (6=.7) 2robate of wills (rules 6J-68)

2etition for letters of administration in cases ofintestacy (rule 68)

udicial administration is not favored. Ahen the heirs are all oflawful age and there are no debts+ there is no reason to burdenthe estate wit the costs and e4penses of an administrator.

Recourse to an administration proceedings even if the estatehas no debts is sanction only if the heirs have good reason fornot resorting to an action for partition. #f partition is possible&no need to burden the estate %ith the costs of an administrator

Ahat constitutes a Bgood reasonC depends on thecircumstances of the case.



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ispute among the heirs is not a good reason. 5ultiplicity of suits is not a good reason. o have legal capacity to appear is not a good reason

@ernan!e: /". An!al.ral partition is valid and binding.here is no reDuirement for the validity of a partition amongthe heirs to be in writing. he reDuirement that partitionshould be reduced in a public document and registered is for

the protection of the creditors and the protection of the heirsagainst tardy claims

2artition is not covered by the statute of frauds (noreDuirement under substantive law to be in writing). tis not conveyance of property. t does not involvetransfer of property from one to another+ but aconfirmation or ratification of the title or right ofproperty by the heir renouncing in favor of another heiraccepting and receiving the inheritance.

! compromise agreement entered into by and between thevarious heirs is binding upon them as individuals even withoutprevious authority of the court.

f the court already had %urisdiction over the settlement of theestate of the deceased+ the heirs cannot divest the court of itsacDuired %urisdiction by dividing and distributing the estatee4tra%udicially among themselves. !n e4tra%udicial partition ofthe estate submitted by the heirs after the court has acDuired%urisdiction become a %udicial partition after the approval by thecourt.

Gue/arra /". Gue/arra. >nder section 1 of Rule 6=+ inrelation to Rule 6I+ if the decedent left a will and no debts andthe heirs and legatees desire to ma'e an e4tra%udicial partitionof the estate+ they must first present that will to the court forprobate and divide the estate in accordance with the will. hey

may not disregard the provisions of the will unless thoseprovisions are contrary to law. *either may they do away withthe presentation of the will to the court for probate+ becausesuch suppression of the will is contrary to law and public policy.

Sec. 7. Summary settlement of estates of small value.

Ahenever the gross value of the estate of a deceased person+whether he died testate or intestate+ does not e4ceed ten thousandpesos+ and that fact is made to appear to the $ourt of 3irst nstancehaving %urisdiction of the estate by the petition of an interested

person and upon hearing+ which shall be held not less than (1) monthnor more than three (,) months from the date of the last publicationof a notice which shall be published once a wee' for three (,)consecutive wee's in a newspaper of general circulation in theprovince+ and after such other notice to interested persons as thecourt may direct+the court may proceed summarily+ without the appointment of an

e4ecutor or administrator+ and without delay+ to grant+ if proper+allowance of the will+ if any there be+ to determine who are thepersons legally entitled to participate in the estate+ and to apportionand divide it among them after the payment of such debts of theestate as the court shall then find to be due and such persons+ intheir own right+ if they are of lawful age and legal capacity+ or by theirguardians or trustees legally appointed and Dualified+ if otherwise+shall thereupon be entitled to receive and enter into the possession ofthe portions of the estate so awarded to them respectively.he court shall ma'e such order as may be %ust respecting the costsof the proceedings+ and all orders and %udgments made or rendered inthe course thereof shall be recorded in the office of the cler'+ and theorder of partition or award+ if it involves real estate+ shall be recordedin the proper register;s office.

he 5$ has %urisdiction over summary settlement of estates ofsmall value.

Sec. ,. 0ond to be filed by distributes.he court+ before allowing a partition in accordance with the provisionsof the preceding section+ may reDuire the distributes+ if property otherthan real is to be distributed+ to file a bond in an amount to be fi4ed bythe court+ conditioned for the payment of any %ust claim which may befiled under the ne4t section.

Sec. =. Kiability of distributees and estate.

f it shall appear at any time within two (7) years after the settlementand distribution of an estate in accordance with the provisions of eitherof the first two sections of this rule+ that an heir or other person hasbeen unduly deprived of his lawful participation in the estate+ such heiror such other person may compel the settlement of the estate in thecourts in the manner hereinafter provided for the purpose of satisfyingsuch lawful participation. !nd if within the same time of two (7) years+it shall appear that there are debts outstanding against the estate which



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have not been paid+ or that an heir or other person has been undulydeprived of his lawful participation payable in money+

the court having %urisdiction of the estate may+ by order for thatpurpose+ after hearing+ settle the amount of such debts or lawfulparticipation and order how much and in what manner each distributeeshall contribute in the payment thereof+ and may issue e4ecution+ if

circumstances reDuire+ against the bond provided in the precedingsection or against the real estate belonging to the deceased+ or both.

Such bond and such real estate shall remain charged with a liability tocreditors+ heirs+ or other persons for the full period of two (7) yearsafter such distribution+ notwithstanding any transfers of real estate thatmay have been made.

Nte" an! Ca"e"-

Rule n li9itatin" nt a##licable t t4"e w4 4a! nnwle!$e f "ettle9ent

Sa9#il /". CA %>8, P4il 7>.he provisions of Sec = Rule6=+ barring distributes or heirs from ob%ecting to ane4tra%udicial partition after the e4piration of 7 years from suche4tra%udicial partition+ is applicable only:

a. to persons who haveparticipatedor ta'en partor hadnotice of the etrajudicial partition and

b. when the provisions of Sec 1 or Rule 6= have beenstrictly complied with+ i.e. that. !ll the persons or heirsof the decedent have ta'en part in the e4tra%udicialsettlement or are represented by themselves orthrough their guardians.

hus+ sec = Rule 6= is only a bar against the parties who had ta'enpart in the e4tra%udicial proceedings+ but * against third personsnot parties thereto.

2eriod to file a claim against the bond:

rdinary: "eirLother person has been

unduly deprived of hislawful participation in theestate

7 years from the settlement anddistribution

ebts of the estate haveremained unpaid

3raud iscovery is presumed

from the time the deed isregistered

= years from the discovery of fraud

$laims of 5inors and other

incapacitated persons

1 year from removal of disability

=. 'u!icial Settle9ent f E"tate"

Te"tate Prcee!in$"

Rule 73 Pr!uctin f ill Allwance f ill Nece""ar

Nte" an! Ca"e"-

Prbate f ill Man!atr

Gue/arra /". Gue/arra. Even if the decedent left no debtsand nobody raises any Duestion as to the authenticity and duee4ecution of the will+ none of the heirs may sue for the partitionof the estate in accordance with that will without first securingits allowance or probate by the court+ first+ because the lawe4pressly provides that Mno will shall pass either real orpersonal estate unless it is proved and allowed in the propercourtM and+ second+ because the probate of a will+ which is aproceeding in rem+ cannot be dispensed with and substituted byany other proceeding+ %udicial or e4tra%udicial+ without offendingagainst public policy designed to effectuate the testator;s rightto dispose of his property by will in accordance with law and toprotect the rights of the heirs and legatees under the will.

E;ce#tin!rt. 1


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b. the due e4ecution thereof c. the testator@s testamentary capacityd. the compliance with the reDuisites orsolemnities prescribed by law

E;ce#tin he rule+ however+ is not infle4ible and absolute. >nder e4ceptional circumstances+ the probate court is not

powerless to do what the situation constrains it to do and passupon certain provisions of the will.

Caetan /". Leni!e" %>21 SCRA ,,* Ne#9ucen /". CA.Ahere circumstances demand that the intrinsic validity of testamentaryprovisions be passed upon before the e4trinsic validity of the will isresolved+ the probate court should meet the issue.

IMPORTANT4en t4e will i" intrin"icall /i! ON ITS +ACE6 t4en t4e #rbatecurt 9a !well n t4e i""ue f intrin"ic /ali!it %t4e FPracticalCn"i!eratin" Dctrine %Acain /. IAC

Sub"tantial C9#liance Sufficient Substantial compliance is acceptable where the purpose of thelaw has been satisfied+ the reason being that the solemnitiessurrounding the e4ecution of wills are intended to protect thetestator from all 'inds of fraud and tric'ery but never intendedto be so rigid and infle4ible as to destroy the testamentaryprivilege.

