Spec Pro - Rule 72-90
Spec Pro - Rule 72-90
Spec Pro - Rule 72-90
OF CONTENTS
Pages
RULE 72. SUBJECT MATTER AND APPLICABILITY OF
GENERAL RULES
Special proceeding defined
Ordinary action distinguished from special proceeding
Special proceeding a distinct and independent
proceeding
Nature of special
Petition for liquidation of an insolvent corporation a special
proceeding
Petition for corporate rehabilitation a special proceeding
PROCEEDINGS
Cases covered by
Other cases involving
Petition for corporate rehabilitation
Proceedings for recognition and enforcement of arbitration
agreement, etc
Special proceedings: how commenced 10
Applicable rules in special proceedings 10
Jurisdiction over special proceedings cases 11
Distinction between final and interlocutory orders not strictly
applicable 12
SECTION 2, RULE 72. APPLICABILITY OF RULES OF
Venue for ordinary civil actions and for special proceedings have
the same meaning; residence defined
21
Distinction between "residence" under election laws and for
purposes of fixing the venue of actions under the Rules of
Court21 What determines
venue?22
viii
jurisdiction; case laws 26
Domicile of the testator affects only the venue but not the
jurisdiction 27 Wrong
venue in probate a waivable procedural defect 27
Jurisdiction over probate proceedings 28
Limited jurisdiction of probate courts 28
Powers and duties of the probate court 29
Probate court powerless to act on property rights from
contracts 30
Probate court as a trustee30
Ex-parte proceeding54
summary settlement
Distributees to receive and enter into possession
page
65
Claims of
heirs adverse to
decedent's;
exception 65
SECTION 3, RULE
74. BOND TO BE
FILED BY
DISTRIBUT
EES66
Bond to be
filed;
amount66
SECTION 4,
RULE 74.
LIABILITY OF
DISTRIBUTEES
AND
ESTATE66
When
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6
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Two-year
prescriptive
period67
Rule
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Buyers
bound by
annotation per
Section 4 of Rule
7471 SECTION 5,
RULE 74. PERIOD
FOR CLAIM OF
MINOR
OR
INCAP
ACITA
TED
PERSO
N71
Period
to
presen
t a
claim
for a
minor,
incapa
citate
d
perso
n,
Effect
o
f
S
e
c
ti
o
n
5,
R
ul
e
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2
RULE 75.
PRODUCTION
OF WILL.
ALLOWANCE OF
WILL
NECESS
ARY73
Yii
SECTION 1,
RULE 75.
ALLOWANCE
NECESSARY,
CONCLUSI
VE AS To
EXECUTIO
N
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Will
defined74
Probate or
allowance
of will
defined74
Probat
e
d
oe
s
n
ot
de
al
wi
th
th
e
in
tri
ns
ic
va
lid
ity
of
th
e
wi
ll7
5
Probate of
will
mandatory7
5
Nature of
action or
proceeding;
how
determined
76
Notice
by
publica
tion
essenti
al to
validity
of the
procee
ding
77 Who
may
file a
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petition
for
probat
e
78
Venue and
jurisdiction;
proper court
78
Probat
e
co
ur
t
be
re
ft
of
p
o
w
er
to
ad
ju
di
ca
te
tit
le
to
pr
o
pe
rti
es
79
79
Probat
e
co
nc
er
ne
d
on
ly
wi
th
th
e
de
te
r
mi
na
ti
on
of
th
e
ex
tri
ns
ic
va
lid
ity
of
a
wi
ll
80
Probate
pr
oc
ee
di
ng
s
no
t
ad
ve
rs
ari
al;
be
st
ev
id
en
ce
to
be
pr
es
en
te
d
80
Probate
of
a
wi
ll
co
nc
lus
iv
e
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as
to
its
du
e
ex
ec
uti
on
an
d
va
lid
ity
80
Proced
ure
after
deliver
y will to
court
or
upon
filing of
petition
for
probat
e
81
Impres
criptibil
ity of
probat
e
82
Intesta
cy is
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subordi
nate to
testacy
82
Doubts to
be resolved
in favor of
testacy
82
Testate
pr
oc
ee
din
gs
for
th
e
se
ttl
em
en
t
of
th
e
est
ate
of
a
de
ce
as
ed
pe
rso
n
tak
e
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pr
ec
ed
en
ce
ov
er
int
est
ate
pr
oc
ee
din
gs
83
SECTION 2,
RULE 75.
CUSTODIAN OF
WILL TO
DELIVER
83
Duty of
the custodian
of the will to
deliver it to
the court or
to the
executor
83 SECTION
3, RULE 75.
