RULE 76

Probate court is a court of limited jurisdiction.

General Rule: Jurisdiction of the trial court, it does not matter if it is intestate or testate
proceeding, the court acting in limited jurisdiction cannot act on issues of ownership that arises
during the proceeding because of the limited jurisdiction of the court.

Exception: 1. It can hear and pass upon issues of ownership when the purpose is to determine if
the property should be included in the inventory. It is not conclusive ruling on ownership.

2. all interested parties voluntarily ask the court to pass upon the issue of ownership.

Once the will is allowed in probate it is conclusive as to the due execution of the will. But you
have the right to appeal.

The decree on probate settles the issue on the capacity of the testator and the proper execution
of the will and the witnesses.

Take note: the order of the probate court as to the allowance of the will is final if it is not
appealed. It is appealable.

If you look at Section 1 of Rule 109, it provides any interested person may appeal from the order
or judgment and paragraph (a) thereof includes allowance or disallowance of the will. If no timely
appeal is filed, the decree is final and conclusive. The appellate court can no longer revoke that
decree or review the same.

Determination is limited to ascertaining whether the testator was of sound mind and freely
executed the will in accordance with the formalities of the will.

It is not required to attach the will in the petition for probate because the rules provides that the
person in custody thereof should deliver to the court having jurisdiction within 20 days from the
knowledge of the death or the executor named in the will. The executor should deliver the will
and within such period should signify whether he/she accepts.

If the one in possession of the will refuses to deliver the will, the court may issue and order to
produce the will. He may be fined (2000.00) or committed to prison until he/she produces it as
provided in Rule 76.
The absence or failure to present the will will not bar the allowance of the will. If the will is in
possession of another or if it is lost or destroyed, you may still file for probate of the will.

Who may file for probate of the will?

- Executor, legatee, devisee or testator himself during his/her lifetime, and any other
person interested in the estate such as the creditor.

In case of the creditor, we learned that under civil procedure that in case the party dies during the
proceeding of the case, you need to inform the court of the death of such party, and require
someone to substitute. If there is no one to substitute, the creditor may institute the proceedings
for the appointment of an administrator. Meaning, he will institute the settlement of estate
proceedings.

The creditor is interested because dun sya mababayaran.

What should be contained in your petition?

a. Jurisdictional facts: death of the decedent, residence at the time of his death.
 o If he is a resident of a foreign country, the rules does not require that the will
should be probated abroad. But you can also probate it abroad and Reprobate
here.

b. The names, ages, and residences of the heirs, legatees, and devisees of the testator or
decedent;

c. The probable value and character of the property of the estate (gross value);

d. The name of the person for whom letters are prayed;

e. If the will has not been delivered to the court, the name of the person having custody of it.

But no defect in the petition shall render void the allowance of the will, or the issuance of letters
testamentary or of administration with the will annexed.

Take note: it does not provide that the original should be produced. In fact you can produce a
photocopy.

If sufficient, the court will fix the time and date. If there is no petition yet filed and the executor
went to the court to deposit the will, the court may motu propio takes steps to fix the time and
date and issue notice.

Notices that need to be complied with:

1. Section 3 of Rule 76, the court having jurisdiction, such court shall fix a time and place for
proving the will when all concerned may appear to contest the allowance thereof, and
shall cause notice of such time and place to be published three (3) weeks successively,
previous to the time appointed, in a newspaper of general circulation in the province.

But no newspaper publication shall be made where the petition for probate has been filed by the
testator himself.

It is a proceeding in rem, publication is needed to bind the whole world. Everyone will be bound
by the proceedings in the case. That’s why it is mandatory.

2. Section 4 of Rule 76, notice to legatees and devisees.

Failure to comply with Section 4, as long as Section 3 is complied, okay lang because of the
publication. It is a mere procedural error.

Section 6 of Rule 76. Proof of lost or destroyed will. You still need to No will shall be proved as a
lost or destroyed will unless the execution and validity of the same be established, and the will is
proved to have been in existence at the time of the death of the testator, or is shown to have
been fraudulently or accidentally destroyed in the lifetime of the testator without his knowledge,
nor unless its provisions are clearly and distinctly proved by at least two (2) credible witnesses.
When a lost will is proved, the provisions thereof must be distinctly stated and certified by the
judge, under the seal of the court, and the certificate must be filed and recorded as other wills are
filed and recorded.