Re9e! f Certirari a/ailable- Even assuming the e4istence of the remedy of appeal+ the $ourthear'ens to the rule that in the broader interests of %ustice+ a petitionfor certiorari may be entertained+ particularly where appeal would notafford speedy and adeDuate relief.

Princi#le nt a##lie! w4ere 9eat f cntr/er" i" nt intrin"ic/ali!itManinan$ /". CA %02.he *uguid and 0alanay cases provide thee4ception rather than the rule. he intrinsic validity of the wills in thosecases was passed upon even before probate because the practicalconsiderations so demanded. 5oreover+ for the parties in the *uguidcase+ the Bmeat of the controversyC was the intrinsic validity of the will.

Di"9i""al i9#r#er w4ere i""ue" are cntr/er"ial

Maninan$ /". CA %02. 0y virtue of the dismissal of theestate $ase+ the determination of that controversial issue hasnot been thoroughly considered.

)!a. De Precilla /". Narci".t is a matter of public interestthat a purported will is not denied legali#ation on dubiousgrounds.

Decree f Prbate i" cnclu"i/e a" t it" !ue e;ecutin

Mana4an /. Mana4an %,,. Settled is the rule that thedecree of probate is conclusive with respect to the duee4ecution of the will and it cannot be impugned on any of thegrounds authori#ed by law+ e4cept that of fraud+ in anyseparate or independent action or proceeding

Sec. 7. $ustodian of will to deliver.

he person who has custody of a will shall+ within twenty (7


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e !ran# v. Galing+ (??) 5ere publication of the notice ofhearing is not enough to confer %urisdiction on the court. Aherethe addresses of the heirs and legatees are 'nown+ personaland individual notice to them is mandatory. Such notice is notnecessary and publication is sufficient only when the addressesare not 'nown or the address given in the petition is wrong

Sec. =. "eirs+ devisees+ legatees+ and e4ecutors to be notified by mailor personally. -

he court shall also cause copies of the notice of the time and placefi4ed for proving the will to be addressed to the designated or other'nown heirs+ legatees+ and devisees of the testator resident in the2hilippines at their places of residence+ and deposited in the post officewith the postage thereon prepaid at least twenty (7


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Sec. 6. 2roof when witnesses do not reside in province.

f it appears at the time fi4ed for the hearing that none of thesubscribing witnesses resides in the province+ but that the deposition ofone or more of them can be ta'en elsewhere+ the court may+ onmotion+ direct it to be ta'en+ and may authori#e a photographic copy ofthe will to be made and to be presented to the witness on his

e4amination+ who may be as'ed the same Duestions with respect to it+and to the handwriting of the testator and others+ as would be pertinentand competent if the original will were present.

Sec. ?. 2roof when witnesses dead or insane or do not reside in the2hilippines.

f it appears at the time fi4ed for the hearing that the subscribingwitnesses are dead or insane+ or that none of them resides in the2hilippines+ the court may admit the testimony of other witnesses toprove the sanity of the testator+ and the due e4ecution of the will andas evidence of the e4ecution of the will+ it may admit proof of thehandwriting of the testator and of the subscribing witnesses+ or of any

of them.

Mara/illa /. Mara/illa. he failure of the witness to identifyhis own signature does not bar probate.

Sec. 11. Subscribing witnesses produced or accounted for where willcontested.

f the will is contested+ all the subscribing witnesses+ and the notary inthe case of wills e4ecuted under the $ivil $ode of the 2hilippines+ ifpresent in the 2hilippines and not insane+ must be produced ande4amined+ and the death+ absence+ or insanity of any of them must besatisfactory shown to the court. f all or some of such witnesses are

present in the 2hilippines but outside the province where the will hasbeen filed+ their deposition must be ta'en. f any or all of them testifyagainst the due e4ecution of the will+ or do not remember havingattested to it+ or are otherwise of doubtful credibility+ the will may+nevertheless+ be allowed if the court is satisfied from the testimony ofother witnesses and from all the evidence presented that the will wase4ecuted and attested in the manner reDuired by law.f a holographic will is contested+ the same shall be allowed if at leastthree (,) witnesses who 'now the handwriting of the testator e4plicitlydeclare that the will and the signature are in the handwriting of thetestator in the absence of any competent witness+ and if the court

deem it necessary+ e4pert testimony may be resorted to.

Sec. 17. 2roof where testator petitions for allowance of holographic will.

Ahere the testator himself petitions for the probate of his holographicwill and no contest in filed+ the fact that he affirms that the holographicwill and the signature are in his own handwriting+ shall be sufficientevidence of the genuineness and due e4ecution thereof. f theholographic will is contested+ the burden of disproving the genuinenessand due e4ecution thereof shall be on the contestant. he testator may+in his turn+ present such additional proof as may be necessary to rebutthe evidence for the contestant.

Su99ar n Prf t be Pre"ente!

Ante9rte9 @l$ra#4ic ill*o $ontest Aith $ontest

estator shall affirm theholographic will and the signatureare his

0urden of disproving genuinenessand due e4ecution is on thecontestant.estator may then present hisevidence

P"t Mrte9

*o $ontest Aith $ontest

"olographic !t least one witness who'nows the handwriting and

signature of the testator+or an e4pert witness

!t least , witnesses who'now the handwriting and

signature of the testator+or an e4pert witness

*otarial !t least one subscribingwitness testifies that wille4ecuted as reDuired bylaw

!ll subscribing witnessesandthe notary public shalltestify that will wase4ecuted as reDuired bylaw



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L"t ill"

Pr/e1. Aill was in e4istence at the time of death of the testator+ or

3raudulently or accidentally destroyed during his lifetime of thetestator without his 'nowledge+ and

7. 2rovisions clearly and distinctly proven by at least 7 credible

witnesses

*ot Residents of the 2rovincewhere 2robate $ourt Sits

Aitnesses are ead+ nsane or*on Residents of the 2hilippines

a'e deposition of witnesses andallow them to e4amine aphotographic copy of the will

$ourt may admit testimony ofother witnesses to prove sanity ofthe testator and due e4ecution ofthe will

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o he foreign tribunal is a probate court

o he laws of a foreign country on procedure and

allowance of wills

Sec. 7. *otice of hearing for allowance.

Ahen a copy of such will and of the order or decree of the allowancethereof+ both duly authenticated+ are filed with a petition for allowance

in the 2hilippines+ by the e4ecutor or other person interested+ in thecourt having %urisdiction+ such court shall fi4 a time and place for thehearing+ and cause notice thereof to be given as in case of an originalwill presented for allowance.

he will probated abroad should be treated as if it were anoriginal will that is presented for probate for the first time. hus+publication and notice to interested persons are necessary

Sec. ,. Ahen will allowed+ and effect thereof.

f it appears at the hearing that the will should be allowed in the2hilippines+ the court shall so allow it+ and a certificate of its allowance+

signed by the %udge+ and attested by the seal of the court+ to whichshall be attached a copy of the will+ shall be filed and recorded by thecler'+ and the will shall have the same effect as if originally proved andallowed in such court.

Len H G4e::i /. Manufacturer


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and integrity that the courts ta'e cogni#ance of theiruse of liDuor.

Ahat is contemplated by this article is drun'enness that ise4cessive+ inveterate and continued use of into4icants+ tosuch an e4tent as to render the sub%ect of the habit asunsafe against to entrust with the care of property or thetransaction of business.

=. mprovidence efinition: want of care+ business capacity+ or foresight

in the management of property which would be li'ely torender the estate and effects of interstate unsafe+ andliable to be lost or diminished in value.

