D.

ALLOWANCE OR
DISALLOWANCE
CONTENTS OF PETITION FOR
ALLOWANCE OF WILL
•The petition for the allowance of a will shall contain the following:
1.Jurisdictional facts:
2.Names, ages and residences of the heirs, legatees, and
devisees;
3.Probable value and character of the estate property;
4.Name of the person for whom the letters are prayed; and
5.Name of the person having custody of the will if it has not
been delivered to the court.
GROUNDS FOR DISALLOWING A WILL
Grounds for disallowing a will under the Rules of Court
•A will shall be disallowed in any of the following cases:
1. If not executed and attested as required by law;
2. If the testator was insane or otherwise mentally incapable to make a will
at the time of its execution;
3. If it was executed under duress or the influence of fear or threats;
4. 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; and
5. 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 affixing
his signature thereto (Sec. 9, Rule 76, RoC).
Reprobate defined
Reprobate means the re-authentication of a will
already probated and allowed in a foreign
country.
It is specifically governed by Rule 77 of the
Rules of Court.
Reprobate of Wills in the Philippines
•Philippine law requires that a will must be proved and allowed by the proper court in
order for it to pass real or personal property.
•This means that all wills must go through probate in order for them to transfer
property from the testator to an heir.
•This has implications for a foreign will which has already been probated abroad.
•The question of probate must be addressed by a Philippine court in order for that
foreign will to dispose of property located in the Philippines.
•The law provides two options in the case of a foreign will already probated abroad.
•The will can either be independently probated in the Philippines as if for the first
time (under Rules 75 and 76 of the Rules of Court) or it may be reprobated under
Rule 77.
•Through reprobate, a will which has already proved and allowed in a foreign country
— in accordance with that country’s laws may be allowed in the Philippines.
Venue
•The petition for reprobate should be filed with the correct Regional Trial Court.

Notice requirements
• Reprobate has notice requirements identical to those of regular probate.
Nature and requirements of reprobate
•In reprobate, the local court acknowledges as binding the findings of the foreign probate
court provided the latter’s jurisdiction over the matter can be established.
•The process necessarily involves cross-jurisdictional issues.
•Reprobate usually contemplates a will which disposes of property found in more than one
country. Different citizenships and different national laws are often under consideration.
The laws of a foreign country must be submitted and proven to the Philippine court along
with the foreign will itself.
The evidence necessary for the reprobate of a will are:

1. The due execution of the will in accordance with the foreign laws;
2. The testator has his domicile in the foreign country and not in the
philippines;
3. The will has been admitted to probate in such country;
4. The fact that the foreign tribunal is a probate court, and
5. The laws of a foreign country on procedure and allowance of wills.
Requisites before will proved outside allowed in the Philippines
1.Will proved outside Philippines may be allowed
here. Wills proved and allowed in a foreign country,
according to the laws of such country, may be
allowed, filed, and recorded by the proper Court of
First Instance in the Philippines (Sec. 1, Rule 77).
Requisites before will proved outside allowed in the Philippines
2.When will allowed, and effect thereof. If it appears at the
hearing that the will should be allowed in the Philippines, the
court 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 proved and allowed in such court (Sec. 3, Rule
77). 
Requisites before will proved outside allowed in the Philippines
3.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 (Sec. 4, Rule 77).
Requisites before will proved outside allowed in the Philippines
4.Certificate of allowance attached to proved 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 (Sec. 13, Rule 76).
Requisites before will proved outside allowed in the Philippines
5.The general rule universally recognized is that
administration extends only to the assets of the 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 & Ghezzi vs. Manufacturer’s Life Ins., 80 Phil. 495).