Remedial Law Part 09 Special Proceedings

8/13/2019 Remedial Law Part 09 Special Proceedings

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SPECIAL PROCEEDINGS

(Part IX of IX)

I. Special Proceedings

A. Subject Matter and Applicabilit o! General Rules "Rule #$%

Sec. &. Subject matter of special proceedings. Rules o! special proceedings are pro'ided

!or in t(e !ollo)ing cases*

"a% Settle+ent o! estate o! deceased persons,

"b% Esc(eat,

"c% Guardians(ip and custod o! c(ildren,

"d% -rustees,

"e% Adoption,

"!% Rescission and re'ocation o! adoption,"g% ospitali/ation o! insane persons,

"(% abeas corpus,

"i% C(ange o! na+e,

"j% 0oluntar dissolution o! corporations,

"1% 2udicial appro'al o! 'oluntar recognition o! +inor natural c(ildren,

"l% Constitution o! !a+il (o+e,

"+% Declaration o! absence and deat(,

"n% Cancellation or correction o! entries in t(e ci'il registr.

Sec. $.Applicability of rules of civil actions. In t(e absence o! special pro'isions3 t(e rules

pro'ided !or in ordinar actions s(all be3 as !ar as practicable3 applicable in specialproceedings.

Special proceedings are special because they are not adversarial.

A special proceeding is a remedy to establish the status or right of a party or a particular fact. An

ordinary action is one by which one party prosecutes another for the enforcement or protection ofa right or the prevention or redress of a wrong. ( ! " of #ule ")

4. Settle+ent o! Estate o! Deceased Persons

&. Su++ar Settle+ent o! Estates

a. Rule #5

Sec. &.Extrajudicial settlement by agreement between heirs. I! t(e decedent le!t no )illand no debts and t(e (eirs are all o! age3 or t(e +inors are represented b t(eir judicial or

legal representati'es dul aut(ori/ed !or t(e purpose3 t(e parties +a3 )it(out securing

letters o! ad+inistration3 di'ide t(e estate a+ong t(e+sel'es as t(e see !it b +eans o! a

public instru+ent !iled in t(e o!!ice o! t(e register o! deeds3 and s(ould t(e disagree3 t(e

+a do so in an ordinar action o! partition. I! t(ere is onl one (eir3 (e +a adjudicate to

(i+sel! t(e entire estate b +eans o! an a!!ida'it !iled in t(e o!!ice o! t(e register o! deeds.


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-(e parties to an e6trajudicial settle+ent3 )(et(er b public instru+ent or b stipulation

in a pending action !or partition3 or t(e sole (eir )(o adjudicates t(e entire estate to

(i+sel! b +eans o! an a!!ida'it s(all !ile3 si+ultaneousl )it( and as a condition precedent

to t(e !iling o! t(e public instru+ent3 or stipulation in t(e action !or partition3 or o! t(e

a!!ida'it in t(e o!!ice o! t(e register o! deeds3 a bond )it( t(e said register o! deeds3 in an

a+ount e7ui'alent to t(e 'alue o! t(e personal propert in'ol'ed as certi!ied to under oat(b t(e parties concerned and conditioned upon t(e pa+ent o! an just clai+ t(at +a be

!iled under section 5 o! t(is rule. It s(all be presu+ed t(at t(e decedent le!t no debts i! no

creditor !iles a petition !or letters o! ad+inistration )it(in t)o "$% ears a!ter t(e deat( o!

t(e decedent.

-(e !act o! t(e e6trajudicial settle+ent or ad+inistration s(all be publis(ed in a

ne)spaper o! general circulation in t(e +anner pro'ided in t(e ne6t succeeding section,

but no e6trajudicial settle+ent s(all be binding upon an person )(o (as not participated

t(erein or (ad no notice t(ereo!.

Modes o! Settle+ent o! Estate

. %&tra'udicial odes

.a Agreement of the heirs (#ule *+ )

.b Affidavit of self,ad'udication (#ule *+ )

." -udicial odes

.a Partition (#ule * ordinary action of partition/)

.b Stipulation in a pending action (#ule *+ )

.c Interventions in a pending action (#ule *+ )

.d Summary settlement of estates of small value (#ule *+ ")

.e Probate (Petition for 0etters)

) 1estate

)" Intestate

If there is a will and there are no debts+ a probate is mandatory.

A petition for letters can2t be opposed simply because it is e&pensive.

Ad'antages o! e6tra8judicial settle+ent

. less e&pensive

." faster

Ad'antages o! judicial settle+ent

. res 'udicata

." availability of remedies (#ule 3)

.a 45 Proceedings when property concealed+ embe66led+ or fraudulently conveyed

#emedial 0aw #eviewer ar7 de 0eon+ -8 "99


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.b 5 Persons entrusted with estate compelled to render an account

.c 35 %mbe66lement before letters issued

.d $5 Property fraudulently conveyed by deceased may be recovered. :hen e&ecutor or

administrator must bring action.

Modes o! Attac1ing an %&tra'udicial Settle+ent

. #ule *+ *5 ;laim of an heir+ creditor+ or other person (within " years after distribution)

Sec. *. Liability of distributees and estate.If it shall appear at any time within two (") years after the

settlement and distribution of an estate in accordance with the provisions of either of the first two sections

of this rule+ that an heir or other person has been unduly deprived of his lawful participation in the estate+such heir or such other person may compel the settlement of the estate in the courts in the manner

hereinafter provided for the purpose of satisfying such lawful participation. And if within the same time of

two (") years+ it shall appear that 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+ the

court having 'urisdiction of the estate may+ by order for that purpose+ after hearing+ settle the amount of

such debts or lawful participation and order how much and in what manner each distributee shall contribute

in the payment thereof+ and may issue e&ecution+ if circumstances re Arts. 9$ ? 9@+ ;;5 Brounds for rescinding a partition (within * years from the time

the partition was made)

Art. 9$. A partition may be rescinded or annulled for the same causes as contracts. (9>a)

Art. 9$3. A partition+ 'udicial or e&tra,'udicial+ may also be rescinded on account of lesion+ when any one

of the co,heirs received things whose value is less+ by at least one,fourth+ than the share to which he is

entitled+ considering the value of the things at the time they were ad'udicated. (9*a)

Art. 9$$. 1he partition made by the testator cannot be impugned on the ground of lesion+ e&cept when thelegitime of the compulsory heirs is thereby pre'udiced+ or when it appears or may reasonably be presumed+that the intention of the testator was otherwise. (9@)

Art. 99. 1he action for rescission on account of lesion shall prescribe after four years from the time the

partition was made. (94)

Art. 9. 1he heir who is sued shall have the option of indemnifying the plaintiff for the loss+ or

consenting to a new partition.

Indemnity may be made by payment in cash or by the delivery of a thing of the same 7ind and


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Art. 9*. A partition made with preterition of any of the compulsory heirs shall not be rescinded+ unless it

be proved that there was bad faith or fraud on the part of the other persons interestedC but the latter shall be

proportionately obliged to pay to the person omitted the share which belongs to him. (939)

Art. 9@. A partition which includes a person believed to be an heir+ but who is not+ shall be void only

with respect to such person. (93a)

Modes o! Attac1ing a -udicial Settle+ent. #ule >5 otion for ew 1rial or #econsideration (@ days)

." #ule *"+ 5 Appeal (a total of >9 daysC 1here is an initial period of @ days. Dnder #ule *"

+ a motion for e&tension may grant up to @ days of e&tension.)

.> #ule >35 #elief from -udgments+ Erders or Ether Proceedings (within 49 days after the

petitioner learns of the 'udgment+ final order or other proceeding to be set aside+ and not morethan 4 months after such 'udgment or final order was entered+ or such proceeding was ta7en)

.* #ule 4@5 ;ertiorari (49 days)

.@ #ule *5 Annulment of -udgments or =inal Erders and #esolutions

.a %&trinsic fraud5 within * years from its discovery

.b 0ac7 of 'urisdiction5 before it is barred by laches or estoppel

Re7uisites !or a 'alid e6tra8judicial partition

. decedent left no will and no debts

." the heirs are all of age+ or represented by their authori6ed 'udicial or legal representatives

.> Public instrument

.* Publication

.@ Fond+ in case personal property is to be distributed+ conditioned for the payment of any 'ustclaim of an heir or any other person unduly deprived of his lawful participation in the estate.

(#ule *+ >)

.4 #egistration with the #o8+ in case of real property

Re7uisites !or settle+ent b sel!8adjudication

. only one heir

." affidavit filed with the #o8

o e&tra'udicial settlement shall be binding upon any person who has not participated therein or

had no notice thereof.