Section 10 Rule 76. Contestant to file grounds of contest. — Anyone appearing to contest the will
must state in writing his grounds for opposing its allowance, and serve a copy thereof on the
petitioner and other parties interested in the estate.
Proofs:

A. In case of notarial will, and no one opposes, only 1 witness is required.

B. Holographic will, and no one opposes, at least 1 witness who knows the handwriting of
the witness. If none, expert testimony. Expert testimony is not binding to the court, it is
subject to the discretion of the court. You may also seek for deposition of witnesses.

C. The court may also admit witnesses as to the sanity of the testator at the time of
execution of the will. As between expert witness and a witness who knows the testator,
we will prefer the testator who know the testator.

D. If the will is contested, all the subscribing witnesses, and the notary in the case of wills
executed under the Civil Code of the Philippines, if present in the Philippines and not
insane, must be produced and examined, and the death, absence, or insanity of any of
them must be satisfactorily shown to the court. If all or some of such witnesses are
present in the Philippines but outside the province where the will has been filed, their
deposition must be taken. If any or all of them testify against the due execution of the will,
or do not remember having attested to it, or are otherwise of doubtful credibility, the will
may nevertheless, be allowed if the court is satisfied from the testimony of other
witnesses and from all the evidence presented that the will was executed and attested in
the manner required by law.

E. If a holographic will is contested, the same shall be allowed if at least three (3) witnesses
who know the handwriting of the testator explicitly declare that the will and the signature
are in the handwriting of the testator; in the absence of any competent witnesses, and if
the court deem it necessary, expert testimony may be resorted to.

F. The court may still allow the will even if the subscribing witnesses cannot remember,
provided that there are other evidence which sufficiently proves the allowance of the will.

G. It is not mandatory to provide all subscribing witnesses.

What are the grounds for the disallowance of the will?

(a) If not executed and attested as required by law;

(b) If the testator was insane, or otherwise mentally incapable to make a will, at the time of
its execution;

(c) If it was executed under duress, or the influence of fear, or threats;

(d) If it was procured by undue and improper pressure and influence, on the part of the
beneficiary, or of some other person for his benefit;

(e) If the signature of the testator was procured by fraud or trick, and he did not intend that
the instrument should be his will at the time of fixing his signature thereto.

(f) Article 839 of the Civil Code- exclusive list.

Section 13 of Rule 76. Certificate of allowance attached to prove will. To be recorded in the
Office of Register of Deeds. — If the court is satisfied, upon proof taken and filed, that the will
was duly executed, and that the testator at the time of its execution was of sound and disposing
mind, and not acting under duress, menace, and undue influence, or fraud, a certificate of its
allowance, signed by the judge, and attested by the seal of the court shall be attached to the will
and the will and certificate filed and recorded by the clerk. Attested copies of the will devising real
estate and of certificate of allowance thereof, shall be recorded in the register of deeds of the
province in which the lands lie.

RULE 77

Reprobate: Filing of a petition for allowance of a will probated abroad:

We will apply Rules of Evidence re public documents.

Need to comply with notice as provided under Section 3 and 4 of Rule 76.

Section 3 of Rule 77. When will allowed, and effect thereof. — If it appears at the hearing that the
will should be allowed in the Philippines, the shall so allow it, and a certificate of its allowance,
signed by the judge, and attested by the seal of the court, to which shall be attached a copy of
the will, shall be filed and recorded by the clerk, and the will shall have the same effect as if
originally proves and allowed in such court.

Section 4 of Rule 77. Estate, how administered. — When a will is thus allowed, the court shall
grant letters testamentary, or letters of administration with the will annexed, and such letters
testamentary or of administration, shall extend to all the estate of the testator in the Philippines.
Such estate, after the payment of just debts and expenses of administration, shall be disposed of
according to such will, so far as such will may operate upon it; and the residue, if any shall be
disposed of as is provided by law in cases of estates in the Philippines belonging to persons who
are inhabitants of another state or country.

RULE 78

Letters of administration with a will annexed- you have a will but there is no executor. There is a
executor but did not accept the trust.

