RULE 78

Section 1

Intoxication

 Effect produced is to such extent that the normal condition of the subject is changed and capacity for rational action and
conduct is substantially lessened
o Something more gross than occasional intoxication
o It is only when their habits of drink are carried so far as to cloud the brain and weaken their respect for honesty and
integrity
o That excessive, inveterate and continued use of intoxicants, to such an extent as to render the subject of the habit as
unsafe against to entrust with the care of property or the transaction of business.

Improvidence

 Lack of care, foresight, or business capacity endangering the safety of the estate, and capacity for care and foresight need not
be evidenced by the accumulation of any considerable estate

Want of understanding

 There will be disqualification where it amounts to lack of intelligence, and although it has been held the weakness of mind
not amounting to want of understanding will not disbar one from his right to administer there is also authority for the view
that weakness of mind as well, such as would or might subject one to sinister influence or coercion against the general
interest of the estate will constitute a sufficient objection

Want of integrity

 Integrity means soundness of moral privilege and character, as shown by a person's dealing with others, in the making and
performance of contracts, in fidelity and honesty in the discharge of trust
 To sustain a judgment of want of integrity — the accusation should be certain and grave in its nature, and must be
established by proof which would at least approach the certainty required for conviction in a criminal prosecution

Moral turpitude
  An act of baseness, vileness or depravity in the private and social duties which a man owes his fellow men, to society in
general, contrary to the accepted and customary rule of right and duty between man and woman or conduct contrary to
justice, honesty, modesty or good morals
 Antagonism to those interested in an estate may be taken into consideration when deteninning the fitness of a person as an
executor or administrator

Others:

 List is exclusive
 Except that of fraud, in any separate or independent action or proceeding
o Residence must be more than temporary

Notes

 Rule 78 sets out an order of preference in the appointment

o However, it is not absolute and may be disregarded for valid cause
 Mere failure to apply for letters of administration does not remove the preference
 The 30 day period is also not absolute and may be disregarded for valid cause
 “Next of kind” are those persons who are entitled under the statute of distribution to the decedent’s property

Effect of Appeal

 Old administrator has the right to continue as such until the appeal (for new administrator) is finally disposed of

Limit of administration

 Only limited to the property within the country

RULE 79

Section 2

 Cannot defeat the petition by raising issues and matters that are irrelevant and immaterial to the said petition
  Defects in the petition may be cured by failure to make a timely objection

Jurisdictional facts

 Death of the testator

 Residence at the time of death/presence of property in the province where the probate court is sitting
 There is a difference in jurisdiction acquired under this section and jurisdiction over the person, which can only be acquired
by notice

Interested person

 One who would be benefited by the estate, such as an heir, or one who has a claim against the estate, such as a creditor; this
interest must be material and direct, not merely indirect or contingent
 This requisite may be barred by waiver or estoppel

RULE 80

Section 1

 De Guzman v Angeles: The Supreme Court held the notice through publication of the petition is a jurisdictional requirement
even in the appointment of a special administrator. Herrera: Court did not rule on the issue of WON notice is needed to
appoint special administrator if there is an emergency
 Order of appointment is Rule 78 is not applicable. But this does not entitle judge to make partial choices
 The reason for the practice of appointing a special administrator rests in the fact that estates of decedents frequently involved
in protracted litigation, thereby being exposed to great waste and losses if there is no authorized agent to collect the debts and
preserve the assets in the interim

Section 2

 Special Administrators are officers of the court and while they may have respective interests to protect, they are officers
 of the Court subject to the supervision and control of the Probate Court and are expected to work for the best interests of the
entire estate, its smooth administration, and its earliest settlement
 Submission of inventory must be done at a reasonable period
Section 3

 An order appointing a special administrator is interlocutory in nature and therefore cannot be appealed