Sec. $.Summary settlement of estates of small value. 9(ene'er t(e gross 'alue o! t(eestate o! a deceased person3 )(et(er (e died testate or intestate3 does not e6ceed ten

t(ousand pesos3 and t(at !act is +ade to appear to t(e Court o! :irst Instance (a'ing

jurisdiction o! t(e estate b t(e petition o! an interested person and upon (earing3 )(ic(

s(all be (eld not less t(an "&% +ont( nor +ore t(an t(ree ";% +ont(s !ro+ t(e date o! t(e

last publication o! a notice )(ic( s(all be publis(ed once a )ee1 !or t(ree ";% consecuti'e

)ee1s in a ne)spaper o! general circulation in t(e pro'ince3 and a!ter suc( ot(er notice to

interested persons as t(e court +a direct3 t(e court +a proceed su++aril3 )it(out t(e



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appoint+ent o! an e6ecutor or ad+inistrator3 and )it(out dela3 to grant3 i! proper3

allo)ance o! t(e )ill3 i! an t(ere be3 to deter+ine )(o are t(e persons legall entitled to

participate in t(e estate3 and to apportion and di'ide it a+ong t(e+ a!ter t(e pa+ent o!

suc( debts o! t(e estate as t(e court s(all t(en !ind to be due, and suc( persons3 in t(eir

o)n rig(t3 i! t(e are o! la)!ul age and legal capacit3 or b t(eir guardians or trustees

legall appointed and 7uali!ied3 i! ot(er)ise3 s(all t(ereupon be entitled to recei'e andenter into t(e possession o! t(e portions o! t(e estate so a)arded to t(e+ respecti'el. -(e

court s(all +a1e suc( order as +a be just respecting t(e costs o! t(e proceedings3 and all

orders and judg+ents +ade or rendered in t(e course t(ereo! s(all be recorded in t(e

o!!ice o! t(e cler13 and t(e order o! partition or a)ard3 i! it in'ol'es real estate3 s(all be

recorded in t(e proper register publication of a notice which once a wee7 for > consecutive wee7s in a newspaper of general

circulation in the province

.* notice to interested persons as the court may direct

.@ upon hearing+ which shall be held not less month nor more than > months from the date ofthe last publication

1he advantage of summary settlement of estate is not e&ecutor or administrator is appointed.

Sec. ;. Bond to be filed by distributees. -(e court3 be!ore allo)ing a partition in

accordance )it( t(e pro'isions o! t(e preceding section3 +a re7uire t(e distributees3 i!

propert ot(er t(an real is to be distributed3 to !ile a bond in an a+ount to be !i6ed b

court3 conditioned !or t(e pa+ent o! an just clai+ )(ic( +a be !iled under t(e ne6t

succeeding section.

If personal property is to be distributed+ the court may re


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preceding section or against t(e real estate belonging to t(e deceased3 or bot(. Suc( bond

and suc( real estate s(all re+ain c(arged )it( a liabilit to creditors3 (eirs3 or ot(er

persons !or t(e !ull period o! t)o "$% ears a!ter suc( distribution3 not)it(standing an

trans!ers o! real estate t(at +a (a'e been +ade.

Sec. =.Period for claim of minor or incapacitated person. I! on t(e date o! t(e e6piration

o! t(e period o! t)o "$% ears prescribed in t(e preceding section t(e person aut(ori/ed to!ile a clai+ is a +inor or +entall incapacitated3 or is in prison or outside t(e P(ilippines3

(e +a present (is clai+ )it(in one "&% ear a!ter suc( disabilit is re+o'ed.

Re+edies o! e6cluded (eir>creditor in an e6trajudicial

partition

. :ithin " years from distribution

.a claim against the bond

.b file for letters of administration

." #escind the partition under the ;; (within * years from the time the partition was made)1he bond and real estate remains charged with a liability to creditors+ heirs+ or other persons for

" years after the distribution+ despite any transfers that may have been made.

Instances )(en t(e probate court +a issue )rits o! e6ecution

. In the e&ercise of probate 'urisdiction+ #1; may issue warrants and processes necessary tocarry into effect their orders and 'udgments. (#ule > >)

." If within " years after the summary settlement and distribution of an estate+ it shall appear

that there are debts outstanding against the estate which have not been paid+ or that a person

has been unduly deprived of his lawful participation payable in money+ the court having'urisdiction of the estate may+ by order for that purpose+ after hearing+ settle the amount of

such debts or lawful participation and order how much and in what manner each distributee

shall contribute in the payment thereof+ and may issue e&ecution+ if circumstances re in prison or

.* outside the Philippines+

he may present his claim within year after such disability is removed.



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b. Cases

Arcillas v. ontejo3 $? SCRA &@# "&@?%1he fact that an intestate estate has no debts does not preclude from instituting administrationproceedings. %&tra'udicial settlement of estate is merely discretionary on the part of the heirs.

8elay and e&penses are not grounds to deny a petition for administration. Probate still can be

useful because the truth or veracity of claims relating to other properties can be more ade


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Any annotation of such lien on titles to property is rendered ineffective. 1he title of a good faith

buyer of such property who bought the property after " year period can not be


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allowed probate because there was an issue of defective disinheritance or preterition. In Acain+

preterition was not in dispute+ hence+ the will was denied probate.

"uevarra v. "uevarra# +, Phil. $2+ *)+1(-A petition to allow a will does not prescribe.

ercado v. Santos# (( Phil. $)1 *)+%,-

Probate renders conclusive the due e&ecution of the will. A subse) or special civil action for certiorari (#ule 4@).

anahan v. anahan# 1, Phil. 22, *)+%%-An intestate non,compulsory uninstituted heir is not entitled to be notified of the probate

proceedings. Probate is conclusive as to the due e&ecution of the will.

9ernande4 v. !imagiba# $) S&'A 2$, *)+(0-Allowance of a will to probate if a final and appealable 'udgment. 1he opponent should not await

resolution of other issues before appealing the decision. =ailure to appeal renders the probate as

conclusive as to the due e&ecution of the will. 1he issue of revocation is irrelevant in the probateproceedings. Enly a total and absolute revocation of the will itself can preclude probate. Probate

of a will is mandatory+ hence it can not be precluded by the fact that the proponent was inestoppel.

'iera v. Palmori# 26 Phil. )61 *)+)+-1o 99+999 by "99*)

." P*99+999 in etro anila

&% Rule #;

Sec. &. =here estate of deceased person settled. I! t(e decedent is an in(abitant o! t(e

P(ilippines at t(e ti+e o! (is deat(3 )(et(er a citi/en or an alien3 (is )ill s(all be pro'ed3



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Art. >$9. After an absence of seven years+ it being un7nown whether or not the absentee still lives+ he shall

be presumed dead for all purposes+ e&cept for those of succession.

1he absentee shall not be presumed dead for the purpose of opening his succession till after an absence often years. If he disappeared after the age of seventy,five years+ an absence of five years shall be sufficient

in order that his succession may be opened. (n)

Art. >$. 1he following shall be presumed dead for all purposes+ including the division of the estate amongthe heirs5

() A person on board a vessel lost during a sea voyage+ or an aeroplane which is missing+ who has not

been heard of for four years since the loss of the vessel or aeroplaneC

(") A person in the armed forces who has ta7en part in war+ and has been missing for four yearsC

(>) A person who has been in danger of death under other circumstances and his e&istence has not been

7nown for four years. (n)

#ule >+ Sec. >. &&& (w) 1hat after an absence of seven years+ it being un7nown whether or not the

absentee still lives+ he is considered dead for all purposes+ e&cept for those of succession.

1he absentee shall not be considered dead for the purposeof opening his succession till after an absence of

ten years. If he disappeared after the age of seventy,five years+ an absence of five years shall be sufficient

in order that his succession may be opened.

1he following shall be considered dead for all purposes including the division of the estate among the heirs5

() A person on board a vessel lost during a sea voyage+ or an aircraft which is missing+ who has not been

heard of for four years since the loss of the vessel or aircraftC

(") A member of the armed forces who has ta7en part in armed hostilities+ and has been missing for fouryearsC

(>) A person who has been in danger of death under other circumstances and whose e&istence has not been

7nown for four yearsC

(*) If a married person has been absent for four consecutive years+ the spouse present may contract asubse


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"arcia 9ule v. &ourt of Appeals# 02 S&'A ),+ *)+0(-

#esidence should be understood in its popular sense as the personal+ actual or physical presence

in a place and actual stay thereat. It is not to be understood as domicile or legal residence.

&uenco v. &ourt of Appeals# 1% S&'A %(6 *)+0%-

1he court with whom the petition is first filed+ must also first ta7e cogni6ance of the settlementof the estate in order to e&ercise 'urisdiction over it to the e&clusion of all other courts. Luestions

on venue are resolved by the court ta7ing first cogni6ance of the case. Such court+ may also

decline to ta7e cogni6ance of the petition and hold the petition before it in abeyance+ and insteaddefer to the second court. =urthermore+ probate proceedings ta7e precedence over intestate

proceedings. 0astly+ the #ules re


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%&ecutor+ devisee or legatee in the will+ or any other person interested in the estate (#ule 4+ )

may petition for probate.

ote that any interested person may apply for probate+ with or witout possession of the will.

ote there is no deadline in filing a petition for probate. However+ an e&ecutor should present a

will within "9 days from 7nowledge of the testator2s death.Special rules when the testator applies for probate himself

. notice sent only to his compulsory heirs (#ule 4 Sec. *)

." no witnesses re


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-urisdictional re separatewee7s.