EXECUTOR
TO PRESENT
WILL
Duty
of
the
exec
utor
nam
ed in
the
will
SECTION 4,
RULE 75.
CUSTODIAN
AND
EXECUTOR
84
SUBJ
ECT
TO
FINE
FOR
NEG
LECT
Person
failing to
deliver a
will may
be
ordered
RULE 76.
ALLOWANCE OR
DISALLOWANCE OF
WILL 84 SECTION 1,
RULE 76. WHO MAY
PETITION FOR THE
86
ALLOWANCE OF WILL
Who may petition for the probate of a will
Indirectly
interested person cannot interfere in
probate
Mere copy of
the will
attache
d to
the
petitio
n
deeme
d
sufficie
nt92
Delivery of
the will to
the court
sufficient
even if no
petition
filed yet
92 Effect of
probate of
a will
93
SECTION 2, RULE
76.
CONTENTS
OF
PETITION
93
Contents
of the
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petition
for
probate
93
Jurisdictio
nal facts
94 When
the
probate
court may
rule on
issues
other than
the
intrinsic
validity of
a will; case
laws
94
Due
exec
ution
of
the
will
or its
extri
nsic
validi
ty
defin
ed96
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97
SECTION 3, RULE 76. COURT TO APPOINT TIME FOR
PROVING WILL. NOTICE THEREOF TO BE
PUBLISHED
Requisites execution
of due
When
may the
court act
on a will
delivere
d to it
Notice
requi
red
to be
pers
onall
y
give
n
only
to
kno
wn
heirs
,
99
Three weeks
successively
construed
100
SECTION 4,
RULE 76.
HEIRS,
DEVISEES,
LEGATEES,
AND
EXECUTORS
TO BE
NOTIFIED BY
MAIL OR
100
Notice of the
time and place
of hearing
100
Persons to be
given notice
100
Modes and
periods of
notification
101
Probate
of a
will
a
proc
eedi
ng
in
rem
;
noti
ce
by
publ
icati
on a
con
stru
ctiv
e
noti
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ce
to
the
who
le
worl
d
101
Where notice
not necessary
101
SECTION 5, RULE
76. PROOF AT
HEARING. WHAT
SUFFICIENT
IN ABSENCE
OF CONTEST
101
Publication
and notice
must be
shown first
102
Uncontested
will; how
proved
102
Uncontested
notarial wills
102
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Uncontested
holographic
wills
102
Conteste
d
not
aria
l
will;
an
inst
anc
e
wh
ere
a
part
y
ma
y
imp
eac
h
ow
n
wit
nes
s
103
Contested
holographic
will
103
Lost or
dest
roy
ed
hol
ogr
aph
ic
will
s
can
not
be
pro
bat
ed;
exc
epti
on
104
Proof of will
104
SECTION 6,
RULE 76.
PROOF OF
LOST OR
DESTROY
ED WILL.
CERTIFIC
ATE
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THEREUP
ON
1
04
Facts
that
sho
uld
be
pro
ved
to
allo
w a
lost
or
dest
roye
d
will
104
Lost or
dest
roy
ed
will
not
pro
ved
by
bar
e
testi
mo
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ny;
exc
epti
on
105
SECTION 7, RULE
76. PROOF
WHEN
WITNESSES DO
NOT RESIDE
IN
PROVINCE
106
Proof when
the witnesses
are not
residents of
the
106
pro
vinc
e
SECTION 8, RULE
76. PROOF WHEN
WITNESSES
DEAD OR
INSANE OR
DO NOT
RESIDE IN
THE
106
Proof
whe
n
the
wit
nes
ses
are
dea
d,
insa
ne
or
do
not
resi
de
in
the
Phili
ppi
nes
106
SECTION 9, RULE
76. GROUNDS
FOR
DISALLOWING
WILL page
Grounds for disallowing a will under the Rules of 107
Grounds for disallowing a will under the Civil Code 107 Lists
exclusive; no other grounds that would disallow 107
xvi
Reprobate; requisites before a will proved in a foreign country
may be allowed in the Philippines; effects of probate115
"original will"120
EFFECT THEREOF121
Effect of reprobate121
Philippines122
Law
that governs the intrinsic validity of a
Probate of wills executed by foreigners
abroad124
125
Philippines
P
hilippin
e
xvii
BLE
page
Court to grant letters testamentary or letters of
administration with the will annexed126
defined 133
Integrity defined
133
xix
150
Jurisdictional facts
Factual basis of
the
proceedings; when no jurisdiction conferred151
is
Motion to dismiss based on lack of legal capacity to institute
the action 151
Objection to petition may be barred by waiver or estoppel
151
SECTION 3, RULE 79. COURT TO SET TIME FOR
HEARING. NOTICE THEREOF 151
Notice of time and place of hearing of the petition
152
Publication and service of notice to all interested parties
152
Purpose of notice through publication
152
Effect of lack of notice 152
Notice by publication a jurisdictional requirement
153 SECTION 4, RULE 79. OPPOSITION TO PETITION FOR
ADMINISTRATION 153
Petition may be opposed only by an interested person 153