For the appointment of executor and administrator, this is not an independent action. If there is
probate, it is included in the probate. Not an original action, unless there is no will.

Section 1 of Rule 78. Who are incompetent to serve as executors or administrators. — No

person in competent to serve as executor or administrator who:

a) Is a minor;

b) Is not a resident of the Philippines; and

c) Is in the opinion of the court unfit to execute the duties of the trust by reason of
drunkenness, improvidence, or want of understanding or integrity, or by reason of
conviction of an offense involving moral turpitude. Subject to the discretion of the
court.

Section 6, Rule 78: Order of preference.(the one to be appointed must have a direct interest in
the estate)

(a) To the surviving husband or wife, as the case may be, or next of kin, or both, in the
discretion of the court, or to such person as such surviving husband or wife, or next of
kin, requests to have appointed, if competent and willing to serve;

To establish an interest: establish filiation.

 Next of kin: entitled thereto, compulsory heir, illegitimate, legitimate.

Adopted child cannot say that he/she has an interest in the estate of the
adopters’ parents.

If there are 2 compulsory heirs: check their suitability.

(b) If such surviving husband or wife, as the case may be, or next of kin, or the person
selected by them, be incompetent or unwilling, or if the husband or widow, or next of kin,
neglects for thirty (30) days after the death of the person to apply for administration or to
request that administration be granted to some other person, it may be granted to one or
more of the principal creditors, if may be granted to one or more of the principal creditors,
if competent and willing to serve;

(c) If there is no such creditor competent and willing to serve, it may be granted to such
other person as the court may select.

Is the order of preference absolute?

No. The selection would be dependent on the attendant circumstances. It does not rule out the
appointment of several administrators. It is in the discretion of the court provided it is not
exercised arbitrarily.

Petition of mandamus is not applicable, unless the court will not or refused to appoint.

Section 2. Executor of executor not to administer estate. — The executor of an executor shall
not, as such, administer the estate of the first testator.

RULE 79

Who may oppose?

Section 1. Opposition to issuance of letters testamentary. Simultaneous petition for

administration. — Any person interested in a will may state in writing the grounds why letters
testamentary should not issue to the persons named therein as executors, or any of them, and
the court, after hearing upon notice, shall pass upon the sufficiency of such grounds. A petition
may, at the time, be filed for letters of administration with the will annexed.

The one who can oppose should be one who is interested in the will.

Article 824 of NCC- if no decedent or compulsory heir, then the ones interested would be the one
named in the will.

Section 3. Court to set time for hearing. Notice thereof. — When a petition for letters of
administration is filed in the court having jurisdiction, such court shall fix a time and place for
hearing the petition, and shall cause notice thereof to be given to the known heirs and creditors
of the decedent, and to any other persons believed to have an interest in the estate, in the
manner provided in sections 3 and 4 of Rule 76.

What is the procedure for the appointment?

1. File for petition for letters administration. Filed by interested party, alleging jurisdictional
facts. It can only be granted if the non-resident has properties in the Philippines.
Section 4. Opposition to petition for administration. — Any interested person may, by filing a
written opposition, contest the petition on the ground of the incompetency of the person for whom
letters are prayed therein, or on the ground of the contestant's own right to the administration,
and may pray that letters issue to himself, or to any competent person or person named in the
opposition.

Section 5. Hearing and order for letters to issue. — At the hearing of the petition, it must first be
shown that notice has been given as hereinabove required, and thereafter the court shall hear
the proofs of the parties in support of their respective allegations, and if satisfied that the
decedent left no will, or that there is no competent and willing executor, it shall order the
issuance of letters of administration to the party best entitled thereto.

Section 6. When letters of administration granted to any applicant. — Letters of administration

may be granted to any qualified applicant, though it appears that there are other competent
persons having better right to the administration, if such persons fail to appear when notified and
claim the issuance of letters to themselves.

X prayed for the termination of the special administration and appointed as co-administrator.
Appointment proper? No, because there must be filing, there must be notice. Mere fact of filing a
bond and an inventory is not proper and did not cure the defect. The appointment is one
considered as one of special administrator.

RULE 80

Special Administrator: officer of the court, subject to the supervision of the probate court.
Purpose is to preserve the estate until the administrator is appointed.