1o de deemed a newspaper of general circulation+ such newspaper should

. ot be for a particular class+ profession+ trade+ calling+ race or religious denomination.

." Fe published for dissemination of local news and general information.

.> Fe published at regular intervals.

1he custodian of the will should li7ewise be stated.

=. Contents o! petition

Rule #?3 Sec. $. &ontents of petition. A petition !or t(e allo)ance o! a )ill +ust s(o)3 so

!ar as 1no)n to t(e petitioner*

"a% -(e jurisdictional !acts,

"b% -(e na+es3 ages3 and residences o! t(e (eirs3 legatees3 and de'isees o! t(e testator or

decedent,

"c% -(e probable 'alue and c(aracter o! t(e propert o! t(e estate,

"d% -(e na+e o! t(e person !or )(o+ letters are praed,



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"e% I! t(e )ill (as not been deli'ered to t(e court3 t(e na+e o! t(e person (a'ing custod

o! it.

4ut no de!ect in t(e petition s(all render 'oid t(e allo)ance o! t(e )ill3 or t(e issuance

o! letters testa+entar or o! ad+inistration )it( t(e )ill anne6ed.

Fautista5 Prayer for relief?. Notice and Process "Rule #? Sec. 5%

Sec. 5.7eirs# devisees# legatees# and executors to be notified by mail or personally. -(e

court s(all also cause copies o! t(e notice o! t(e ti+e and place !i6ed !or pro'ing t(e )ill to

be addressed to t(e designated or ot(er 1no)n (eirs3 legatees3 and de'isees o! t(e testator

resident in t(e P(ilippines at t(eir places o! residence3 and deposited in t(e post o!!ice )it(

t(e postage t(ereon prepaid at least t)ent "$B% das be!ore t(e (earing3 i! suc( places o!

residence be 1no)n. A cop o! t(e notice +ust in li1e +anner be +ailed to t(e person

na+ed as e6ecutor3 i! (e be not be petitioner, also3 to an person na+ed as co8e6ecutor not

petitioning3 i! t(eir places o! residence be 1no)n. Personal ser'ice o! copies o! t(e notice at

least ten "&B% das be!ore t(e da o! (earing s(all be e7ui'alent to +ailing.

I! t(e testator as1s !or t(e allo)ance o! (is o)n )ill3 notice s(all be sent onl to (is

co+pulsor (eirs.

a. 9(at notices to be sent

otice of time and place of hearing.

-urisdiction over the parties is ac


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otices may be sent

. by mail with the postage prepaid at least "9 days before hearing+ if such places of residence

be 7nown+ or

." Personal service at least 9 days before hearing

#. earing on Petition

a. Proo!s re7uired on Probate earing

&% Rule #? Secs. =3 ?3 #3 3 &&3 &$

Sec. =.Proof at hearing. =hat sufficient in absence of contest.At t(e (earing co+pliance

)it( t(e pro'isions o! t(e last t)o preceding sections +ust be s(o)n be!ore t(e

introduction o! testi+on in support o! t(e )ill. All suc( testi+on s(all be ta1en under

oat( and reduced to )riting. I! no person appears to contest t(e allo)ance o! t(e )ill3 t(e

court +a grant allo)ance t(ereo! on t(e testi+on o! one o! t(e subscribing )itnesses

onl3 i! suc( )itness testi! t(at t(e )ill )as e6ecuted as is re7uired b la).

In t(e case o! a (olograp(ic )ill3 it s(all be necessar t(at at least one )itness )(o1no)s t(e (and)riting and signature o! t(e testator e6plicitl declare t(at t(e )ill and t(e

signature are in t(e (and)riting o! t(e testator. In t(e absence o! an suc( co+petent

)itness3 and i! t(e court dee+ it necessar3 e6pert testi+on +a be resorted to.

Sec. ?.Proof of lost or destroyed will. &ertificate thereupon. No )ill s(all be pro'ed as a

lost or destroed )ill unless t(e e6ecution and 'alidit o! t(e sa+e be establis(ed3 and t(e

)ill is pro'ed to (a'e been in e6istence at t(e ti+e o! deat( o! t(e testator3 or is s(o)n to

(a'e been !raudulentl or accidentall destroed in t(e li!eti+e o! t(e testator )it(out (is

1no)ledge3 nor unless its pro'isions are clearl and distinctl pro'ed b at least t)o "$%

credible )itnesses. 9(en a lost )ill is pro'ed3 t(e pro'isions t(ereo! +ust be distinctl

stated and certi!ied b t(e judge3 under t(e seal o! t(e court3 and t(e certi!icate +ust be

!iled and recorded as ot(er )ills are !iled and recorded.

Sec. #.Proof when witnesses do not reside in province. I! it appears at t(e ti+e !i6ed !or

t(e (earing t(at none o! t(e subscribing )itnesses resides in t(e pro'ince3 but t(at t(e

deposition o! one or +ore o! t(e+ can be ta1en else)(ere3 t(e court +a3 on +otion3 direct

it to be ta1en3 and +a aut(ori/e a p(otograp(ic cop o! t(e )ill to be +ade and to be

presented to t(e )itness on (is e6a+ination3 )(o +a be as1ed t(e sa+e 7uestions )it(

respect to it3 and to t(e (and)riting o! t(e testator and ot(ers3 as )ould be pertinent and

co+petent i! t(e original )ill )ere present.

Sec. . Proof when witnesses dead or insane or do not reside in the Philippines. I! it

appears at t(e ti+e !i6ed !or t(e (earing t(at t(e subscribing )itnesses are dead or insane3

or t(at none o! t(e+ resides in t(e P(ilippines3 t(e court +a ad+it t(e testi+on o! ot(er

)itnesses to pro'e t(e sanit o! t(e testator3 and t(e due e6ecution o! t(e )ill, and as

e'idence o! t(e e6ecution o! t(e )ill3 it +a ad+it proo! o! t(e (and)riting o! t(e testator

and o! t(e subscribing )itnesses3 or o! an o! t(e+.

Sec. &&.Subscribing witnesses produced or accounted for where will contested. I! t(e )ill

is contested3 all t(e subscribing )itnesses3 and t(e notar in t(e case o! )ills e6ecuted under

t(e Ci'il Code o! t(e P(ilippines3 i! present in t(e P(ilippines and not insane3 +ust be



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produced and e6a+ined3 and t(e deat(3 absence3 or insanit o! an o! t(e+ +ust be

satis!actor s(o)n to t(e court. I! all or so+e o! suc( )itnesses are present in t(e

P(ilippines but outside t(e pro'ince )(ere t(e )ill (as been !iled3 t(eir deposition +ust be

ta1en. I! an or all o! t(e+ testi! against t(e due e6ecution o! t(e )ill3 or do not re+e+ber

(a'ing attested to it3 or are ot(er)ise o! doubt!ul credibilit3 t(e )ill +a3 ne'ert(eless3 be

allo)ed i! t(e court is satis!ied !ro+ t(e testi+on o! ot(er )itnesses and !ro+ all t(ee'idence presented t(at t(e )ill )as e6ecuted and attested in t(e +anner re7uired b la).

I! a (olograp(ic )ill is contested3 t(e sa+e s(all be allo)ed i! at least t(ree ";% )itnesses

)(o 1no) t(e (and)riting o! t(e testator e6plicitl declare t(at t(e )ill and t(e signature

are in t(e (and)riting o! t(e testator, in t(e absence o! an co+petent )itness3 and i! t(e

court dee+ it necessar3 e6pert testi+on +a be resorted to.

Sec. &$. Proof where testator petitions for allowance of holographic will. 9(ere t(e

testator (i+sel! petitions !or t(e probate o! (is (olograp(ic )ill and no contest in !iled3 t(e

!act t(at (e a!!ir+s t(at t(e (olograp(ic )ill and t(e signature are in (is o)n (and)riting3

s(all be su!!icient e'idence o! t(e genuineness and due e6ecution t(ereo!. I! t(e (olograp(ic

)ill is contested3 t(e burden o! dispro'ing t(e genuineness and due e6ecution t(ereo! s(all

be on t(e contestant. -(e testator +a3 in (is turn3 present suc( additional proo! as +a be

necessar to rebut t(e e'idence !or t(e contestant.

9itnesses re7uired

. otarial will

.a uncontested5 only one subscribing witness is re 0ost or destroyed will ? At least " credible witnesses should prove that

.a %&ecution and validity of the will

.b 1he will2s e&istence at the time of testator2s death+ or its fraudulent or accidental

destruction in the lifetime of the testator without his 7nowledge

.c ;lear and distinct proof of the will2s provisions

.d A copy+ if the lost will was holographic



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"@

$% Cases

&abang v. !elfinado# %2 Phil. $+) *)+)(-

If the will is contested+ the proponent is obligated to present all subscribing witnesses able to

testify. =ailure to do so will be fatal to probate.

Aldanese v. Salutillo# 20 Phil. 12, @)+$1-

It is testimony+ not physical presence+ that is re" Sec. ").

de 0eon5 In case of contest+ Cabang ruled that any competent subscribing witness must testify.