Grounds for opposing petition
153
Contingent interest does not make an interested party 154
SECTION 5, RULE 79. HEARING AND ORDER FOR
LETTERS TO ISSUE154
Proof of notice given as required154
154
Failure to register letters of administration and will;
effect
Transfer of certificate of title to administrator's name 15
a clear repudiation of 5
trust
155
RULE 80. SPECIAL ADMINISTRATOR 156
SECTION 1, RULE 80. APPOINTMENT OF SPECIAL
ADMINISTRATOR 157
157
Special administrator defined
Special administrator as administrator of the estate and officer of 157
the court
Instances when a probate court may appoint a special 158
administrator 158
Appointment of a special administrator; when justified
SPECIAL PROCEEDINGS:
AN EXHAUSTIVE EXPOSITION
Adoption;
Rescission and revocation of adoption;
(g) Hospitalization of insane persons;
(h) Habeas corpus;
Chan e of name;
Adversarial B Petition
How res onded to
Exclusionary rule
The court first taking cognizance of the
settlement of the estate of the decedent shall
exercise jurisdiction to the exclusion of all other
courts. This is called the "exclusionary rule. "
The probate court acquires jurisdiction from the
moment the petition for the settlement of estate is
filed with the said court. It cannot thereafter be
divested of such jurisdiction by the subsequent acts
of the parties such as:
(a) entering into an extrajudicial partition settlement
(Sandoval v. Santiago, GR L-1723, May 30,
1949, 83 Phil. 784); or
(b) filing of another petition for settlement in a proper
court of concurrent venue (De Borja v. Tan, GR L-
6476, Nov. 18, 1955, 97 Phil. 872).
Presumptive death
(b) judicially, through an ordinary action for partition (Guico v. Bautista, GR L-14921, Dec. 31,
1960, 110 Phil. 584).
The underlying principle for this rule is that when a person dies without leaving pending
obligations to be paid, his heirs, whether of age or not, are not bound to submit the property to a
judicial administration, which is always long and costly, or to apply for the appointment of an
administrator by the court. In such case, the judicial admini-
48
What constitutes "good reason" to warrant a judicial administration of the estate of a deceased when
the heirs are all of legal age and there are no creditors will depend
49
(2) To avoid multiplicity of suits (Intestate Estate of Mercado v. Magtibay, GR L-6829, Dec.
29, 1954, 96 Phil. 383); and
(3) To have legal capacity to appear in the intestate proceedings (Utulo v. Pasion Vda. de
Garcia, GR 45904, sept. 30, 1938, 66 Phil. 303).
Substantive requisites
The conditions which must first be satisfied before an
extrajudicial settlement of the estate can be resorted to
are:
The decedent left no will;
(2) The decedent has no debts or his debts have been fully paid or, if the decedent has
incurred any debts, it is sufficient that such debts have been paid at the time of the
extra-judicial settlement (Guico v. Bautista, GR L-14921, Dec. 31, 1960, 110 Phil, 584);
(3) The heirs are all of legal age or the minors are duly
represented by their judicial or legal
representatives; and
50
(4) A public instrument (and a bond equivalent to the value of personal property involved)
is duly executed by the heirs and filed with the Register of Deeds.
51
52
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SPECIAL PROCEEDINGS: AN EXHAUSTIVE EXPOSITION
tiement, notwithstanding its publication, shall not be binding on any person who
has not participated therein or who had no notice thereof. [Sec.
(d) A corresponding bond must be filed equivalent to the value of the personal
property subject of the division. Such bond, however, is required only when
personalty is involved. The bond is the value of the personal property certified to by
the parties under oath and conditioned upon the payment of just claims filed under
Section 4, Rule 74 of the Rules of Court.
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RULE 74
Ex-parte proceeding
The procedure outlined in Section 1 of Rule 74 is an ex parte proceeding. The rule plainly
states, however, that persons who do not participate or had no notice of an extrajudicial
settlement will not be bound thereby.