Symptoms: carelessness+ indifference+ prodigality+wastefulness or negligence in reference to the care+management and preservation of property

J. Aant of >nderstanding t must amount to lac' of intelligence.

I. Aant of ntegrity

Inte$rit- soundness of moral privilege and character+

shown by a person@s dealing with others+ in ma'ing andperformance of contracts+ in fidelity and honesty in thedischarge of trust

6. 5oral urpitude

ari /. +lre" %71. Definitin- an act of baseness+vileness or depravity in the private and social dutieswhich a man owes others and society+ contrary to theaccepted and customary rule of right and duty betweenman and woman or conduct contrary to %ustice+honesty+ modesty or good morals.

Section 7. E4ecutor of E4ecutor not to administer estate.

he e4ecutor of an e4ecutor shall not+ as such+ administer the estate ofthe first testator.

Section ,. arried Women ma* serve.

! married woman may serve as e4ecutri4 or administratri4+ and themarriage of a single woman shall not affect her authority so to serveunder a previous appointment.

Section =. +etters ,estamentar* issued %hen %ill allo%ed.

Ahen a will was been proved and allowed+ the court shall issue letters

testamentary thereon to the person named as e4ecutor therein+ ifo he is competent+

o accepts the trust+ and

o gives bond as reDuired by the rules

Section J. Where some co-eecutors disualified others ma* act.

Ahen all of the e4ecutors named in a will cannot act because ofo incompetency+

o refusal to accept the trust+ or

o failure to give a bond+

on the part of one or more of them+ letters testamentary may issueto such of them as are competent+ accept and give bond+ and theymay perform the duties and discharge the trust as reDuired by thewill.

Section I. When and to %hom letters of administration granted.

f no e4ecutor is named in the will+ or the e4ecutor or e4ecutors areincompetent+ refuse the trust+ or fail to give bond+ or a person dies

intestate+ administration shall be granted:

(a) o the surviving husband or wife+ as the case may be+ or ne4tof 'in+ or both+ in the discretion of the court+ or to such personas such surviving husband or wife+ or ne4t of 'in+ reDuests tohave appointed+ if competent or willing to serve

(b) f such surviving husband and wife+ as the case may be+ or ne4tof 'in+ or to the person selected by them to be incompetent orunwilling+ or if the husband or widow+ ne4t of 'in+ neglects+ for,< days after the death of the person to apply foradministration or to reDuest that administration be granted tosome other person+ it may be granted to one or more of the

principal creditors if competent and willing to serve

(c) f there is no such creditor competent and willing to serve+ ifmay be granted to such other person as the court may select.

Rule 6?.I provides an order of preference in theappointment of an administrator.

Gn:ale" /. A$uinal! %18.he underlying assumption isthat those who will reap the benefit of a wise+ speedy andeconomical administration of the estate or who will suffer the



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conseDuences of waste+ improvidence or mismanagement+ havethe highest interest and most influential motive to administer theestate correctly.

"owever+ the preference is not absolute. t may bedisregarded if such action will be for the benefit of theestate

he ,< day period may be waived under the permissive

tone of paragraph (b) he creditor may file within a reasonable time after thedeath of the decedent in the estate proceedings+ and if none werehad+ to petition for letters of administration.

Matute /. CA %51. he appointment of a co-administratoris legally permissible and sanctioned in practice.

B*e4t of 'inC persons who are entitled under the statuteof distribution to the decedent@s property. !dministration may be granted to such other person as thecourt may appoint in case the persons who have the preferentialright to be appointed are not incompetent or are unwilling toserve

Arit of 5andamus will issue only to direct the court toappoint an administrator+ but not to direct the court who toappoint. !dministration e4tends only to the assets of a decedentfound within the state or country where it was granted (Rule6?.=).

=alut /". Pan. ! hearing is necessary to determine thesuitability of a person to be appointed administrator by givinghim the opportunity to prove his Dualifications and to affordoppositors to contest the petition.Even the directive of the testator in his will designating that a

certain person should act as e4ecutor is not binding on theprobate court and does not automatically entitle him to theissuance of letters testamentary. ! hearing has to be conductedto ascertain his fitness to act as e4ecutor.

Rule 71 O##"in$ I""uance f Letter" Te"ta9entar6 Petitinan! Cnte"t fr Letter" f A!9ini"tratin

Section 1./pposition to issuance of letters testamentar*. Simultaneouspetition for administration.

!ny person interested in a will may state in writing the grounds whyletters testamentary should not issue to the persons named therein as

e4ecutors+ or any of them+ and the court+ after hearing upon notice+shall pass upon the sufficiency of such grounds. ! petition may+ at thesame time+ be filed for letters of administration with the will anne4ed.

Section 7. Contents of petition for letters of administration

! petition for letters of administration must be filed by an interestedperson and must show+ so far is 'nown to the petitioner:

(a) the %urisdictional facts(b) the names+ ages+ and residences of the heirs+ and the names

and residences of the creditors+ of the decedent(c) the probable value and character of the property of the estate(d) the name of the person for whom letters of administration are

prayed.

0ut no defect in the petition shall render void the issuance of letters ofadministration

'uri"!ictinal +act"- death of the decedent and of his residence

within the country are foundation facts upon which all the subseDuentproceedings in the administration of the estate rest.

)!a. De Manal /". CA. !rt. 777 of the $ivil $ode reDuiring acompromise between family members applies only to civilactions which are essentially adversarial and involve membersof the same family. he petition for letters of administration isnot adversarial.

nterest is not a %urisdictional fact+ but a motion to dismiss(5) may be granted on the basis that a person filing apetition without any interest in the administration of the estateof the deceased lac's legal capacity (see Rule 1I+ Saguinsin v.Kindayag).

Trillana /. Cri""t96 %3>. nterested person onewho would be benefited by the estate (heir)+ or onewho has a claim against the estate (creditor)+ thisinterest must be material and direct+ not merelyindirect or contingent.

)!a. De C4ua /. CA6 %10. nly an heir or creditorcan oppose the issuance of letters of administration asthey are the only ones who would be benefited by theestate.



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Section ,. Court to set time for hearing. Notice thereof.

Ahen a petition for letters of administration is filed in the court having%urisdiction+ such court

shall fi4 a time and place for hearing the petition+ and shall cause notice thereof to be given

o to the 'nown heirs and creditors of the decedent+ and

o to any other persons believed to have an interest in the

estate+o in the manner provided in Sections , and = of Rule 6I.

0ut the %urisdiction of the court over the proceedings for theadministration of the estate must be distinguished from the%urisdiction over the persons interested in the settlement of theestate. he latter is acDuired after proper notice to interestedpersons.

Manal /". Pare!e".*otice is to bring all interested personswithin the court@s %urisdiction so that the %udgment thereinbecomes binding on all the world

Eu"ebi /. )al9re". Ahere no notice as reDuired by Rule68., has been given to persons believed to have an interest inthe estate of the deceased person+ the proceeding for thesettlement of the estate is void and should be annulled. hisreDuirement is essential to the validity of the proceeding inorder that no person may be deprived of his right to propertywithout due process of law.

Section =. /pposition to petition for administration.

!ny interested person may+ by filing a written opposition+ contest the petition on the ground of

o the incompetency of the person for whom letters are

prayed therein+ or

o on the ground of the contestant@s own right to theadministration+ and

may pray that letters issueo to himself+ or

o to any competent person or persons named therein.

Section J. Hearing and order for letters to issue.

!t the hearing of the petition+ it must first be shown that notice has been given as herein-

above reDuired+ and

thereafter the court shall hear the proofs of the parties insupport of their respective allegations+ and

if satisfiedo that the decedent left no will+ or

o that there is no competent and willing e4ecutor+

it shall order the issuance of letters of administration to the partybest entitled thereto.

Section I. When letters of administration granted to an* ualifiedapplicant.

Ketters of administration may be granted to any Dualified applicant+though it appears that there are other competent persons having betterright to the administration+ if such persons fail to appear when notifiedand claim the issuance of letters themselves.

5ore *otes on $o-!dministrators:

wo or more administrators may be appointed for an estate+especially when it is large and its administration comple4.