Aldanese ruled that testimony need not be at the probate hearing+ but may be through

depositions. #da. de Ramos ruled that in case any or all of them testified against the proponent+the proponent may resort to other evidence to prove the due e&ecution of the will.

"ago v. amuyac# 2+ Phil. +6$ *)+$0-

1he proponent has the burden to prove the e&istence of the will if he see7s to have a carbon copy

of a holographic will was admitted to probate.

"an v. ap# )62 Phil. 16+ *)+1,-

;ontents of a holographic will may not be proved by parole evidence.

'odelas v. Aran4a# ))+ S&'A )( *)+,$-

;ontents of a holographic will may be proved by a copy.

InRodelas+ there was a copy of the holographic will. In $an+ there was no such copy. In fact+ a

footnote in $anac7nowledged that the lost holographic will may be proved had there been a

copy.

b. Scope o! In7uir on Proceeding to Probate a 9ill "Rule #?%

aninang v. &A# ))2 S&'A 206 *)+,$-

:here a compulsory heir in the direct line was alleged to have been preterited+ but the proponent

insists on a ruling on the e&trinsic validity of a will+ the court can not rule on the issue of

preterition. In this case+ the general rule that in a probate of a will+ the court is limited to thee&trinsic validity of the will+ applies. 1he e&ception applies only if practical considerations so

demanded+ e.g. the parties shunted aside the issue of whether or not the will should be allowed



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probate. =urthermore+ if the issue is whether there was preterition or a defective disinheritance+

the court must first rule on the e&trinsic validity of the will.

If there was intentional preterition of a compulsory heir in the direct line+ -ustice Herrera saysthis is an act of disinheritance.

If there is a preterition+ the legitimes would be given and the legacies would remain. If there wasan invalid disinheritance+ the disinherited/ heir would get the e&tent of the portion of his

supposed inheritance.

Acain v. :A )11 S&'A )66 *)+,0-

Standing to intervene in a will is dependent on interest in the estate. A legatee in a void will hasno standing to intervene in the intestate proceedings if he is not an intestate heir. :here a

compulsory heir was not at all mentioned in+ the will will be denied probate.

1he institution of heir is annulled only if a compulsory heir in the direct line is not mentioned in

the will at all. Hence+ if only the widow was preterited+ then the nephew would have standing.

If the petition is for letters of administration+ the petitioner need not be an heir. %ven a creditor

may file such petition.

. 4inding :orce o! -rial Court Order Allo)ing or Disallo)ing a 9ill

a. Rule #?3 Sec. &;

Sec. &;. &ertificate of allowance attached to proved will. 8o be recorded in the ?ffice of

'egister of !eeds. I! t(e court is satis!ied3 upon proo! ta1en and !iled3 t(at t(e )ill )as dul

e6ecuted3 and t(at t(e testator at t(e ti+e o! its e6ecution )as o! sound and disposing +ind3

and not acting under duress3 +enace3 and undue in!luence3 or !raud3 a certi!icate o! its

allo)ance3 signed b t(e judge3 and attested b t(e seal o! t(e court s(all be attac(ed to t(e

)ill and t(e )ill and certi!icate !iled and recorded b t(e cler1. Attested copies o! t(e )ill

de'ising real estate and o! certi!icate o! allo)ance t(ereo!3 s(all be recorded in t(e registero! deeds o! t(e pro'ince in )(ic( t(e lands lie.

b. Cases

analo v. Paredes# 20 Phil. +%, *)+$1-

A will can not be submitted for probate if a withdrawal of a previous petition had been approved

by the court+ even if the withdrawal was based on an agreement by the parties.

Fautista5 In this case+ the S; impliedly held that the parties may stipulate as to the testamentary

capacity of the testator. 1he court impliedly recogni6ed that the parties may disregard the will.

@. Allo)ance o! 9ill Pro'ed Outside o! P(ilippines and Ad+inistrationo! Estate t(ereunder

a. Rule ##

Sec. &. =ill proved outside Philippines may be allowed here. 9ills pro'ed and allo)ed in

a !oreign countr3 according to t(e la)s o! suc( countr3 +a be allo)ed3 !iled3 and

recorded b t(e proper Court o! :irst Instance in t(e P(ilippines.



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Sec. $.5otice of hearing for allowance. 9(en a cop o! suc( )ill and o! t(e order or

decree o! t(e allo)ance t(ereo!3 bot( dul aut(enticated3 are !iled )it( a petition !or

allo)ance in t(e P(ilippines3 b t(e e6ecutor or ot(er person interested3 in t(e court (a'ing

jurisdiction3 suc( court s(all !i6 a ti+e and place !or t(e (earing3 and cause notice t(ereo!

to be gi'en as in case o! an original )ill presented !or allo)ance.

Sec. ;. =hen will allowed# and effect thereof. I! it appears at t(e (earing t(at t(e )ills(ould be allo)ed in t(e P(ilippines3 t(e court s(all so allo) it3 and a certi!icate o! its

allo)ance3 signed b t(e judge3 and attested b t(e seal o! t(e court3 to )(ic( s(all be

attac(ed a cop o! t(e )ill3 s(all be !iled and recorded b t(e cler13 and t(e )ill s(all (a'e

t(e sa+e e!!ect as i! originall pro'ed and allo)ed in suc( court.

Sec. 5. Estate# how administered. 9(en a )ill is t(us allo)ed3 t(e court s(all grant

letters testa+entar3 or letters o! ad+inistration )it( t(e )ill anne6ed3 and suc( letters

testa+entar or o! ad+inistration3 s(all e6tend to all t(e estate o! t(e testator in t(e

P(ilippines. Suc( estate3 a!ter t(e pa+ent o! just debts and e6penses o! ad+inistration3

s(all be disposed o! according to suc( )ill3 so !ar as suc( )ill +a operate upon it, and t(e

residue3 i! an3 s(all be disposed o! as is pro'ided b la) in cases o! estates in t(e

P(ilippines belonging to persons )(o are in(abitants o! anot(er state or countr.

b. Cases

Suntay v. Suntay# +1 Phil. 166 *)+12-=or a will probated abroad be allowed probate here+ must prove5

. the foreign court was a probate court

." the probate procedure in the foreign 'urisdiction

.> legal re


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"b% Is not a resident o! t(e P(ilippines, and

"c% Is in t(e opinion o! t(e court un!it to e6ecute t(e duties o! t(e trust b reason o!

drun1enness3 i+pro'idence3 or )ant o! understanding or integrit3 or b reason o!

con'iction o! an o!!ense in'ol'ing +oral turpitude.

Dis7uali!ications o! an e6ecutor>ad+inistrator. minority

." non,resident

.> drun7enness (habitual or e&cessive to an e&tent as to cloud the mind)

.* improvidence

.@ want of understanding

.4 want of integrity

. conviction of an offense involving moral turpitude. (something immoral in itself despite the

fact that it is punishable under the #P;+ must not only be mala prohibitum but also mala in

se) (estafa with FP""+ murder+ drug addiction+ drug possession+ ! drug pushing)

Sec. $.Executor of executor not to administer estate. -(e e6ecutor o! an e6ecutor s(all

not3 as suc(3 ad+inister t(e estate o! t(e !irst testator.

Sec. ;. arried women may serve. A +arried )o+an +a ser'e as e6ecutri6 or

ad+inistratri63 and t(e +arriage o! a single )o+an s(all not a!!ect (er aut(orit so to

ser'e under a pre'ious appoint+ent.

Sec. 5.Letters testamentary issued when will allowed. 9(en a )ill (as been pro'ed and

allo)ed3 t(e court s(all issue letters testa+entar t(ereon to t(e person na+ed as e6ecutor

t(erein3 i! (e is co+petent3 accepts t(e trust3 and gi'es bond as re7uired b t(ese rules.

Sec. =. =here some coexecutors disCualified others may act. 9(en all o! t(e e6ecutors

na+ed in a )ill can not act because o! inco+petenc3 re!usal to accept t(e trust3 or !ailure

to gi'e bond3 on t(e part o! one or +ore o! t(e+3 letters testa+entar +a issue to suc( o!t(e+ as are co+petent3 accept and gi'e bond3 and t(e +a per!or+ t(e duties and

disc(arge t(e trust re7uired b t(e )ill.

Sec. ?. =hen and to whom letters of administration granted. I! no e6ecutor is na+ed in

t(e )ill3 or t(e e6ecutor or e6ecutors are inco+petent3 re!use t(e trust3 or !ail to gi'e bond3

or a person dies intestate3 ad+inistration s(all be granted*

"a% -o t(e sur'i'ing (usband or )i!e3 as t(e case +a be3 or ne6t o! 1in3 or bot(3 in t(e

discretion o! t(e court3 or to suc( person as suc( sur'i'ing (usband or )i!e3 or ne6t o! 1in3

re7uests to (a'e appointed3 i! co+petent and )illing to ser'e,

"b% I! suc( sur'i'ing (usband or )i!e3 as t(e case +a be3 or ne6t o! 1in3 or t(e person

selected b t(e+3 be inco+petent or un)illing3 or i! t(e (usband or )ido)3 or ne6t o! 1in3neglects !or t(irt ";B% das a!ter t(e deat( o! t(e person to appl !or ad+inistration or to

re7uest t(at ad+inistration be granted to so+e ot(er person3 it +a be granted to one or

+ore o! t(e principal creditors3 i! co+petent and )illing to ser'e,

"c% I! t(ere is no suc( creditor co+petent and )illing to ser'e3 it +a be granted to suc(

ot(er person as t(e court +a select.