It contemplates a notice that has been sent out or issued before any deed of settlement and/or
partition is agreed upon (i.e., a notice calling all interested parties to participate in the said deed
of extrajudicial settlement and partition), and not after such an agreement has already been
executed (Cua v. Vargas, GR No. 156536, Oct 31, 2006, 506 SCRA 374).
The requirement of publication is geared for the protection of creditors and was never intended
to deprive heirs of their lawful participation in the decedent's estate (Cua v. Vargas, GR 156536,
Oct. 31, 2006, 506 SCRA 374).
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SPECIAL PROCEEDINGS: AN EXHAUSTIVE EXPOSITION
The reason for the rule that excludes partition from the operation of the statute of frauds is
that partition is not a conveyance but simply a separation and designation of that part of the
land which belongs to each tenant in common.
Moreover, the statute of frauds does not declare the contracts therein enumerated void and of
no legal effect but only makes ineffective the action for specific performance (Almirol v.
Montserrat, GR 23717, sept. 28, 1925, 48
Phil. 67)•
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SPECIAL PROCEEDINGS AN EXHAUSTIVE EXPOSITION
56
tion when it has been completely or partly performed (Hernandez v. Andal, GR L-273, Mar. 29, 1947,
78 Phil. 196).
The efficacy of a partition as between the parties is not made dependent on the execution of a
public instrument and its registration. The requirement that a partition be put in a public document
and registered has for its purpose the protection of creditors and at the same time the protection
of the heirs themselves against tardy claims.
The last sentence of the section speaks of debts and creditors. The object of registration is to serve
as a constructive notice to others. The intrinsic validity of partition not executed with the
prescribed formalities does not come into play when there are no creditors or no rights of creditors
are affected. There being no rights of creditor s involved, the heirs of an estate can enter into an
agreement for distribution in a manner and upon a plan differen t from those provided for by law
(Hernandez v. Andal, GR L-273, Mar. 29, 1947, 78 Phil. 196).
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SPECIAL PROCEEDINGS: AN EXHAUSTIVE EXPOSITION
(1) The creditor may ask for the administration of
enough property of the estate sufficient to pay the
debt but the heirs cannot prevent such
administration by paying the obligation
(McMicking v. Sy Conbieng, GR 6871, Jan. 15,
1912, 21 Phil. 211);
(2) Where the estate has been summarily settled, the
unpaid creditor may, within the two-year period,
file a motion in the court wherein such summary
settlement was had for the payment of his credit.
After the lapse of the two-year period, an ordinary
action may be instituted against the distributees
within the statute of limitations but not against
the bond; and
(3) The party defrauded may file an action to annul a
deed of extrajudicial settlement on the ground of
fraud within four (4) years from the discovery of
the fraud (Gerona v. De Guzman, GR L-19060, May
29, 1964, 11 SCRA 153).
Finality of partition
The partition should be considered as a final
settlement of the estate of the deceased (Mendiola v.
Mendiola, GR 26977, Nov. 27, 1906, Phil. 71).
58
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RULE 74
(a) Claim against the bond or real estate or
both; if 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, at any time within two (2) years
after the settlement and distribution of an
estate, the aggrieved party may claim
against the bond or against the real estate
belonging to the deceased or both;
(b) Petition for relief from judgment (Rule 38, ROC) based on the grounds of
fraud, accident, mistake or excusable negligence which must be filed within
sixty (60) days after the petitioner learns of the judgment, final order or
other proceeding sought to be set aside and not more than six (6) months
after such judgment or final order was red ;
59
It may be filed any time before the rendition of judgment by the trial court but
within the reglementary period of two (2) years;
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SPECIAL PROCEEDINGS: AN EXHAUSTIVE EXPOSITION
should be filed within four (4) years from the
discovery of the fraud (Gerona v. De Guzman,
GR L-19060, May 29, 1964, 11 SCRA 153); and
(g) Reconveyance of real property.
Remedies for an aggrieved co-heir
After an extrajudicial settlement is approved by the court, any aggrieved party has the alternative
remedy of filing either:
60
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RULE 74
The remedy of an heir who did not participate in or
had no knowledge of the extrajudicial partition is to file
an action for reconveyance.
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SPECIAL PROCEEDINGS: AN EXHAUSTIVE EXPOSITION
intention to create a trust, but one which arises in order to satisfy the demands of justice
(Canezo v. Rojas, GR 148788, Nov. 23, 2007, 538 SCRA 242).