$o-administration however should be resorted to in e4ceptionalcases only because it may lead to conflict between or amongthe co-administrators and diffusion of responsibility.

he appointment of co-administrators has been upheld forvarious reasons:

- o have the benefit of their %udgment and perhaps at alltime to have different interests represented

- Ahere %ustice and eDuity demand that opposing partiesor factions be represented in the management of theestate of the deceased

- Ahere the estate is large+ or from any cause+ anintricate one to settle

- o have all interested parties satisfied and the

representatives to wor' in harmony for the bestinterests of the estate and

- Ahen a person entitled to the administration of theestate desires to have another competent personassociated with him in the office.

Rule 08 & S#ecial A!9ini"tratr

Section 1.Appointment of special administrator

Ahen there is a delay in granting letters testamentary or of

UP LAW BAROPS 2007 ONE UP LAW

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administration by any cause including an appeal from the allowance ordisallowance of a will+ the court may appoint a special administrator tota'e possession and charge of the estate of the deceased until theDuestion causing the delay are decided and e4ecutors or administratorsare appointed.

S#ecial A!9ini"tratr & a representative of the decedentappointed by the probate court to care for and preserve hisestate until an e4ecutor or general administrator is appointed

he paramount consideration is always the best interest of theestate

Ren" /. Santia$ %?1. he appointment of a regularadministrator is necessary for the prompt settlement anddistribution of the estate. here are important duties devolvingon a regular administrator which a special administrator cannotperform+ and there are many actions to be ta'en by the courtwhich could not be accomplished before a regular administratoris appointed.

2rincipal ob%ect of appointment of temporary administrator is to

preserve the estate until it can pass into hands of persons fullyauthori#ed to administer it for the benefit of the creditors andthe heirs.

De Gu:9an /. An$ele". *otice through publication of thepetition is a %urisdictional reDuirement even in the appointmentof a special administrator.

4en a S#ecial A!9ini"tratr 9a be a##inte! he appointment of a special administrator is %ustified when

there is a delay in granting letters testamentary or ofadministration because of

o !n appeal from the allowance or disallowance of a will+

oro Some other cause (ground is broad enough to

include: ) $ontest as to the will is being carried on in the

same or in another court+ or Ahere there is a pending appeal as to the

proceeding on the removal of an e4ecutor oradministrator+ or

n cases where the parties cannot agree amongthemselves

Sub%ect to the limitation above+ the appointment of a specialadministrator lies within the discretion of the court.

*o temporary administration can be granted where there is ane4ecutor capable of acting.

Garcia +ule /". CA. he discretion toappoint a special administrator or not lies in the probate court.

*othing is wrong for the %udge to consider the order of preferencein the appointment of a regular administrator in appointing aspecial administrator. !fter all+ the consideration that overridesall others in this respect is the beneficial interest of the appointeein the estate of the decedent.

4 i" t be a##inte!

PiBuan /. De Gurrea %55. he preference under Rule 6?.Irefers to the appointment of a regular administrator+ and thatthe order appointing the latter lies within the discretion of theprobate court and is not appealable.

he appointment of a special administrator is temporary and

subsists only until a regular administrator is appointed. Garcia +ule /. CA.he appointing court does not determine

who are entitled to share in the estate of the decedent+ but whois entitled to the administration. he issue of heirship isdetermined in the decree of distribution+ and the findings of thecourt on the relationship of the parties in the administration+ asto be the basis of distribution.

Crna /. CA. he e4ecutri4@s choice of Special !dministrator+considering her own inability to serve and the wide latitude ofdiscretion given her by the testratri4 in her will+ is entitled tothe highest consideration. Since the wife owns N of thecon%ugal properties+ and she+ too+ is a compulsory heir of her

husband+ to deprive her of any hand in the administration ofthe estate prior to the probate of the will would be unfair to herproprietary interests.

Section 7. 0o%ers and duties of a special administrator.

Such special administrator shall ta'e possession and charge of thegoods+ chattels+ rights+ credits+ and estate of the deceased and preservethe same for the e4ecutor or administrator afterwards appointed+ andfor that purpose may commence and maintain suits as administrator."e may sell only such perishable and other property as the court


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orders sold. ! special administrator shall not be liable to pay the debtsof the deceased unless so ordered by the court.

!lthough no period is fi4ed for the administrator to submit aninventory of the estate+ it must be done within a reasonabletime+ if not as soon as practicable+ to protect the estate and toprotect the heirs of the deceased (infer from rule ? & =n!" f E;ecutr" an! A!9ini"tratr"

Section 1. ond given before issuance of letters. Amount. Conditions.

0efore an e4ecutor or administrator enters upon the e4ecution of histrust+ and letters testamentary or of administration issue+ he shall givea bond+ in such sum as the courts directs+ conditioned as follows:

(a) o ma'e and return to the court+ within , months+ a true andcomplete in/entr of all the goods+ chattels+ rights+ credits+and estate of the deceased which shall come to his possessionor 'nowledge or to the possession of any other person for him(see Rule ?,.1)

(b) o a!9ini"teraccording to these rules+ and+ if an e4ecutor+according to the will of the testator+ all goods+ chattels+ rights+credits+ and estate which shall come to his possession or'nowledge or to the possession of any other person for him andfr9 t4e #rcee!" t #a an! !i"c4ar$e all !ebt"6le$acie"6 an! c4ar$e"on the same+ or such dividends thereonas shall be decreed by the court

(c) o render a true and %ust accuntof his administration to thecourt within 1 year+ and at any other time when reDuired by thecourt (see Rule ?J.?)

(d) o perform all r!er" f t4e curtby him to be performed.

Lu:n Suret /. Juebrar. he terms and effectivity of thebond does not depend on the payment of the premium anddoes not e4pire until the administration is closed. !s long asthe probate court retains %urisdiction of the estate+ the bond

contemplates a continuing liability. !nd for long as theadministrator hold his position+ the surety@s liability subsists.

Section 7. ond of eecutor %here directed in %ill. When further bond isreuired.

f the testator in his will directs that the e4ecutor serve without a bond+or with only his individual bond+ he may be allowed by the court to givebond in such some and with such surety as the court approvesconditioned only to pay the debts of the testator but the court mayreDuire of the e4ecutor a further bond in case of a change in hiscircumstances+ or for other sufficient cause+ with the condition named inthe preceding section.

Section ,. onds of joint eecutors and administrators.

Ahen two or more persons are appointed administrators or e4ecutorsthe court may ta'e separate bonds from each or a %oint bond from all.

Section =. ond of a special administrator.

! special administrator before entering upon the duties of his trust shallgive a bond+ in such sum as the court directs+ conditioned that he willma'e and return a true inventory of the goods+ chattels+ rights+ credits+and estate which shall come to his possession or 'nowledge+ and thathe will truly account for such as are received by him when reDuired by


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the court+ and will deliver the same to the person appointed e4ecutor oradministrator+ or such other person as may be authori#ed to receivethem.

! bond is necessary before an e4ecutor or administrator entershis trust.

o f the testator provides that the e4ecutor shall serve

without a bond+ the e4ecutor will still give a bond+ butthe only condition which attaches to the bond is thepayment of the debts of the testator.

!dditional bond may be reDuired in the following caseso Rule ?1.7+ when there is a change in circumstances of

the e4ecutorLadministrator or for other sufficient causeo Rule ?8.6c+ an additional bond may be reDuired by the

court in case of sale+ mortgage or encumbrance of theproperty of the estate conditioned that theadministratorLe4ecutor account for the proceeds of thesale or encumbrance

R(LE 02. RE)OCATION O+ ADMINISTRATION6 DEAT@6RESIGNATION6 AND REMO)AL O+ EKEC(TORS AND

ADMINISTRATORS

Sec. 1. !dministration revo'ed if will discovered 2roceedingsthereupon.

f after letters of administration have been granted on the estate of adecedent as if he had died intestate+ his will is proved and allowed bythe court+ the letters of administration shall be revo'ed and allpowers thereunder cease+ and the administrator shall forthwithsurrender the letters to the court+ and render his account within suchtime as the court directs. 2roceedings for the issuance of letters

testamentary or of administration under the will shall be ashereinbefore provided.