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"$

0%11%#S 1%S1A%1%#O ? issued only to the e&ecutor. 1here is a valid will and a valid

e&ecutor.

0%11%#S E= A8IIS1#A1IE ? issued to the administrator. 1here is no valid will.

0%11%#S E= A8IIS1#A1IE :I1H A :I00 A11A;H%8 ? issued to the administrator.

1here is a valid will but no valid e&ecutor.Priorit in selecting an ad+inistrator

. surviving spouse+ or ne&t of 7in+ or both+ or person as such surviving spouse+ or ne&t of 7in+

rerdperson as administrator.

8orres v. Sicat# +% Phil. )11 *)+1%-1he order of preference is not mandatory. However+ mere re9days after the decedent2s death is not sufficient ground to negate his preference in the selection



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of administrator. An admininstrator may be removed only for 'ust cause. ere opportunity for

mischief is not ground for removal of an administrator. 1he appointment of co,administrators has

been upheld for various reasons+ vi65 () to have the benefit of their 'udgment and perhaps at alltimes to have different interests representedC (") where 'ustice and e) where the

estate is large or+ from any cause+ an intricate and perple&ing one to settleC (*) to have allinterested persons satisfied and the representatives to wor7 in harmony for the best interests of

the estateC and (@) when a person entitled to the administration of an estate desires to have

another competent person associated with him in the office.

&&.Opposing Issuance o! Letters -esta+entar. Petition and Contest !or

Letters o! Ad+inistration

a. Rule #@

Sec. &. ?pposition to issuance of letters testamentary. Simultaneous petition for

administration. An person interested in a )ill +a state in )riting t(e grounds )( letters

testa+entar s(ould not issue to t(e persons na+ed t(erein e6ecutors3 or an o! t(e+3 and

t(e court3 a!ter (earing upon notice3 s(all pass upon t(e su!!icienc o! suc( grounds. A

petition +a3 at t(e sa+e ti+e3 be !iled !or letters o! ad+inistration )it( t(e )ill anne6ed.

Sec. $. &ontents of petition for letters of administration. A petition !or letters o!

ad+inistration +ust be !iled b an interested person and +ust s(o)3 so !ar as 1no)n to t(e

petitioner*

"a% -(e jurisdictional !acts, (death of the testator

"b% -(e na+es3 ages3 and residences o! t(e (eirs3 and t(e na+es and residences o! t(e

creditors3 o! t(e decedent

"c% -(e probable 'alue and c(aracter o! t(e propert o! t(e estate,

"d% -(e na+e o! t(e person !or )(o+ letters o! ad+inistration are praed.

4ut no de!ect on t(e petition s(all render 'oid t(e issuance o! letters o! ad+inistration.

Sec. ;. &ourt to set time for hearing. 5otice thereof. 9(en a petition !or letters o!

ad+inistration is !iled in t(e court (a'ing jurisdiction3 suc( court s(all !i6 a ti+e and place

!or (earing t(e petition3 and s(all cause notice t(ereo! to be gi'en to t(e 1no)n (eirs and

creditors o! t(e decedent3 and to an ot(er persons belie'ed to (a'e an interest in t(e

estate3 in t(e +anner pro'ided in section ; and 5 o! Rule #?.

Sec. 5. ?pposition to petition for administration. An interested person +a3 b !iling a

)ritten opposition3 contest t(e petition on t(e ground o! t(e inco+petenc o! t(e person !or

)(o+ letters are praed t(erein3 or on t(e ground o! t(e contestant


24/113

>

Sec. ?. =hen letters of administration granted to any applicant. Letters o! ad+inistration

+a be granted to an 7uali!ied applicant3 t(oug( it appears t(at t(ere are ot(er

co+petent persons (a'ing better rig(t to t(e ad+inistration3 i! suc( persons !ail to appear

)(en noti!ied and clai+ t(e issuance o! letters to t(e+sel'es.

b. Case

!uran v. !uran# $6 S&'A %0+ *)+(0-An oppositor to issuance of letters of administration should have an interest in the intestateestate. 1he special administrator should be an interested party.

9ilipinas Shell Petroleum &orp. v. !umlao# $6( S&'A 26 *)++$-Interest in the estate of a person who initiates probate proceedings is not a 'urisdictional fact. It is

a ground for a motion to dismiss not on the ground of lac7 of 'urisdiction+ but lac7 of legalcapacity to institute the proceedings. =urthermore+ ob'ection to the petition for letters of

administration on that ground may be barred by estoppel or waiver+ e.g. see7ing favorable

rulings from the probate court.

&$.Rule B* Special Ad+inistrator

Regular Administrator Special Administrator

the prescriptive period to pay debtsdoes not run until a regular (general)administrator is appointed.

The powers to sell are not limited toperishable property only.

may be sued by creditors.

a. Circu+stances 9arranting Appoint+ent o! Special

Ad+inistrator

&% Rule B Sec. &

Sec. &. Appointment of special administrator.9(en t(ere is dela in granting letters

testa+entar or o! ad+inistration b an cause including an appeal !ro+ t(e allo)ance or

disallo)ance o! a )ill3 t(e court +a appoint a special ad+inistrator to ta1e possession and

c(arge o! t(e estate o! t(e deceased until t(e 7uestions causing t(e dela are decided and

e6ecutors or ad+inistrators appointed.

Note5 Special Administrators are officers of the court. 1hus+ government employees+ li7e cler7of courts are not


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>"

$% Cases

!e "u4man v. "uadi4# +( 1&'A +%, *)+,6-8elay in granting letters testamentary for any cause/ which would warrant appointment of ageneral admininstrator includes delay caused by an opposition to the probate on the ground that

the properties of the estate were allegedly donated to the oppositor. Ether e&amples of delay are5

. ;ontest to the will is pending

." Appeal regarding the removal of an administratorNe&ecutor is pending

.> Parties can2t agree as to administrator

.* Beneral administration can2t be granted for any cause

1he order appointing a #egular Administrator is appealable. 1he order appointing a Special

Administrator is a mere interlocutory orderC therefore+ it is not appealable. However+ it is aproper sub'ect for a special civil action for certiorari.

'elucio v. San 3ose# +) Phil. %(1 *)+1$-:here the appointment of a regular administrator is appealed+ a special administrator should be

appointed. :here an order removing an administrator appealed+ the administrator remainspending appeal+ unless the court appoints a special administrator or orders e&ecution pending

appeal.

Alcasid v. Samson# )6$ Phil. 0%1 *)+10-Pending the appeal of an order for removal of a special administrator and appointment of aregular administrator+ another special administrator should be appointed.

de 0eon5 %zaetaruled that pending appeal of an order allowing probate (not the order appointing

regular administrator)+ the e&ecutor or regular administrator should be appointed special

administrator. In #elucio and Alcasid+ if the pending appeal is the choice of the adminstrator+ adifferent special administrator should be appointed.

!e "u4man v. Angeles# )($ S&'A %20 *)+,,-A hearing and notice of such hearing for appointment of a special administrator is re


26/113

>>

$% Cases

"arcia 9ule v. &A# 02 S&'A ),+ *)+0(-1he preference in appointing regular administrators is the same as appointing specialadministrators. 1he surviving spouse is still preferred.

Pijuan v. /da. de "urrea# ), S&'A ,+, *)+((-1he preference accorded to the surviving spouse operates only if there is not e&ecutor named in

the will who is willing and Phil. @@ ($@>)+ the S; ruled that the order of preference for

appointing regular administrator is not mandatory.

c. Po)ers and Liabilities o! Special Ad+inistrator

&% Rule B Sec. $

Sec. $.Powers and duties of special administrator. Suc( special ad+inistrator s(all ta1e

possession and c(arge o! goods3 c(attels3 rig(ts3 credits3 and estate o! t(e deceased and

preser'e t(e sa+e !or t(e e6ecutor or ad+inistrator a!ter)ards appointed3 and !or t(at

purpose +a co++ence and +aintain suits as ad+inistrator. e +a sell onl suc(peris(able and ot(er propert (personal property only. He cannot sell real property even if

ordered by the court. Such orders are null ! void)as t(e court orders sold. A special

ad+inistrator s(all not be liable to pa an debts o! t(e deceased unless so ordered b t(e

court. (debts ordered by the court to be paid need not be ratified by the regular administrator)



27/113

>*

$% Cases

Anderson v. Perins# ) S&'A %,0 *)+()-1he power of the special administrator to sell is not limited to perishable properties only. He canalso sell other property as the court orders sold./

Liwanag v. 'eyes# )$ S&'A 2% *)+(2-A special administrator may be made a defendant 'ust li7e a regular administrator.

d. Re+o'al o! Special Ad+inistrator

&% Rule B Sec. ;

Sec. ;. =hen powers of special administrator cease. 8ransfer of effects. Pending suits.