Section 2. Powers and duties of special adminsitrator. — Such special administrator shall take
possession and charge of the goods, chattels, rights, credits, and estate of the deceased and
preserve the same for the executors or administrator afterwards appointed, and for that purpose
may commence and maintain suits as administrator. He may sell only such perishable and other
property as the court orders sold. A special administrator shall not be liable to pay any debts of
the deceased unless so ordered by the court.

Appointment of special administrator is not appealable.

Appointment is based on the discretion of the court.

Order of preference and causes for removal are not applicable.

Bond: such as the court directs. If no bond, the special administrator appointment shall be
revoked. It is a condition precedent.

Once you have letters testamentary or administration, appointment of special administrator is

revoked.

RULE 81

Posting of a bond is considered as a qualification of the appointment as administrator.

Section 1. Bond to be given issuance of letters. Amount. Conditions. — Before an executor or

administrator enters upon the execution of his trust, and letters testamentary or administration
issue, he shall give a bond, in such sum as the court directs, conditioned as follows:
(a) To make and return to the court, within three (3) months, a true and complete inventory of all
goods, chattels, rights, credits, and estate of the deceased which shall come to his possession or
knowledge or to the possession of any other person for him;

(b) To administer according to these rules, and, if an executor, according to the will of the
testator, all goods, chattels, rights, credits, and estate which shall at any time come to his
possession or to the possession of any other person for him, and from the proceeds to pay and
discharge all debts, legacies, and charges on the same, or such dividends thereon as shall be
decreed by the court;

(c) To render a true and just account of his administration to the court within one (1) years, and at
any other time when required by the court;

(d) To perform all orders of the court by him to be performed.

Partial exception to pay a bond may be allowed.

Two or more administrators, the court may allow joint or separate bonds.

RULE 82

Section 2. Court may be remove or accept resignation of executor or administrator. Proceeding

upon death, resignation, or removal. — If an executor or administrator neglects to render his
account and settle the estate according to law, or to perform an order or judgment of the court, or
a duty expressly provided by these rules, or absconds, or becomes insane, or otherwise
incapable or insuitable to discharge the trust, the court may remove him, or in its discretion, may
permit him to resign. When an executor or administrator dies, resign, or is removed the
remaining executor or administrator may administer the the trust alone, unless the court grants
letters to someone to act with him. If there is no remaining executor or administrator,
administration may be to any suitable person.

If the previous administrator was authorized to sell and a new administrator is appointed, a new
authorization must be obtained.

RULE 83

If the property is in the possession of another person, it must be included.

Inventory must have an appraised value.

May the court determine what properties to be included in the inventory? Yes.

What are not included?

The wearing apparel of the surviving husband or wife and minor children., the marriage bed and
bedding, and such provisions and other articles as will necessarily be consumed in the
substinence of the family of the deceased, under the direction of the court, shall not be
considered as assets, nor administered as such, and shall not be included in the inventory.

 The widow and minor or incapacitated children of a deceased person, during the settlement of
the estate, shall receive therefrom, under the direction of the court, such allowance as are
provided by law.
As long as you are entitled to support you may ask for allowance. Grandchildren are not
included.

Allowance or support is not subject to attachment.

RULE 84

Lease is considered as an act of administration even if it is more than one year. Remedy of the
heirs to annul the lease in a separate action.

Article 1647 of NCC. Needs SPA in case if the lease needs to be recorded in the Registry of
property.

Article 1878 of NCC. SPA is needed if leased for more than 1 year. NOT applicable in judicial
administration.

RULE 85

He must account for the excess when he sells any part of the estate for more than the
appraisement, and if any is sold for the less than the appraisement, he is not responsible for the
loss, if the sale has justly made. If he settles any claim against the estate for less than its nominal
value, he is entitled to charge in his account only the amount he actually paid on the settlement.

The administrator will not suffer for the increase and decrease provided that it is without his fault.

If there are two or more executors or administrators, the compensation shall be apportioned
among them by the court according to the services actually rendered by them respectively.

When the executors or administrator is an attorney, he shall not charge against the estate any
professional fees for legal services rendered by him. Fees as a lawyer shall be charged against
the heirs, not the estate.