Rule n Prece!ence f Prbate f ill f intestate proceedings had already been instituted+ theadministrator must: a. render a final account b. turn over theestate to the e4ecutor named in the will

(riarte / C+I.his is without pre%udice to the proceedingscontinuing as intestacy.

Cn/er"in f an Inte"tate int Te"tate Prcee!in$

Ren" /. Santia$. Ahether the intestate proceedingalready commenced should be discontinued and a newproceeding under a separate number and title should bediscontinued and a new proceeding under a separate number isentirely a matter of form and lies within the sound discretion ofthe court.

A!/incula / Te!r. he mere discovery of a documentpurporting to be a will after the appointment of an administratordoes not ipso facto nullify the letters of administration or evenauthori#e their revocation until the will has been proved andallowed.

Sec. 7. $ourt may remove or accept resignation of e4ecutor oradministrator 2roceedings upon death+ resignation+ or removal.

f an e4ecutor or administrator neglects to render his account and settlethe estate according to law+ or to perform an order or %udgment of thecourt+ or a duty e4pressly provided by these rules+ or absconds+ orbecomes insane+ or otherwise incapable or unsuitable to discharge the

trust+ the court may remove him+ or+ in its discretion+ may permit himto resign. Ahen an e4ecutor or administrator dies+ resigns+ or isremoved the remaining e4ecutor or administrator may administer thetrust alone+ unless the court grants letters to someone to act with him.f there is no remaining e4ecutor or administrator+ administration maybe granted to any suitable person.

Pur#"e f A!9ini"tratin 2urpose O a. liDuidation of the estate b. distribution of theresidue among the heirs and legatees KiDuidation O determination of all the assets of the estateand payment of all debts and e4penses

Lu:n Suret / Juebrar.!pproval of the pro%ect ofpartition does not necessarily terminate administration.

Grun!" fr Re9/al *eglects to render an account and settle the estateaccording to law *eglects to perform an order or %udgment of the court *eglects to perform a duty e4pressly provided by theserules !bsconds+ or becomes insane+ or otherwise incapable orunsuitable to discharge the trust.


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Te9#rar Ab"ence nt a $run! fr Re9/al

In re McKnights Will.! temporary residence outside ifthe state+ maintained for the benefit of the health of thee4ecutor@s family+ is not such a removal from the state as tonecessitate his removal as e4ecutor. emporary absence from thestate on account of ill health+ or on account of business+ or for the

purpose of travel or pleasure+ would not necessarily establish thefact that an e4ecutor has removed from the state+ within theintent of the statute.

Di"cretin in t4e Re9/al f A!9ini"tratr

De$ala / Ceni:a an! (9#i$* Men!ila / CA. heremoval of an administrator under Section 7 of Rule ?7 lies withinthe discretion of the court appointing him.

Grun!" Enu9erate! nt E;clu"i/e

Cbarrubia" / Di:n.Ahere the appointment of anadministrator was procured through false representations+ the

power of the probate court to revo'e the appointment is beyondDuestion. his is so because the position of administrator is oneof confidence.

T4ere 9u"t be E/i!ence t 'u"tif Re9/al

Gabriel / CA %12.! mere importunity by some of theheirs+ there being no factual and substantial bases therefore+ isnot adeDuate ratiocination for the removal of private respondent.Suffice it to say that the removal of an administrator does not lieon the whims+ caprices and dictates of the heirs or beneficiariesof the estate.

Sec. ,. !cts before revocation+ resignation+ or removal to be valid.he lawful acts an e4ecutor or administrator before the revocation ofhis letters testamentary or of administration+ or before his resignationor removal+ shall have the li'e validity as if there had been no suchrevocation+ resignation+ or removal.

)!a. !e =acalin$ / La$u!a %7,. he acts of an administrator donein good faith prior to the revocation of the letters will be protected+ andsimilar protection will be e4tended to rights acDuired under a previousgrant of administration.

Sec. =. 2owers of new e4ecutor or administrator. - Renewal of license tosell real estate.

he person to whom letters testamentary or of administration aregranted after the revocation of former letters+ or the death+ resignation+or removal of a former e4ecutor or administrator+ shall have the li'epowers to collect and settle the estate not administered that the former

e4ecutor or administrator had+ and may prosecute or defend actionscommenced by or against the former e4ecutor or administrator+ andhave e4ecution on %udgments recovered in the name of such formere4ecution or administrator. !n authority granted by the court to theformer e4ecutor or administrator for the sale or mortgage of real estatemay be renewed in favor of such person without further notice orhearing.

=rr9e / =rr9e %33. he order of removal is appealable.

R(LE 0, IN)ENTORY AND APPRAISAL* PRO)ISION +ORS(PPORT O+ +AMILY

Sec. 1. nventory and appraisal to be returned within three months.

Ahen three (,) months after his appointment every e4ecutor oradministrator shall return to the court a true inventory and appraisal ofall the real and personal estate of the deceased which has come into hispossession or 'nowledge. n the appraisement of such estate+ the courtmay order one or more of the inheritance ta4 appraisers to give his ortheir assistance.

Sebial /. Sebial. he three-month period is notmandatory. he fact that an inventory was filed after the three-monthperiod would not deprive the court of %urisdiction to approve itbut may be grounds for the removal of the administrator. 2owers of the probate court:

a. supervision and control over the powers ofthe deceased.b. etermination of what properties+ rights andcredits of the deceased should e included in the inventory

nherent duties of the probate court:a. see that the inventory submitted by theadministrator contains all the properties+ rights andcredits which the law reDuires the adm@r to set out


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b. should an heir or interested person call thecourt@s attention to the fact that certain properties+rights+ etc. have been left out of the inventory+ the courtmust hear the observations

Sec. 7. $ertain articles not to be inventoried.

he wearing apparel of the surviving husband or wife and minor

children+ the marriage bed and bedding+ and such provisions andother articles as will necessarily be consumed in the subsistence ofthe family of the deceased+ under the direction of the court+ shall notbe considered as assets+ nor administered as such+ and shall not beincluded in the inventory.

Sec. ,. !llowance to widow and family.

he widow and minor or incapacitated children of a deceased person+during the settlement of the estate+ shall receive therefrom+ underthe direction of the court+ such allowance as are provided by law.

=ac4rac4 / Seifert %?1: he sale of the estate is

unnecessary when the cash in the possession of theadministratri4 is sufficient for the monthly allowance of the latter+and the lower court may not order said sale especially when theheirs are opposed to it. !llowance for support is not limited to the minor orincapacitated children of the deceased. >nder !rt 1,, 3$ (1??$$) during the liDuidation of the con%ugal partnership+ thedeceased@s legitimate spouse and children+ regardless of age+ civilstatus or gainful employment+ are entitled to provisional supportfrom the estate. his is because the right and duty to supportsubsist beyond the age of ma%ority. he allowance does not e4tend to grandchildren.

R(LE 0? GENERAL POERS AND D(TIES O+ EKEC(TORS ANDADMINISTRATORS

Sec. 1. E4ecutor or administrator to have access to partnership boo'sand property "ow right enforced.

he e4ecutor or administrator of the estate of a deceased partner shallat all times have access to+ and may e4amine and ta'e copies of+ boo'sand papers relating to the partnership business+ and may e4amine andma'e invoices of the property belonging to such partnership and thesurviving partner or partners+ on reDuest+ shall e4hibit to him all such

boo's+ papers+ and property in their hands or control. n the writtenapplication of such e4ecutor or administrator+ the court having%urisdiction of the estate may order any such surviving partner orpartners to freely permit the e4ercise of the rights+ and to e4hibit theboo's+ papers+ and property+ as in this section provided+ and maypunish any partner failing to do so for contempt.

Sec. 7. E4ecutor or administrator to 'eep buildings in repair. !n e4ecutor or administrator shall maintain in tenantable repair thehouses and other structures and fences belonging to the estate+ anddeliver the same in such repair to the heirs or devisees when directedso to do by the court.