9(en letters testa+entar or o! ad+inistration are granted on t(e estate o! t(e deceased3

t(e po)ers o! t(e special ad+inistrator s(all cease3 and (e s(all !ort()it( deli'er to t(e

e6ecutor or ad+inistrator t(e goods3 c(attels3 +one3 and estate o! t(e deceased in (is

(ands. -(e e6ecutor or ad+inistrator +a prosecute to !inal judg+ent suits co++enced b

suc( special ad+inistrator.$% Cases

Alcasid v. Samson# )6$ Phil. 0%1 *)+10-Pending the appeal of an order for removal of a special administrator and appointment of a

regular administrator+ another special administrator should be appointed.

3unCuera v. Borromeo# ++ Phil. $0( *)+1(-=ailure to file an inventory of the estate within a reasonable period is a ground for removal of aspecial administrator.

&;.4onds o! E6ecutors and Ad+inistrators

a. Rule &

Sec. &. Bond to be given before issuance of letters. Amount. &onditions. 4e!ore an

e6ecutor or ad+inistrator enters upon t(e e6ecution o! (is trust3 and letters testa+entar

or o! ad+inistration issue3 (e s(all gi'e a bond3 in suc( su+ as t(e court directs3

conditioned as !ollo)s*

"a% -o +a1e and return to t(e court3 )it(in t(ree ";% +ont(s3 a true and co+plete

in'entor o! all goods3 c(attels3 rig(ts3 credits3 and estate o! t(e deceased )(ic( s(all co+e

to (is possession or 1no)ledge or to t(e possession o! an ot(er person !or (i+,

"b% -o ad+inister according to t(ese rules3 and3 i! an e6ecutor3 according to t(e )ill o!

t(e testator3 all goods3 c(attels3 rig(ts3 credits3 and estate )(ic( s(all at an ti+e co+e to(is possession or to t(e possession o! an ot(er person !or (i+3 and !ro+ t(e proceeds to

pa and disc(arge all debts3 legacies3 and c(arges on t(e sa+e3 or suc( di'idends t(ereon

as s(all be decreed b t(e court,

"c% -o render a true and just account o! (is ad+inistration to t(e court )it(in one "&%

ear3 and at an ot(er ti+e )(en re7uired b t(e court,

"d% -o per!or+ all orders o! t(e court b (i+ to be per!or+ed.



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>@

Conditions o! t(e ad+inistrators bond > duties o! an

ad+inistrator. to ma7e and return to the court+ within > months+ a true and complete inventory of the estate

which shall come to his possession or 7nowledge or to the possession of any other person for

himC

." to administer the estate+ and from the proceeds to pay and discharge all debts+ legacies+ andcharges+ or such dividends thereon as shall be decreed by the courtC

.> to render a true and 'ust account of his administration to the court within year+ and at any

other time when re


29/113

>4

b. Cases

&osme de endo4a v. Pacheco# (2 Phil. )%2 *)+%0-1he probate court has to power to e&ecute on the administrator2s bond. 1he administrator2s bondmay held liable in the proceedings for the accounting of the administrator. A separate action need

not be filed.

=arner# Barnes &o.# Ltd. v. Lu4on Surety &o.# +1 Phil. +$2

*)+12-1houghMendoza v. Pac!ecoruled that the probate court has 'urisdiction to e&ecute on the bond+

it did not rule that a claim on an administrator2s bond may not be litigated in a separate action.

Although the probate court has 'urisdiction over the forfeiture or enforcement of anadministrators bond+ the same matter may be litigated in an separate ordinary civil action.

Although an administrators bond is e&ecuted in favor of the #epublic of the Philippines+ it is

e&pressly for the benefit of the heirs+ legatees and creditors. A creditor may directly in his nameenforce said bond in so far as he is concerned. :here there are no proceedings for the

administration of the estate of the deceased administrator+ the creditor may enforce the

administrator2s bond against the surety which bound itself 'ointly and severally in the case wherethe bond was filed.

Lu4on Surety &o.# :nc. v. Duebrar# )$0 S&'A $+1 *)+,2-=acts5 Administrator2s bond was renewable every year with indemnity agreement for all

e&penses. #enewal fees and indemnifications were unpaid since the "ndyear. After distributionand on motion+ court cancelled the bonds. Surety sues for the renewal fees and indemnifications

from the "ndyear until the bonds were cancelled. %&ecutor claims that the administrator2s bond

ceased to be effective from the approval of the pro'ect of partition and the indemnification

agreement ceased to be effective from the failure to pay the renewal fees.

Held5 1he surety is liable under the administrator2s bond for as long as the administrator has

duties to do as such e&ecutor or administrator. Hence+ the administrator is still duty bound torespect the indemnity agreements entered into by him in consideration of the suretyship.

1he e&ecutor still had duties to perform even after the approval of the pro'ect of partition. 1herewere still debts and e&penses to be paid after then. An estate may be partitioned even before the

termination of the administration proceedings. Partition does not terminate the administration

proceedings.

1he sureties of an administration bond are liable only for matters occurring during the termcovered by the bond. 1he term of a bond does not usually e&pire until the administration has

been closed and terminated. As long as the probate court retains 'urisdiction of the estate+ the

bond contemplates a continuing liability notwithstanding the non,renewal of the bond.

Payment of the premiums and documentary stamps are not conditions precedent for theeffectivity of the bonds. 1here is no provision or condition in the bond to the effect that it will

terminate at the end of the styear if the premium for continuation thereafter is not paid. 1here is

no clause by which its obligation is avoided or even suspended by the failure of the obligee to

pay an annual premium.

Fottomline5 Subse


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>3

Fefore the postponed hearing ta7es place+ he withdraws money from the decedent2s 'oint account

with him.

Held5 1he withdrawal+ the failure to account for the proceeds+ and claim over the shares areenough ground to remove the e&ecutor.

endiola v. &A# )+6 S&'A 2$) *)++6-=ailure to pay estate ta&+ failure to render an accounting of the estate+ and causing the estate to besub'ect to needless litigation is sufficient ground to remove an e&ecutor. d

"on4ales v. Aguinaldo# )+6 S&'A ))$ *)++6-ere temporary absence andNor disagreements with co,administrators+ without misconduct+ is

not sufficient ground for removal of a co,administrator. 1he removal of an administrator does

not lie on the whims+ caprices and dictates of the heirs or beneficiaries of the estate.

&=.In'entor and Appraisal. Pro'ision !or Support o! :a+il

a. Rule ;

Sec. &. :nventory and appraisal to be returned within three months. 9it(in t(ree ";%+ont(s a!ter (is appoint+ent e'er e6ecutor or ad+inistrator s(all return to t(e court a

true in'entor and appraisal o! all t(e real and personal estate o! t(e deceased )(ic( (as

co+e into (is possession or 1no)ledge. In t(e appraise+ent o! suc( estate3 t(e court +a

order one or +ore o! t(e in(eritance ta6 appraisers to gi'e (is or t(eir assistance.

Administrator should return an inventory and appraisal of the estate within > months from his

appointment.

Sec. $. &ertain articles not to be inventoried. -(e )earing apparel o! t(e sur'i'ing

(usband or )i!e and +inor c(ildren3 t(e +arriage bed and bedding3 and suc( pro'isions

and ot(er articlesas )ill necessaril be consu+ed in t(e subsistence o! t(e !a+il o! t(e

deceased3 under t(e direction o! t(e court3 s(all not be considered as assets3 norad+inistered as suc(3 and s(all not be included in t(e in'entor.

Sec. ;.Allowance to widow and family. -(e )ido) and +inor or incapacitated c(ildren

o! a deceased person3 during t(e settle+ent o! t(e estate3 s(all recei'e t(ere!ro+3 under t(e

direction o! t(e court3 suc( allo)ance as are pro'ided b la). (the basis in substantive law isArt>> =amily ;ode)

b. Cases

"arcia v. "arcia# (0 Phil. %1% *)+%+-=or the purpose of determining whether a certain property should or should not be included in

the inventory+ the probate court may pass upon the title thereto+ but such determination is not

conclusive and is sub'ect to the final decision in a separate action to be instituted between theparties.

&ui4on v. 'amolete# )$+ S&'A 2+1 *)+,2-:hen the property in rdparties and more important+ covered

by a 1;1 issued in the name of such >rdparties+ the court should have denied the motion of the

administrator and e&cluded the property in


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estate. It had no authority to deprive such > rdpersons of their possession and ownership of the

property.

"uinguing v. Abuton# 2, Phil. )22 *)+$1-:here the claims of ownership is between the adminstrator and > rd persons+ such should be

settled in a separate proceeding. :here the dispute is between the administrator and an heir+ the

issue may be resolved in the same proceedings. 1he inclusion of a property in the inventory doesnot deprive the occupant of possession.