Resulting trusts arise from the nature or circumstances of the consideration involved in a
transaction whereby one person becomes invested with legal title but is obligated in equity
to hold his title for the benefit of anOther. This is based on the equitable doctrine that
valuable COnsideration and not legal title is determinative of equitable title or interest and is
always presumed to have been COntemplated by the parties (Buan Vda. de Esconde v. CA,
GR 103635, Feb, 1, 1996, 323 Phil. 81).
the nature of their transaction (Sa/ao v. Salao, GR L. 26699, Mar. 16, 1976, 70 SCRA 65).
The filing of an action for reconveyance despite the lapse of ten (10) years is permissible when
such action is based on fraud which action is imprescriptible as long as the land has not passed
to an innocent purchaser for value (Rodriguez v. Director of Lands, GR L-9941, Aug. 7, 1915, 31
Phil. 272).
63
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RULE 74
the estate of a deceased is valued;
(2) his debts, if any, are paid;
(4) the heirs and legatees are declared and distribution to them is made.
This procedure is allowed when the gross value of the decedent's estate does not
exceed ten thousand pesos (PIO,OOO.OO). The sales ordered by the probate court for payment
of debts are final and are not subject to legal redemption (Abarro v. De Guia, GR L-47317, June
10, 1941, 72 Phil. 245).
(a) The gross value of the estate must not exceed ten thousand pesos (P 10,000);
(b) The petition must state the fact regarding the gross value of the estate;
(c) The date of the hearing shall be set by court such that the same shall be held not
less than one (1) month nor more than three (3) months from the date of the last
publication of the notice of hearing required to be published once a week for three
(3) consecutive weeks in a newspaper of general circulation in the province;
(d) The notice shall be served upon such interested persons as the court may direct. A
summary settlement is not binding upon the heirs or creditors who were not parties
therein or had no knowl-
64
SETTLEMENT SETTLEMENT
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SPECIAL PROCEEDINGS: AN EXHAUSTIVE EXPOSITION
It requires
It requires no court Judicial re- summary
intervention. course court
ad'udication.
The gross estate
The value of the Value of the
estate is immaterial. estate must not exceed
PIO,OOO.
It is allowed in
It is allowed only in Scope of both
intestate succes-
application testate and
intestate
sion. successions.
It is available even
It is available only When available if
if there are no out- there are estate
standing debts of debts since it is
the
the estate at the court which will
make
time of the settle- provisions for
their
ment. a ment.
It may be resorted Who ma It may be instituted
to at the instance institute by any interested
and by agreement party even by a
of all the heirs. creditor of the
estate
without the consent of
all the heirs.
65
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RULE 74
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SPECIAL PROCEEDINGS: AN EXHAUSTIVE EXPOSITION
Before allowing a partition in accordance with the provisions of Section 2, Rule 74 of the Rules of
Court, the court may require the distributees, if property other than real is to be distributed, to file a
bond in an amount to be fixed by it, conditioned on the payment of any just claim which may be filed
under Section 4, Rule 74 of the Rules
of Court.
Under a summary settlement, the amount of bond required is to be determined by the court while in
an extrajudicial settlement, the amount of bond shall be equal to the value of the personal property as
established by the instrument of adjudication.
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RULE 74
settlement and distribution of an estate, the aggrieved
party may claim against the bond or against the real
estate belonging to the deceased, or both (Domingo v.
Roces, GR 147468, Apr. 9, 2003, 401 SCRA 197).
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PROCEEDINGS. AN EXHAUSTIVE EXPOSITION
68 SPECIAL
(c) the rightful heirs bring an action to question the transfer within the two-year
period provided by law (Tan v. Beno/irao, GR 153820, Oct. 16, 2009, 604 SCRA 36).
70 SPECIAL
71
notice which binds the whole world by virtue of registration would be meaningless and illusory
(PEZA v. Fernandez, GR 138971, June 6, 2001, 358 SCRA 489).
RULE 76
93
steps to fix the time and place for proving the will and issue
the corresponding notices (Rodriguez v. De Borja, GR
L-21993, June 21, 1966, 17 SCRA 41).
103
(2) insane; or
109
either:
(a) testify against the due execution of the will; (b) do not
remember having attested to it; or
(c) are otherwise of doubtful credibility.
111
Contested holographic wills
in.
Order of preference
The rule lists a sequence to be observed, an order of
preference, in the appointment of an administrator. This
order of preference in the appointment of an administrator
categorically seeks out:
(1) the surviving spouse;
(2) the next of kin; and
(3) the creditors (Uy v. CA, GR 167979, Mar. 15,
2006, 484 SCRA 699).