Sec. ,. E4ecutor or administrator to retain whole estate to pay debts+and to administer estate not willed.

!n e4ecutor or administrator shall have the right to the possession andmanagement of the real as well as the personal estate of the deceasedso long as it is necessary for the payment of the debts and thee4penses of administration.

Car /. CA. !n !dministrator cannot e4ercise the right oflegal redemption as this is not one of the powers ofadministration.

E"tate f Ola/e /. Ree" %0,. Ahere the estate isalready the sub%ect of testateLintestate proceedings+ the adm@rcannot enter into any transaction without prior court approval.

E"tate f Rui: %15. he right of the adm@r to thepossession and management of the properties of the deceased isnot absolute it can only be e4ercised so long as it is necessaryfor the payment of debts and e4penses of administration.

Rule 03Accunt Liabilit an! C9#en"atin f E;ecutr" an!

A!9ini"tratr"

Sec. 1. E4ecutor or administrator chargeable with all estate and income.

E4cept as otherwise e4pressly provided in the following sections+ everye4ecutor or administrator is chargeable in his account with the whole ofthe estate of the deceased which has come into his possession+ at thevalue of the appraisement contained in the inventory with all the


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interest+ profit+ and income of such estate and with the proceeds of somuch of the estate as is sold by him+ at the price at which it was sold.

Sec. 7. *ot to profit by increase or lose by decrease in value.

*o e4ecutor or administrator shall profit by the increase+ or suffer lossby the decrease or destruction+ without his fault+ of any part of theestate. "e must account for the e4cess when he sells any part of the

estate for more than appraisement+ and if any is sold for less than theappraisement+ he is not responsible for the loss+ if the sale has been%ustly made. f he settles any claim against the estate for less than itsnominal value+ he is entitled to charge in his account only the amounthe actually paid on the settlement.

*o e4ecutor or administrator shall profit by the increase orlose by the decrease+ wit4ut 4i" fault6of any part of theestate.

Sec. ,. Ahen not accountable for debts due estate.

*o e4ecutor or administrator shall be accountable for debts due the

deceased which remain uncollected without his fault.

Sec. =. !ccountable for income from realty used by him.

f the e4ecutor or administrator uses or occupies any part of the realestate himself+ he shall account for it as may be agreed upon betweenhim and the parties interested+ or ad%usted by the court with theirassent and if the parties do not agree upon the sum to be allowed+ thesame may be ascertained by the court+ whose determination in thisrespect shall be final.

f the e4ecutor or administrator uses any part of the real estate+ heshall account for it:

(a) as agreed between him and interested parties+(b) as ad%usted by court with their assent+ and(c) if the parties do not agree+ it will be ascertained by thecourt with finality.

Sec. J. !ccountable if he neglects or delays to raise or pay money.

Ahen an e4ecutor or administrator neglects or unreasonably delays toraise money+ by collecting the debts or selling the real or personalestate of the deceased+ or neglects to pay over the money he has in hishands+ and the value of the estate is thereby lessened or unnecessarycost or interest accrues+ or the persons interested suffer loss+ the same

shall be deemed waste and the damage sustained may be charged andallowed against him in his account+ and he shall be liable therefor on hisbond.

E4ecutor or administrator is accountable if he neglects ordelays to raise or pay the money he has on his hands. he waste and the damage sustained by the estate may be

charged and allowed against the administrator in his account. Picar!al / Lla!a" %57.Responsibility for damages cannotbe shifted to the intestate estate.

Sec. 6. Ahat e4penses and fees allowed e4ecutor or administrator. -*ot to charge for services as attorney. $ompensation provided by willcontrols unless renounced


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Every e4ecutor or administrator shall render an account ofhis administration within one (1) year from the time of receivingletters testamentary or of administration.

'"n / '"n %5>. he duty of an administrator torender an account is not a mere incident of an administrationproceeding which can be waived or disregarded when the same isterminated+ but that it is a duty that has to be performed and

duly acted upon by the court before administration is finallyordered closed and terminated.

Sec. 8. E4amination on oath with respect to account.

he court may e4amine the e4ecutor or administrator upon oath withrespect to every matter relating to any account rendered by him+ andshall so e4amine him as to the correctness of his account before thesame is allowed+ e4cept when no ob%ection is made to the allowance ofthe account and its correctness is satisfactorily established bycompetent proof. he heirs+ legatees+ distributees+ and creditors of theestate shall have the same privilege as the e4ecutor or administrator ofbeing e4amined on oath of any matter relating to an administration.

! hearing is usually held before an administrator@s accountis approved+ especially if an interested party raises ob%ections tocertain items in the accounting report.

Gu:9an /. DeGu:9anCarill %70. ppositors maypresent proof to rebut the administrator@s evidence in support ofhis accounts.

Sec. 1pon the settlement of the account of an e4ecutor or administrator+ aperson liable as surety in respect to such account may+ uponapplication+ be admitted as party to such accounting.

C. Settle9ent f t4e E"tate & !eter9inatin f #r#ert f t4ee"tate an! clai9" a$ain"t it

R(LE 05 Clai9" a$ain"t E"tate

Sec. 1. *otice to creditors to be issued by court. -

mmediately after granting letters testamentary or of administration+the court shall issue a notice reDuiring all persons having money claimsagainst the decedent to file them in the office of the cler' of said court.

E"tate f Ola/e /. Ree" %0,. 2urpose of presentation ofclaims against estate is to protect the estate of the deceasedperson. !lso+ to apprise the administrator and the probate courtof the e4istence of the claim so that a proper and timelyarrangement may be made for its payment in full or pro rataportion in the due course of the administration. ! compromise ina separate civil case which is an action for collection againstestate is null and void the claim must be filed with the probatecourt within the period prescribed.

Sec. 7. ime within which claims shall be filed.

n the notice provided in the preceding section+ the court shall state the

time for the filing of claims against the estate+ which shall not be morethan twelve (17) nor less than si4 (I) months after the date of the firstpublication of the notice. "owever+ at any time before an order ofdistribution is entered+ on application of a creditor who has failed to filehis claim within the time previously limited+ the court may+ for causeshown and on such terms as are eDuitable+ allow such claim to be filedwithin a time not e4ceeding one (1) month.

T4e Statute f Nnclai9" he period fi4ed by the rule where certain creditors of adeceased person must present their claims for e4amination andallowance. 2robate court is permitted to set the period provided it is

not less than I months nor more than 17 months after the dateof publication of notice.

Sant" /. Manaran$. 2urpose: to insure a speedysettlement of affairs of the deceased and early delivery of theproperty to the person entitled to the same.

E;ten"in f Peri! !t any time before an order of distribution is entered+ onapplication of a creditor who has failed to file his claim within thetime previously limited+ the court may+ for cause shown and on


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such terms as are eDuitable+ allow such claim to be filed within atime not e4ceeding one (1) month.

Ec4au" / =lanc.2eriod prescribed in the notice tocreditors is not e4clusive money claims against the estate maybe allowed anytime before an order of distribution is entered atthe discretion of the court for cause and upon such terms as areeDuitable.

Pre"entatin f Mne clai9 9a be wai/e! I$naci / Pa9#an$a =u" C.6 Inc %57.houghpresentment of probate claims is imperative+ it is generallyunderstood that it may be waived by the estate@s representative.!nd waiver is to be deduced from the administrator@s acts andconduct. $ertainly the failure to plead the statute of non-claims+the active participation and resistance to such claim+ in the civilsuit+ amount to such waiver.

Sec. ,. 2ublication of notice to creditors.

Every e4ecutor or administrator shall+ immediately after the notice tocreditors is issued+ cause the same to be published three (,) wee's

successively in a newspaper of general circulation in the province+ andto be posted for the same period in four public places in the provinceand in two public places in the municipality where the decedent lastresided.

Sec. =. 3iling copy of printed notice.

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nly when there is a favorable %udgment that the %udgmentshall be enforced in the manner provided in these rules forprosecuting claims against the estate of a deceased person.