Fottomline5 If the claimiant of the party is an heir and the parties agree+ the probate court can

determine the issue of ownership conclusively between them. However+ if the claimant is a

stranger to the probate proceeding+ the court can resolve the issue of ownership only

provisionally. (p. 3> oran)

Sebial v. Sebial# (2 S&'A %,1 *)+01-1he >,month period to file an inventory 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 probatecourt ac,month period would notdeprive the probate court of 'urisdiction to approve it. However+ an administrators une&plained

delay in filing the inventory may be a ground for his removal

Pio Barretto 'ealty !evelopment# :nc. v. &A# )%) S&'A (6( *)+,2-Luestions of title or ownership+ which result to inclusion in or e&clusion from the inventory can

only be settled conclusively in a separate action.

Santero v. &9: of &avite# )1% S&'A 0$, *)+,0-:hile the rules of court limit allowances to the widow and minor or incapacitated children+ the

;ivil ;ode (now =amily ;ode) gives the surviving spouse and his children support without

distinction. Hence+ the fact that the children are of ma'ority age+ gainfully employed+ or alreadymarried is irrelevant in determining entitlement to support while the estate proceedings are being

settled.

Estate of 7ilario 'ui4 v. &A# $1$ S&'A 126 *)++(-Support pending estate proceedings should not be limited to minor or incapacitated children ofthe decedent+ but should be given to all children entitled to support (e.g. education) even those of

ma'ority age. However+ substantive law (Art. 33 ;;+ now Art. >> =;) limits such support to

only the surviving spouse and children. It does not e&tend to grandchildren.

cf Art. >> =;

Art. >>. =rom the common mass of property support shall be given to the surviving spouse and to thechildren during the li


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Sec. &.Executor or administrator to have access to partnership boos and property. 7ow

right enforced. -(e e6ecutor or ad+inistrator o! t(e estate o! a deceased partner s(all at all

ti+es (a'e access to3 and +a e6a+ine and ta1e copies o!3 boo1s and papers relating to t(e

partners(ip business3 and +a e6a+ine and +a1e in'oices o! t(e propert belonging to

suc( partners(ip, and t(e sur'i'ing partner or partners3 on re7uest3 s(all e6(ibit to (i+ all

suc( boo1s3 papers3 and propert in t(eir (ands or control. On t(e )ritten application o!suc( e6ecutor or ad+inistrator3 t(e court (a'ing jurisdiction o! t(e estate +a order an

suc( sur'i'ing partner or partners to !reel per+it t(e e6ercise o! t(e rig(ts3 and to e6(ibit

t(e boo1s3 papers3 and propert3 as in t(is section pro'ided3 and +a punis( an partner

!ailing to do so !or conte+pt.

Sec. $. Executor or administrator to eep buildings in repair. An e6ecutor or

ad+inistrator s(all +aintain in tenantable repair t(e (ouses and ot(er structures and

!ences belonging to t(e estate3 and deli'er t(e sa+e in suc( repair to t(e (eirs or de'isees

)(en directed so to do b t(e court.

Sec. ;. Executor or administrator to retain whole estate to pay debts# and to administer

estate not willed. An e6ecutor or ad+inistrator s(all (a'e t(e rig(t to t(e possession and

+anage+ent o! t(e real as )ell as t(e personal estate o! t(e deceased so long as it is

necessar !or t(e pa+ent o! t(e debts and t(e e6penses o! ad+inistration.

b. Cases

alahacan v. :gnacio# )+ Phil. 2%2 *)+))-1he e&ecutor or administrator has the right to ta7e possession of the estate so long as it is

necessary for the payment of debts and e&penses of administration. :here there are no debts tobe paid+ there is no reason for the e&ecutor2 or administrator2 ta7ing possession of the estate

which should pass to the heir. If other heirs have not received their participation+ their remedy is

an action for partition.

San !iego v. 5ombre# )) S&'A )(1 *)+(2-Administrator has the power of administration over the estate. He may therefore enter into acts

of administration li7e leasing estate property without securing any permission from the probate

court. :here the lease has formally been entered into+ the court can not+ in the same proceeding+annul and lease.

:hile the duties of a 'udicial administrator and an agent are in some respects identical+ the

provision on agency which limits the activity of the agent to lease real property for more than

year without special power from the principal does not apply to 'udicial administrators who maylease properties without any special authority from the court. A 'udicial admininstrator is

appointed by the court and is the representative not only of the court+ but also the heirs and

creditors of the estate. A 'udicial administrator before entering into his duties+ is re


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3aroda v. &usi# $, S&'A )66, *)+(+-An administrator can not appoint himself as attorney,in,fact to sell property of the estate. An

order of the probate court approving such appointment is void.

=ilson v. 'ear# 11 Phil. 22 *)+%6-An administrator+ without an order of the court+ has no authority to continue the business in

which the deceased was engaged at the time of his death. If he does so with the funds of theestate+ he is chargeable with all the losses incurred thereby without allowing him to receive the

benefit of any profits that he may ma7e. %&ecutors and administrators who do not actively labor

to close the estate within " months can be deprived of compensation. Harsher measures may be

his removal or his liability for damage. 1he law does not impose upon the e&ecutor oradministrator a high degree of care+ but it does impose upon him ordinary and usual care+ for the

want of which he is personally liable.

9abie v. ulo# $2 Phil. $26 *)+)%-1he e&ecutor or administrator can not borrow money without authority of the court+ even if it isfor the benefit of the estate. In case he does+ he alone will be responsible with his own property

for the debts and obligations he has contracted. 1he fact that the money was used for the benefitand improvement of the estate cannot affect a creditors rights+ nor is he obliged to direct hisaction against the estate+ but it lies directly against the administrator or e&ecutor who is alone

personally responsible for the payment of the debt he contracted.

.Accountabilit and Co+pensation o! E6ecutors and Ad+inistrators

a. Rule =

Sec. &. Executor or administrator chargeable with all estate and income. E6cept as

ot(er)ise e6pressl pro'ided in t(e !ollo)ing sections3 e'er e6ecutor or ad+inistrator is

c(argeable in (is account )it( t(e )(ole o! t(e estate o! t(e deceased )(ic( (as co+e into

(is possession3 at t(e 'alue o! t(e appraise+ent contained in t(e in'entor, )it( all t(einterest3 pro!it3 and inco+e o! suc( estate, and )it( t(e proceeds o! so +uc( o! t(e estate as

is sold b (i+3 at t(e price at )(ic( it )as sold.

Sec. $.5ot to profit by increase or lose by decrease in value. No e6ecutor or ad+inistrator

s(all pro!it b t(e increase3 or su!!er loss b t(e decrease or destruction3 )it(out (is !ault3

o! an part o! t(e estate. e +ust account !or t(e e6cess )(en (e sells an part o! t(e estate

!or +ore t(an appraise+ent3 and i! an is sold !or less t(an t(e appraise+ent3 (e is not

responsible !or t(e loss3 i! t(e sale (as been justl +ade. I! (e settles an clai+ against t(e

estate !or less t(an its no+inal 'alue3 (e is entitled to c(arge in (is account onl t(e a+ount

(e actuall paid on t(e settle+ent.

Sec. ;. =hen not accountable for debts due estate. No e6ecutor or ad+inistrator s(all be

accountable !or debts due t(e deceased )(ic( re+ain uncollected )it(out (is !ault.

Sec. 5.Accountable for income from realty used by him. I! t(e e6ecutor or ad+inistrator

uses or occupies an part o! t(e real estate (i+sel!3 (e s(all account !or it as +a be agreed

upon bet)een (i+ and t(e parties interested3 or adjusted b t(e court )it( t(eir assent,

and i! t(e parties do not agree upon t(e su+ to be allo)ed3 t(e sa+e +a be ascertained b

t(e court3 )(ose deter+ination in t(is respect s(all be !inal.



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Sec. =.Accountable if he neglects or delays to raise or pay money. 9(en an e6ecutor or

ad+inistrator neglects or unreasonabl delas to raise +one3 b collecting t(e debts or

selling t(e real or personal estate o! t(e deceased3 or neglects to pa o'er t(e +one (e (as

in (is (ands3 and t(e 'alue o! t(e estate is t(ereb lessened or unnecessar cost or interest

accrues3 or t(e persons interested su!!er loss3 t(e sa+e s(all be dee+ed )aste and t(e

da+age sustained +a be c(arged and allo)ed against (i+ in (is account3 and (e s(all beliable t(ere!or on (is bond.

Sec. ?. =hen allowed money paid as costs. -(e a+ount paid b an e6ecutor or

ad+inistrator !or costs a)arded against (i+ s(all be allo)ed in (is ad+inistration account3

unlessit appears t(at t(e action or proceeding in )(ic( t(e costs are ta6ed )as prosecuted

or resisted )it(out just cause3 and not in good !ait(.