"Next-of-kin" defined
In estate proceedings, the phrase "next of kin" refers to
those whose relationship with the decedent is such th at they
Extent of administration
The general rule universally recognized is that administration
extends only to the assets of a decedent found within the state or
country where it was granted so that an administrator appointed
in one state or country has no power over the property in another
state or country (Leon v. Manufacturer's Life Insurance Co., GR L-
3677, Nov. 29, 1951, 90 Phil. 459).
Under the provision of Section 1, Rule 79 of the Rules of Court, the term
"interested person" is held to mean as:
(1) one who would be benefited by the estate such as an her, or
(2) one who has a claimagainst the estatesuch as a credito whose
interest is material and direct and not merely incidental or
contingent (Teotico v. Del Val, GR L-18753, Mar. 26, 1965, 121
Phil. 392).
(3) the probable value,and charac e of the property of the estate; and
(4) the name of the person for whom letters of administration are
praye
But ncdefect in the petition shall render void the issuance of letters of
administration (Sec. 2, Rule 79, ROC).
Jurisdictional facts
79
151
Since the opening sentence of Section 2, Rule 79 requires that the petition
must be filed by an interested per son, then a motion to dismiss may lie otomthe
basisnf
(IacW00unsdiction on the part of the court but rather on the ground of lack of
egalupacl y,to institute the proceedings (Pilipinas Shell Petroleum Corp. v.
Dumlao, GR L-44888, Feb. 7, 1992, 206 SCRA 40).
Effectotlack of notice
The two (2) grounds for opposing t e petition for the issuance of letters of
administration are:
(1) the Incompetence of the person for whom letters
(2) the preferentiavright of the heirs under Rule 78" the Rules of
Court.
RULE 79
155
The failure to file with the:Regs erofrDeeds a certified true copy of the letters
of administration and the will as provided in Section 90 of Act 496 does-notnegatæthe
<'validity of the Judgment or decree underthe:will; Section 90 refers to the dealings
RI-A
SPECIAL
RULE 80
PECIAL ADMINISTRATOR
ser 2. Powers
and duties of special administra- is special administrator shall take possessionand sc
of goods; chattels, right>ecreditseand estate of the and preserve the same for
the executor or adaftemtards appointed, and for that purpose es commence and
maintain suits as administrator. He only such perishable and other property as the
orders sold. A specia dmnistrator shall ot be li pay any debts of the—
deceasedunless so ordered not
coGlD ing the
3. When powers of special administratr Gl-1
Transfer of effects; Pending suits.—When-IetterS, s @of administratiom are granted on
the esthe deceased, the powers of the special administracease, and he shall forthwith
delivertöthe is tororadmtnistratorthe goods, chattels, money, and estate cou deceased
in his hands. The executor or administra- enti prosecute to final judgment suits
commenæd bY ear cial administrator. 26,
157
SPECIAL
158
159
While the choice of the person lies within the court's discretion,
such discretion should not be a whimsical one but one that is reasona e
and logical andan accord wit fundamental legal princip es and justice
The fact that a judge is granted discretion does not authorize him
to become partial or to make his personal likes and dislikes prevail over
Such
or his passions to rule his discretion must be based on reason and it
must beprinciple
and
exercised within the limits
great waste and losses unless an authorized agent to lect the debts and
preserve the assets in the interim is appointed
The occasion for such an appointment likewise arises where, for
some cause, such as a pendency of a suit con. cerning the proof of the
will, regular administration is de. layed (De Guzman v. Guadiz, Jr., GR
L-48585, Mar. 31 1980, 96 SCRA 938).
198).
161
qualify;) tate he represents (Sec 8, Rule 86,
Roc
Duty to pav the
EXPOSITION s
162
RULE 80
163
gal
Ited (4) To sell-perishäblé'b/öééity and other property orderedsold
523 by the court; and
(5) To byAhe court (Sec. 2, Rule 80, ROC).
istrator is appointed (Reynoso v. Santiago, GR L-3039. Dec. 29, 1949, 85 Phil. 268).
A special administrator is appointed only:fora limited time andforæspeclfic
purpose. Because of the temporary and specialÆharacter of his appointme was
deemed by the law not advisable for any party to appeal from said appointment
(De Borja v. Tan, GR L-6476, Nov. 18, 1955, 97 Phil 872).