Din$la"an / An$ C4ia.he probate court case may beheld in abeyance pending determination of an ordinary actionwherein an e4ecutor or administrator is made a party.

Si9#le 9ne clai9" n a##eal an! !efen!ant !ie" Pare!e" /. Ma %7?. f defendant dies while appeal ispending+ appeal continues and after final %udgment+ a claim maybe filed within time limits.

P En$ Cn$ /. @errera %75.f death occurred prior tothe levy+ %udgment creditor must file claim in probate court.

Manalan"an /. Ca"tane!a %70. !ction for foreclosure ofmortgage survives and may be enforced by writ of e4ecutionagainst the administrator without filing a claim in probate court.

Tanc4uec /. A$uilar %78. !ction for e%ectment may beprosecuted despite the death of defendant and may continue until

final %udgment in which the Duestion of damages should bead%udicated.

Sala:ar /. CA %13. >npaid rentals are not simple moneyclaims but may be the measure of the determination of damages.

Rule inclu!e" ab"lute an! cntin$ent clai9" !bsolute claim is such claim as+ if contested between livingperson+ would be proper sub%ect of immediate legal action andwould supply a basis of a %udgment for a sum certain.

Ga"ell H C. /. Tan Sit. $ontingent claim is one+ bywhich+ by its nature is necessarily dependent upon an uncertainevent for its e4istence and claim+ and its validity and

enforceability depending upon an uncertain event. E4amples of the latter are: surety of a contract+ indorser ofa negotiable instrument+ etc.

9different types of claims against the estate

Sec. I. Solidary obligation of decedent.

Ahere the obligation of the decedent is solidary with another debtor+the claim shall be filed against the decedent as if he were the onlydebtor+ without pre%udice to the right of the estate to recover

contribution form the other debtor. n a %oint obligation of the decedent+the claim shall be confined to the portion belonging to him.

PN= /. In!e#en!entPlanter" A""ciatin6 Inc %0,.Ahere the obligation of the decedent is solidary with anotherdebtor+ the claim shall be filed against the decedent as if he werethe only debtor+ without pre%udice to the right of the estate to

recover contribution from the other debtor. n a %oint obligation ofthe decedent+ the claim shall be confined to the portion belongingto him.

Sec. 6. 5ortgage debt due from estate.

! creditor holding a claim against the deceased secured by mortgage orother collateral security+ may abandon the security and prosecute hisclaim in the manner provided in this rule+ and share in the generaldistribution of the assets of the estate or he may foreclose hismortgage or reali#e upon his security+ by action in court+ ma'ing thee4ecutor or administrator a party defendant+ and i f there is a %udgmentfor a deficiency+ after the sale of the mortgaged premises+ or the

property pledged+ in the foreclosure or other proceeding to reali#e uponthe security+ he may claim his deficiency %udgment in the mannerprovided in the preceding section or he may rely upon his mortgage ofother security alone+ and foreclose the same at any time within theperiod of the statute of limitations+ and in that event he shall not beadmitted as a creditor+ and shall receive no share in the distribution ofthe other assets of the estate but nothing herein contained shallprohibit the e4ecutor or administrator from redeeming the propertymortgaged or pledged+ by paying the debt for which it is held assecurity+ under the direction of the court+ if the court shall ad%udge it tobe for the best interest of the estate that such redemption shall bemade.

O"ri / San A$u"tin %>,.! creditor holding a claimagainst the deceased secured by mortgage or other collateralsecurity+ (1) may abandon the security and prosecute his claim inthe manner provided in this rule+ and share in the generaldistribution of the assets of the estate (7) or he may foreclosehis mortgage %udicially and claim his deficiency from the estate(,) or he may foreclose e4tra%udicially and rely on his securityalone 0ut the law does not provide that he may have bothremedies. f he fails in one+ he fails utterly.


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N ri$4t t clai9 !eficienc un!er t4e t4ir! #tin he ,rd option: he mortgagee may rely upon his mortgageor other security alone+ and foreclose the same at any time withinthe period of the statute of limitations without right to file a claimfor any deficiency.

Pere: / PN= %55.he third mode includes e4tra%udicial

foreclosure sales+ the result of which is that the creditor waivesany further deficiency claim.

Sec. ?. $laim of e4ecutor or administrator against an estate.

f the e4ecutor or administrator has a claim against the estate herepresents+ he shall give notice thereof+ in writing+ to the court+ and thecourt shall appoint a special administrator+ who shall+ in the ad%ustmentof such claim+ have the same power and be sub%ect to the same liabilityas the general administrator or e4ecutor in the settlement of otherclaims. he court may order the e4ecutor or administrator to pay to thespecial administrator necessary funds to defend such claim.

Sec. 8. "ow to file a claim. $ontents thereof *otice to e4ecutor oradministrator.

! claim may be filed by delivering the same with the necessaryvouchers to the cler' of court and by serving a copy thereof on thee4ecutor or administrator. f the claim be founded on a bond+ bill+ noteor any other instrument+ the original need not be filed+ but a copythereof with all indorsements shall be attached to the claim and filedtherewith. n demand+ however+ of the e4ecutor or administrator+ or byorder of the court or %udge+ the original shall be e4hibited+ unless it belost or destroyed+ in which case the claimant must accompany his claimwith affidavit or affidavits containing a copy or particular description ofthe instrument and stating its loss or destruction. Ahen the claim isdue+ it must be supported by affidavit stating the amount %ustly due+

that no payments have been made thereon which are not credited+ andthat there are no offsets to the same+ to the 'nowledge of the affiant. fthe claim is not due+ or is contingent+ when filed+ it must also besupported by affidavit stating the particulars thereof. Ahen the affidavitis made by a person other than the claimant+ he must set forth thereinthe reason why it is not made by the claimant. he claim once filedshall be attached to the record of the case in which the letterstestamentary or of administration were issued+ although the court+ in itsdiscretion+ and as a matter of convenience+ may order all the claims tobe collected in a separate action.

"ow to file a claim:

a. !claim may be filed by delivering the same with the necessaryvouchers to the cler' of court and by serving a copy thereof onthe e4ecutor or administrator.

b. f the claim be founded on a bond+ bill+ note+ or any otherinstrument+ the original need not be filed+ but a copy thereof with

all indorsements shall be attached to the claim and filedtherewith.

c. Ahen the claim is due+ it must be supported by affidavit statingthe amount %ustly due+ that no payments have been madethereon which are not credited+ and that there are no offsets tothe same+ to the 'nowledge of the affiant.

d. f the claim is not due+ or is contingent+ when filed+ it must alsobe supported by affidavit stating the particulars thereof.

e. he claim once filed shall be attached to the record of the case inwhich the letters testamentary or of administration were issued.

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>pon the filing of an answer to a claim+ or upon the e4piration of thetime for such filing+ the cler' of court shall set the claim for trial withnotice to both parties. he court may refer the claim to a commissioner.

Sec. 1,. udgment appealable.

he %udgment of the court approving or disapproving a claim+ shall befiled with the record of the administration proceedings with notice to

both parties+ and is appealable as in ordinary cases. ! %udgment againstthe e4ecutor or administrator shall be that he pay+ in due course ofadministration+ the amount ascertained to be due+ and it shall notcreate any lien upon the property of the estate+ or give to the %udgmentcreditor any priority of payment.

Sec. 1=. $osts.

Ahen the e4ecutor or administrator+ in his answer+ admits and offers topay part of a claim+ and the claimant refuses to accept the amountoffered in satisfaction of his claim+ if he fails to obtain a more favorable%udgment+ he cannot recover costs+ but must pay to the e4ecutor oradministrator costs from the time of the offer. Ahere an action

commenced against the deceased for money has been discontinued andthe claim embraced therein presented as in this rule provided+ theprevailing party shall be allowed the costs of his action up to the time ofits discontinuance.

R(LE 07 ACTIONS =Y AND AGAINST EKEC(TORS ANDADMINISTRATORS

Sec. 1. !ctions which may and which may not be brought againste4ecutor or administrator.

