NOTES ON

SPECIAL PROCEEDINGS
De Leon, 2020 Edition
 RULE 77

Allowance of Will Proved Outside of

Philippines and Administration of Estate
Thereunder
 RULE 77, Section 1

Q: Can a will proved outside Philippines be allowed here?

A: Yes. Section 1, Rule 77 of the Ruled of Court provides that "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."

 the will must be reprobated in the Philippines to effectuate its provisions

 reprobate - a special proceeding to establish the validity of a will proved in a

foreign country

 Art. 816 of the Civil Code provides states that the will of an alien who is
abroad produces effect in the Philippines if made in accordance with the
formalities prescribed by the law of the place where he resides, or according
to the formalities observed in his country.
 RULE 77, Section 2

Hearing for Allowance

 when a copy of such will and of the order of decree of the allowance thereof,
both duly authenticated
 are filed with a petition for allowance in the Philipines by the executor or
other person interested
 in the court having jurisdiction
 notice thereof shall be given as in case of an original will presented for
allowance

NOTE:
- notice thereof by mail or personally to the known heirs, legatees and devisees of the
testator resident in the Philippines and deposited in the post office at least 20 days
before the hearing
- published 3 weeks successively in a newspaper of general circulation
 RULE 77, Section 2

Petitioner must present the following before the reprobate of the will:

(1) due execution of the will in accordance with the foreign laws;
(2) testator has his domicile in the foreign country and not n the Philippines;
(3) the will has been admitted to probate in such country;
(4) the fact that theforeign tribunal is a probate court;
(5) the laws of a foreign coountry on procedure and allowance of wills
 RULE 77, Section 2

Burden of proof of foreign law.

A person who seeks to reprobate a will executed in a foreign country must

provethe laws and procedure of that foreing country.

A petitioner in the probate proceedings has the burden to prove evidence

of such foreign law.

 Foreign laws do not prove themselves and our coourts do not take judicial
notice of them.
 Doctrine of Processual Presumption - courts will presume that the foreign
law is the same as local law in the absence of proof of the applicable foreign
law.

 where a foreign law is not pleaded or, even if pleaded, is not proved, the doctrine
applies
 RULE 77, Section 3

When will allowed, and effect thereof

 a certificate of allowance signed by the judge and attested by the seal of

court
 the copy of the will attached thereof
 shall be filed and recorded by the clerk

effect: The wil shall have the same effect as if originally proved and
allowed in such court.
 RULE 77, Section 3

Requisites before a will proved abroad may be allowed in the Philippines

(1) the testator was domiciled in a foreign country;

(2) the will has been admitted to probate in such country;
(3) the foreign court is, under the laws of said foreign country, a probate court
with jurisdiction over the proceedings;
(4) proof of compliance with the law on probate procedure in said foreign
country
(5) the legal requirements in said foreign country for the valid execution of the
will have been complied with;
(6) filing a petition in the Philippines with copy of the will and of its decree of
allowance; and
(7) notice and hearing
 RULE 77

Estate how administered

When a will is thus allowed, the court shall grant:

(1) letters testaemantary, or
(2) letters of administration with the will annexed
(3) such letetrs shall extend to all the estate of the testator in the Philippines

What will happen to the estate after the payment of just debts and
expenses of administration?

A: It shall be disposed of acording to such will, so far as such will may operate
upon it. In case of residue, it shall be disposed of as is providded by law in
cases of estates in the Philippines belonging to persons who are inhabitants of
another state or country.
 RULE 77

Admission of a foreign will to probate shall have the following effects:

 The court shall grant letters testamentary or letters of administration with the
will annexed;
 The said letters shall extend only to the testator's estate located in the
Philippines;
 The estate shall be disposed of following the will after just debts and
expenses of administration are paid; and
 Any residue shall be disposed of as provided for estates in the Philippines
belonging to persons who do not residue in the country.
 RULE 78

Letters Testamentary and of Administration,

When and Whom Issued
 RULE 78, Section 1

Who are incompetent to serve as executors or administrators

(a) a minor (vs. at least 18 years old)

- they have no legal capacity to enter into contracts on their own
- (Art. 1327) a minor cannot enter into legal transactions as they cannot lawfully give
consent to a contract
- contracts entered into by the incapacitated persons enumerated in the law are not
void, but are voidable

(b) not a resident of the Philippines;

- there is no statutory requirement that only residents may be appointed as executors
or administrators of the estate
- (Guerrero v. Tan) the court will find much difficulty in complying with its duty (to
protect the estates of the deceased person) by appointing E/A who are not personally
subject totheir jurisdiction
(c) in the opinion of the court is 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 (vs. the court
deems such person as fit)
- fitness or unsuitability of a person's appointment is within the sound judgment of the
court

drukenness - that degree which would impair a person's judgment and reason that
would affect the person's integrity and honesty

improvidence (improvident person) - lack the good judgment (inability to know the
nature and functions as e/a) and foresight necessary for the fulfillment of the e/a's
responsibilities to manage and preserve the estate

crimes involving moral turpitude - refers to an act which is contrary to the accepted
and customary rule of right, or conduct contrary to justice, modesty or good morals

Not every criminal act involves moral turpitude. as to what crime involves moral
turpitude is for the Supreme Court to determine.
 RULE 78

 EXECUTOR - a person nominated by a testator to carry out his request and

to dispose of the property in accordnace to the testamentary provisions after
his death

 ADMINISTRATOR - a person appointed by the court of probate to administer

and settle the estates of the testator where no executor is named, or the
executors named are incompetent, refuses the trust, or fails to give a bond