166
RULE 81
167
EX
168
623
ship (Luzon surety co., Inc. v. Quebrar, GR L-40517, Jan 31, 1984,
127 SCRA 296).
169
The term of a bond does not usually expire until the administration has
been closed and terminated in the manner directed by law. Thus, as
long as the probate court retains jurisdiction of the estate, the bond
contemplates a continuing liability notwithstanding the renewal of
the bond (Luzon Surety Co., Inc. v. Quebraf' GR L-40517, Jan. 31,
1984, 127 SCRA 296).
E TION 2 RULE 81. BOND OF EXECUTOR WHERE
DIRECTED IN WILL. WHEN FURTHER BOND REVIREO
(1) make and return a true inventory of the goods chattels, rights,
credits and estate of the de. ceased which come to his possession
or knowle edge;
(2) truly account for such as received by him when required by the
court; and deliver the same to the person appointed as ex. ecutor
or regular administrator or to such other person as may be
authorized to receive them (Commissioner of Internal Revenue v.
CA, GR 125355, Mar. 30, 2000, 385 Phil. 975).
82
173
RULE 82
REVOCATION OF ADMINISTRATION,
to nc
82
175
Testate proceedings for the settlement of the estate of the decedent take
precedence over intestate proceedings for the same purpose (Cuenco v. CA,
GR L-24742, Oct. 26, 1973, 53 SCRA 360).
If, in the course of intestate proceedings pending be. fore an RTC, it is
found it hat the decedent had left a last will, proceedings for the probate of
the latter should re. place the intestate proceedings even if at that stage an
administrator had already been appointed, the latter being required to
render final account and turn over the estate in his possession to the
executor subsequently appointed.
This, however, is understood to be without prejudice that
should the alleged last will be rejected or is disapproved, the
proceeding shall continue as an intestacy.
This a will is a enjoy clear priority indication over that intestate proceedings
proceedings for the (Uriarte probatev.tit
of
CFI of Negros, GR L-21938-39, May 29, 1970, 33 SCRA 252).
Mere discovery of last will and testament does not ipso facto nullify the
letters of administration already issued
Mere discovery of a last will and testament of the deceased, after the
appointment of an administrator Of theth latter's estate, upon the assumption
that he had died intestate, does not ipso facto nullify the letters of
administrati0n already issued or even authorize the revocation thereof' until the will
has been proved and allowed by the probate court (Advincula v. Teodoro, Sr.,
GR L-9282, May
1956, 99 Phil. 415). 31,
loi
177
How to proceed lies within the sound discretion of the court
Whether the intestate proceeding already commenced should be
discontinued and a new proceeding under a separate number and title
should be constituted is entirely a matter of form and lies within the sound
discretion of the court. In no manner does it prejudice the substantial rights
of any heirs or creditors (Reynoso v. Santiago, GR L-3039. Dec. 29, 1949, 85
Phil. 268).
After all, the interest of the creditor in the estate relates to the
preservation of sufficient assets to answer for the debt, and the general
competence or good faith of the administrator is necessary to fulfill such
purpose (Hilado.
v. CA, GR 164108, May 8, 2009, 587 SCRA 464).
Grounds for the removal of an executor or administrator
179
Degree of prudence, care andjudgment required of an
administrator
Under Section 3, Rule 82 of the Rules of Court, the lawful acts of the
executor or administrator before the revocation of his letters testamentary or
of administration or before his removal shall have the same validity as if
there was no such revocation or removal.
in.
Retum of inventory and appraisal of the estate
Within three (3) months after his appointment, theestate
ecutor or administrator shall return to the court a true
ventory and appraisal of all the property of the which has order
come into his possession or knowledge. his or
In the appraisal of such estate, the court may one or
more of the inheritance tax appraisers to give their
assistance (Sec. 1, Rule 83, ROC).
(1) shall have the like powers to collect and settle the 83 of n
estate not administered that the former execu- real p
tor/administrator had; s
(2) may prosecute or defend actions commenced by or against the t
former executor or administrator,
and c
"which l
(3) may have execution on judgments recovered in the name of
such former execution or administratore signi-
the
f
r
The authority granted by the court to the former c
ecutor or administrator to sell or mortgage real estate may a
r
reg-
The three-month period prescribed in Section 1, Rule 83
of the Rules of Court is not mandatory. After the filing Of a
petition for the issuance of letters of administration and the
publication of the notice of hearing, the proper Regional
Trial Court acquires jurisdiction over a decedent's estate and
retains that jurisdiction until the proceeding is closed.