*o action upon a claim for the recovery of money or debt or interestthereon shall be commenced against the e4ecutor or administrator butactions to recover real or personal property+ or an interest therein+ from

the estate+ or to enforce a lien thereon+ and actions to recover damagesfor an in%ury to person or property+ real or personal+ may becommenced against him.

$laims against the !dministrator may be presented in the!dministration proceedings but not against third persons.

emands against the administrator are presented in thesame special proceeding if the demand has relation toan act of administration and in the ordinary coursethereof since the administration is under the direct

supervision of the court and the administrator is sub%ectto its authority

Paula /. Ec"a6 17 P4il 5>7.0ut if demand is in favorof the administrator+ and the party against whom it isenforced is a third party+ demand cannot be made by amere motion+ but must be by an independent actionagainst the third person

Re#ublic /. De la Ra9a6 >2? P4il >?1,. Ahen anestate is under administration+ notice must be sent tothe administrator of the estate& and not the heirs&sinceit is the said administrator+ as representative of theestate+ who has the legal obligation to pay anddischarge all the debts of the estate and perform all theorders of the court.

Mel$ar /. =uen/iaBe6 >101.!n action for damages maybe brought against an e4ecutor or administrator.

R9ual!e: /. Ti$la6 >83 SCRA 752. !s a general rule+no action upon a claim for recovery of money or debt or interestshall be commenced against the e4ecutor or administrator

because the creditor@s remedy is to file a proper claim in theproceeding for the settlement of the deceased@s estate. 0ut if the%udgment creditors had no alternative but to file an action forrevival of money %udgment to pre-empt its e4tinguishment byprescription+ the action may be properly filed against theadministrator.

Sec. 7. E4ecutor or administrator may bring or defend actions whichsurvive.

3or the recovery or protection of the property or rights of the deceased+an e4ecutor or administrator may bring or defend+ in the right of thedeceased+ actions for causes which survive.

Actin" w4ic4 "ur/i/e

=at /. urbit6 ,1 P4il 538. Recogni#es the right of thee4ecutor or administrator to sue upon any cause of action whichaccrued to the decedent during his l ifetime E4cept for money claims specified in Section J of R?Iwhichshall be file in the testate or intestate proceedings in the form ofclaims against the estate+ all other actions for causes of actionwhich survive affecting the property rights of the deceased maybe commenced against the e4ecutor or administrator.


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suspected person to appear before it and may e4amine him on oath onthe matter of such complaint and if the person so cited refuses toappear+ or to answer on such e4amination or such interrogatories as areput to him+ the court may punish him for contempt+ and may commithim to prison until he submits to the order of the court. heinterrogatories put to any such person+ and his answers thereto+ shallbe in writing and shall be filed in the cler';s office.

Pur#"e f E;a9inatin Elicit information or secure evidence from the personssuspected of having possession or 'nowledge of the property orwill of the deceased or of having concealed+ embe##led+ orconveyed away any of the property of the deceased

n such proceeding+ court has no authority to ad%udicatetitles or determine converted rights merely to investigate andta'e testimony for use in an independent action

C4ua /. Ab"lute Mana$e9ent Cr#6 %8,. f aftere4amination there is good reason for believing for believing that

the person so e4amined has property in his possession belongingto the estate+ it is the duty of the administrator+ by ordinaryaction to recover the same.

Sec. 6. 2erson entrusted with estate compelled to render account.

he court+ on complaint of an e4ecutor or administrator+ may cite aperson entrusted by an e4ecutor or administrator with any part of theestate of the deceased to appear before it+ and may reDuire suchperson to render a full account+ on oath+ of the money+ goods+ chattels+bonds+ accounts+ or other papers belonging to such estate as came tohis possession in trust for such e4ecutor or administrator+ and of hisproceedings thereon and if the person so cited refuses to appear torender such account+ the court may punish him for contempt as havingdisobeyed a lawful order of the court.

Sec. ?. Embe##lement before letters issued.

f a person+ before the granting of letters testamentary or ofadministration on the estate of the deceased+ embe##les or alienatesany of the money+ goods+ chattels+ or effects of such deceased+ suchperson shall be liable to an action in favor of the e4ecutor oradministrator of the estate for double the value of the property sold+embe##led+ or alienated+ to be recovered for the benefit of such estate.

NOTES AND CASES- ouble value rule does not apply to the manager of acompany who carries on the business after the death of hisprincipal and applies the proceeds of sale to the payment of debtscontracted in running the business. rule contemplates of an embe##lement or alienation whichcauses the estate to lose the property converted by the

wrongdoer (5arshall v. !nthal#)

Sec. 8. 2roperty fraudulently conveyed by deceased may be recoveredAhen e4ecutor or administrator must bring action.

Ahen there is deficiency of assets in the hands of an e4ecutor oradministrator for the payment of debts and e4penses of administration+and the deceased in his lifetime had conveyed real or personalproperty+ or a right or interest therein+ or a debt or credit+ with intent todefraud his creditors or to avoid any right+ debt+ or duty or had soconveyed such property+ right+ interest+ debt+ or credit that by law theconveyance would be void as against his creditors+ and the sub%ect ofthe attempted conveyance would be liable to attachment by any ofthem in his lifetime+ the e4ecutor or administrator may commence and

prosecute to final %udgment an action for the recovery of such property+right+ interest+ debt+ or credit for the benefit of the creditors but heshall not be bound to commence the action unless on application of thecreditors of the deceased+ nor unless the creditors ma'ing theapplication pay such part of the costs and e4penses+ or give securitytherefor to the e4ecutor or administrator+ as the court deems eDuitable.

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court+ or to the e4ecutor or administrator+ within two (7) years from thetime limited for other creditors to present their claims+ it may beallowed by the court if not disputed by the e4ecutor or administrator+and+ if disputed+ it may be proved and allowed or disallowed by thecourt as the facts may warrant.f the contingent claim is allowed+ the creditor shall receive payment tothe same e4tent as the other creditors if the estate retained by the

e4ecutor or administrator is sufficient.0ut if the claim is not so presented+ after having become absolute+within said two (7) years+ and allowed+ the assets retained in the handsof the e4ecutor or administrator+ not e4hausted in the payment ofclaims+ shall be distributed by the order of the court to the personsentitled to the same but the assets so distributed may still be appliedto the payment of the claim when established+ and the creditor maymaintain an action against the distributees to recover the debt+ andsuch distributees and their estates shall be liable for the debt inproportion to the estate they have respectively received from theproperty of the deceased.

f the contingent claim matures after the e4piration of 7

years+ the creditor may sue the distributees+ whose liability isproportionate to the shares in the estate received by them Rule ??.J is the only instance wherein a creditor may file anaction against the distributee of the estate he contingent claims must first have been established andallowed in the probate court before the creditors can file an actiondirectly against the distributees

Sec. I. $ourt to fi4 contributive shares where devisees+ legatees+ orheirs have been in possession.

Ahere devisees+ legatees+ or heirs have entered into possession ofportions of the estate before the debts and e4penses have been settled

and paid+ and have become liable to contribute for the payment of suchdebts and e4penses+ the court having %urisdiction of the estate may+ byorder for that purpose+ after hearing+ settle the amount of their severalliabilities+ and order how much and in what manner each person shallcontribute+ and may issue e4ecution as circumstances reDuire.

he hereditary property is the part that remains after thesettlement of all lawful claims against the estate. he heirs and distributees are liable individually for thepayment of all lawful outstanding claims against the estate inproportion to the amount received by them.

o Pa"tr /. CA6 %0,. Since a legacy is not a debt of

the estate+ legatees are among those against whome4ecution may issue.

Sec. 6. rder of payment if estate insolvent.

f the assets which can be appropriated for the payment of debts arenot sufficient for that purpose+ the e4ecutor or administrator shall pay

the debts against the estate+ observing the provisions of !rticles 1


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Sec. 11. rder for payment of debts.

0efore the e4piration of the time limited for the payment of the debts+the c

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LSG Barops Special Proceedings Reviewer