When the deceased by will makes some other provision for the compensation of his executor,
that provision shall be a full satisfaction for his services unless by a written instrument filed in the
court he renounces all claim to the compensation provided by the will.

RULE 86

Relate Section 7 Rule 39 and Section 5 Rule 86

Filing of a money claim initiatory pleading? No. not subject to certification of non-forum shopping.

Why should money claim be paid with the probate court?

All claims for money against the decent, arising from contract, express or implied, whether the
same be due, not due, or contingent, all claims for funeral expenses and expense for the last
sickness of the decedent, and judgment for money against the decent, must be filed within the
time limited in the notice; otherwise they are barred forever, except that they may be set forth as
counterclaims in any action that the executor or administrator may bring against the claimants.
Where an executor or administrator commences an action, or prosecutes an action already
commenced by the deceased in his lifetime, the debtor may set forth by answer the claims he
has against the decedent, instead of presenting them independently to the court as herein
provided, and mutual claims may be set off against each other in such action; and if final
judgment is rendered in favor of the defendant, the amount so determined shall be considered
the true balance against the estate, as though the claim had been presented directly before the
court in the administration proceedings. Claims not yet due, or contingent, may be approved at
their present value.

If it is arising from quasi-delict: directly sa executor or administrator.

Workman’s compensation is under the workman’s compensation commission. You do not file it in
the probate court.

Unpaid SSS- not money claim, not filed in the probate court.

Necessary expenses in a parcel of land, deceased acquired the land from the previous owner.
Here the claim is a quasi-contract. This may be filed in the settlement of estate proceedings.

Backwages- estate. Apply preference of credit.

Solidary obligations of the decedent- not mandatory to claim it in the settlement of estate.

If there is a creditor that has a claim secured by mortgage: remedies: 1. abandon and claim I the
settlement of estate. 2. Foreclose mortgage, presupposes judicial mortgage, if there is balance
file for defieciency judgment 3. Mortgage alone, extrajudicial. One lang pwede piliin.

Property can be redeemed. To prevent it, have someone pay for it.

Charging lien- like an attorney’s lien. One you can enforce to the executor/administrator.

Executor/administrator may also have a claim against the estate. Insofar as his claim, the court
may appoint a special administrator.

Whatever may be the action of the court, whether approve or deny the claim, it is subject to
appeal.

Why is multiple allowed? So that the case will continue despite appeal.

RULE 87

Money claim, file against the estate. Kahit nanalo na sa decision and wala pa levy, you need to
file claim with the estate.

Contingent claim if the case is still pending.

Government, like taxes, is not subject to estoppel.

Quasi-delict, recovery of damages, enforcement of lien, damages, direct sa executor or admin.

What is the reason why you enforce the action against the executor/administrator?

Because Rule 86 Section 2 is an exclusive list.

Action is unlawful detainer, with prayer for payment of rentals- file directly with
executor/administrator.

You cannot delegate the foreclosure of mortgage with the probate court. You need to file an
independent action.
Action for quieting of title with damages- file directly against executor/ administrator.

If no administrator/executor appointed, by exception, you may file it against the heirs or

representatives.

The sale may be authorized by the court if it is beneficial to the estate, not necessarily for the
payment of the debts.

RULE 90

Obligations that must be complied with: deaths for funeral charges, allowance to the widow,
inheritance tax. There may be a partial distribution but you must give a bond.

RULE 91

These are actions in rem.

It is the state, OSG that files the case.

If a will was left behind, and there is an heir mentioned, you cannot proceed with escheat.

GUARDIANSHIP

There is trust relationship.

Rules to follow:

Rules of Court for incompetent and Administrative Matter for minors, minor that is incompetent

RULE 92

File with RTC where he/she resides.

RULE 93

Who may file a petition?

Section 1. Who may petition for appointment of guardian for resident. — Any relative, friend, or
other person on behalf of a resident minor or incompetent who has no parent or lawful guardian,
or the minor himself if fourteen years of age or over, may petition the court having jurisdiction for
the appointment of a general guardian for the person or estate, or both, of such minor or
incompetent. An officer of the Federal Administration of the United States in the Philippines may
also file a petition in favor of a ward thereof, and the Director of Health, in favor of an insane
person who should be hospitalized, or in favor of an isolated leper.