The fact that an inventory was filed after the
threemonth period would not deprive the probate court of
jurisdiction to approve it. However, an administrator's
unexPlained delay in filing the inventory may be a ground
for
his removal pursuant to Section 2, Rule 82 of the
Rubs court (Sebial v. Sebial, GR L-23419, June 27,
1975, SCRA 385).
Administrator not chargeable with administration
of the estate not in his possession
The administrator is not chargeable with the
administration of the estate which has not come to his
posses. sion. He is however, accountable for the true and
com. plete inventory of all the property belonging to the
state which has come to his knowledge.
SECTION 2 RULE 83. CERTAIN ARTICLE the family of the de. NOT TO
BE INVENTORIED court, shall not
be con. as such and
Provisions for subsistence of shall not Rule 83, ROC).
decedent's family not to be
part of inventory may
The wearing apparel of
the surviving husband or wife and person may be included in
minor children, the marriage bed of the estate and the
and bedding and such provisions inclusion, but such order is
does not preclude the
and other articles as will necessarily
be ordinary civil action for the
SPECIAL
Allowance defined
Allowance refers to the monetary port to the widow
and children which tion and are likewise deductible shares
in the estate of the decedent.
187
BOND MAY
PARTY TO ACCOUNTING
Claims defined
Mode of appeal
The mode of appeal is
record of appeal which
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General rule
The general rule, therefore, is that no action upon a
claim for recovery of money or debt or interest shall be
commenced against the executor or administrator, as
the creditor's rgmedy is to file a claim in the proceedings for
settlement of the deceased debtor's estate.
Exception to rule
As a general rule, "no action upon a claim for the
recovery of money or debt or interest thereon shall be
commenced against the executor or administrator" because
the creditor's remedy is to file the proper claim in the
proceeding for the settlement of the deceased debtor's
estate within the period fixed in the Statute of non-claims
(Secs. 2 and 5, Rule 86 and sec. 1, Rule 87, ROC).
a case where the original judgment has
become stale because of its non-execution after the
lapse of five years (Sec. 6, Rule 39, ROC), the same cannot
Fact-finding proceeding
A proceeding under Section 6, Rule 87 of the Rules of
Court is merely in the nature of fact-finding inquiries
(Punongbayan v. Punongbayan, GR 156842, Dec. 10, 2004,
446 SCRA 100).
2
79 (c) If there are no assets sufficient to pay the
credits of any one class of creditors, each creditor
within such class shall be paid a dividend in proportion
to his claim (Sec. 8, Rule 88, ROC);
(d) Where the deceased was a nonresident, his
estate in the Philippines shall be disposed of in
such a way that creditors in the Philippines and
elsewhere may receive an equal share in
proportion to their respective credits (Sec. 9,
Rule 88, ROC);
(e) In case of claims duly proved against the estate
of an insolvent resident of the Philippines, the
executor or administrator who has had the
opportunity to contest such claims shall be
included in the certified list of claims proved
against the deceased. The owner of such claims
shall be entitled to a just distribution of the
estate in accordance with Section 6, Rule 88 of
the Rules of Court if the property of such
deceased person in another country is likewise
equally apportioned to the creditors residing in
the Philippines and other creditors according to
their respective claims (Sec. 10, Rule 88, ROC);
and
20
try and add the same to the list of claims proved against
the deceased person in the Philippines so that a just
distribution of the whole estate may be made equally
among all its creditors according to their respective claims
(Sec. 10, Rule 88, ROC).
291
OR FORECLOSURE
Probate court may authorize the sale, mortgage
or other encumbrance of acquired real property
The probate court may authorize an executor or
ad. ministrator to sell mortgage, or otherwise
encumber real estate acquired by him on execution
or foreclosure sale under the same circumstances
and under the same regulations as prescribed in
Section 6, Rule 89 of the Rules of Court for the sale,
mortgage or other encumbrance of other real estate
(Sec. 6, Rule 89, ROC).
SECTION 7 RULE 89. REGULATION FOR GRANTING
AUTHORITY TO SELL MORTGAGE OR OTHERWISE
ENCUMBER ESTA TE
Partition defined
641).
Delgadon of heirs
If the special proceedings are pending, or if there
are no special proceedings filed but there is, under the
cir. cumstances of the case, a need to file one, then
the de. termination of, among other issues, heirship
should be raised and settled in said special
proceedings. Where special proceedings had been
instituted but had been fl. nally closed and terminated,
however, or if a putative heir has lost the right to have
himself declared in the special proceedings as co-heir
and he can no longer ask for its re. opening, then an
ordinary civil action can be filed for his declaration as
heir in order to bring about the annulment of the