Sec. #. =hat expenses and fees allowed executor or administrator. 5ot to charge for

services as attorney. &ompensation provided by will controls unless renounced. An e6ecutor

or ad+inistrator s(all be allo)ed t(e necessar e6pensesin t(e care3 +anage+ent3 and

settle+ent o! t(e estate3 and !or (is ser'ices3 !our pesos per da !or t(e ti+e actuall and

necessaril e+ploed3 or a co++ission upon t(e 'alue o! so +uc( o! t(e estate as co+es

into (is possession and is !inall disposed o! b (i+ in t(e pa+ent o! debts3 e6penses3

legacies3 or distributi'e s(ares3 or b deli'er to (eirs or de'isees3 o! t)o per centu+ o! t(e

!irst !i'e t(ousand pesos o! suc( 'alue3 one per centu+ o! so +uc( o! suc( 'alue as e6ceeds

!i'e t(ousand pesos and does not e6ceed t(irt t(ousand pesos3 one8(al! per centu+ o! so

+uc( o! suc( 'alue as e6ceeds t(irt t(ousand pesos and does not e6ceed one (undred

t(ousand pesos and one87uarter per centu+ o! so +uc( o! suc( 'alue as e6ceed one

(undred t(ousand pesos. 4ut in an special case3 )(ere t(e estate is large3 and t(e

settle+ent (as been attended )it( great di!!icult3 and (as re7uired a (ig( degree or

capacit on t(e part o! t(e e6ecutor or ad+inistrator3 a greater su+ +a be allo)ed. I!

objection to t(e !ees allo)ed be ta1en3 t(e allo)ance +a be re8e6a+ined on appeal.

I! t(ere are t)o or +ore e6ecutors or ad+inistrators3 t(e co+pensation s(all beapportioned a+ong t(e+ b t(e court according to t(e ser'ices actuall rendered b t(e+

respecti'el.

9(en t(e e6ecutor or ad+inistrator is an attorne3 (e s(all not c(arge against t(e

estate an pro!essional !ees !or legal ser'ices rendered b (i+.

9(en t(e deceased b )ill +a1es so+e ot(er pro'ision !or t(e co+pensation o! (is

e6ecutor3 t(at pro'ision s(all be a !ull satis!action !or (is ser'ices unless b a )ritten

instru+ent !iled in t(e court (e renounces all clai+ to t(e co+pensation pro'ided b t(e

)ill.

Conditions )(en greater co+pensation +a be gi'en to t(e

ad+instrator. estate is large

." settlement has been attended with great difficulty+ and

.> settlement has re


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*>

Sec. . =hen executor or administrator to render account. E'er e6ecutor or

ad+inistrator s(all render an account o! (is ad+inistration )it(in one "&% ear !ro+ t(e

ti+e o! recei'ing letters testa+entar or o! ad+inistration3 unless t(e court ot(er)ise

directs because o! e6tensions o! ti+e !or presenting clai+s against3 or paing t(e debts o!3

t(e estate3 or !or disposing o! t(e estate, and (e s(all render suc( !urt(er accounts as t(e

court +a re7uire until t(e estate is )(oll settled.Sec. @. Examination on oath with respect to account. -(e court +a e6a+ine t(e

e6ecutor or ad+inistrator upon oat( )it( respect to e'er +atter relating to an account

rendered b (i+3 and s(all so e6a+ine (i+ as to t(e correctness o! (is account be!ore t(e

sa+e is allo)ed3 e6cept)(en no objection is +ade to t(e allo)ance o! t(e account and its

correctness is satis!actoril establis(ed b co+petent proo!. -(e (eirs3 legatees3

distributees3 and creditors o! t(e estate s(all (a'e t(e sa+e pri'ilege as t(e e6ecutor or

ad+inistrator o! being e6a+ined on oat( o! an +atter relating to an ad+inistration.

Sec. &B. Account to be settled on notice. 4e!ore t(e account o! an e6ecutor or

ad+inistrator is allo)ed3 notice s(all be gi'en to persons interested o! ti+e and place o!

e6a+ining and allo)ing t(e sa+e, and suc( notice +a be gi'en personall to suc( persons

interested or b ad'ertise+ent in a ne)spaper or ne)spapers3 or bot(3 as t(e court directs.

Sec. &&.Surety on bond may be party to accounting. Fpon t(e settle+ent o! t(e account

o! an e6ecutor or ad+inistrator3 a person liable as suret in respect to suc( account +a3

upon application3 be ad+itted as part to suc( accounting.

b. Cases

3oson v. 3oson# $ S&'A ,$ *)+()-%&tra'udicial settlement and partition of the estate is not a waiver of the ob'ections of the heirs to

the accounts submitted by the adminstrator or a release of the latter2s obligation to prove his

accounts. 1his is more so when according to the oppositors+ the administrator has committed in

his accounts a shortage which certainly can not 'ust be brushed aside by a mere technicality.

'odrigue4 v. Silva# +6 Phil. 01$ *)+1$-1he amount of commission an e&ecutor or administrator may be allowed may be greater where

the estate is large+ and the settlement has been attended with great difficulty+ and has re


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Phil. 8rust &o. v. Lu4on Surety &o.# $ S&'A )$$ *)+()-Sureties (of the e&ecutor2s or administrator2s bond) are not entitled to notice but may be allowed

to intervene in the settlement of the account of the e&ecutor or administrator if they as7 for leaveto do so in due time.

Lim >alaw v. :A $)% S&'A $,+ *)++$-1he rendering of an accounting by an administrator of his administration within one year fromhis appointment is mandatory. 1he only e&ception is when the court otherwise directs because of

e&tensions of time for presenting claims against+ or paying the debts of the estate. =ailure to do

so is ground for removal as administrator.

&.Clai+s Against Estate

a. Rule ?

Sec. &. 5otice to creditors to be issued by court. I++ediatel a!ter granting letters

testa+entar or o! ad+inistration3 t(e court s(all issue a notice re7uiring all persons

(a'ing +one clai+sagainst t(e decedent to !ile t(e+ in t(e o!!ice o! t(e cler1 o! said

court.

Sec. $. 8ime within which claims shall be filed. In t(e notice pro'ided in t(e preceding

section3 t(e court s(all state t(e ti+e !or t(e !iling o! clai+s against t(e estate3 )(ic( s(all

not be +ore t(an t)el'e "&$% nor less t(an si6 "?% +ont(s a!ter t(e date o! t(e !irst

publication o! t(e notice. o)e'er3 at an ti+e be!ore an order o! distribution is entered3

on application o! a creditor )(o (as !ailed to !ile (is clai+ )it(in t(e ti+e pre'iousl

li+ited3 t(e court +a3 !or cause s(o)n and on suc( ter+s as are e7uitable3 allo) suc(

clai+ to be !iled )it(in a ti+e not e6ceeding one "&% +ont(.

Period which the court is allowed to set for presentation of money claims "ONL MONE

CLAIMS%5 4," months from stpublication.

%&tension5 ot e&ceeding month if. before an order of distribution is entered

." an application of a creditor who has failed to file his claim within the period

.> for cause shown

de 0eon5 :hat is the remedy if an order for distribution had already been enteredM

Sec. ;. Publication of notice to creditors. E'er e6ecutor or ad+inistrator s(all3

i++ediatel a!ter t(e notice to creditors is issued3 cause t(e sa+e to be publis(ed t(ree ";%

)ee1s successi'el in a ne)spaper o! general circulation in t(e pro'ince3 and to be posted

!or t(e sa+e period in !our public places in t(e pro'ince and in t)o public places in t(e

+unicipalit )(ere t(e decedent last resided.

Sec. 5. 9iling copy of printed notice. 9it(in ten "&B% das a!ter t(e notice (as been

publis(ed and posted in accordance )it( t(e preceding section3 t(e e6ecutor or

ad+inistrator s(all !ile or cause to be !iled in t(e court a printed cop o! t(e notice

acco+panied )it( an a!!ida'it setting !ort( t(e dates o! t(e !irst and last publication

t(ereo! and t(e na+e o! t(e ne)spaper in )(ic( t(e sa+e is printed.

Sec. =. &laims which must be filed under the notice. :f not filed# barred exceptions. All

clai+s !or +one against t(e decedent3 arising !ro+ contract3 e6press or i+plied3 )(et(er



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t(e sa+e be due3 not due3 or contingent3 all clai+s !or !uneral e6penses and e6penses !or

t(e last sic1ness o! t(e decedent3 and judg+ent !or +one against t(e decedent3 +ust be

!iled )it(in t(e ti+e li+ited in t(e notice, ot(er)ise t(e are barred !ore'er3 e6ceptt(at

t(e +a be set !ort( as counterclai+s in an action t(at t(e e6ecutor or ad+inistrator

+a bring against t(e clai+ants. 9(ere an e6ecutor or ad+inistrator co++ences an

action3 or prosecutes an action alread co++enced b t(e deceased in (is li!eti+e3 t(edebtor +a set !ort( b ans)er t(e clai+s (e (as against t(e decedent3 instead o!

presenting t(e+ independentl to t(e court as (erein pro'ided3 and +utual clai+s +a be

set o!! against eac( ot(er in suc( action, and i! !inal judg+ent is rendered in !a'or o! t(e

de!endant3 t(e a+ount so deter+ined s(all be considered t(e true balance against t(e

estate3 as t(oug( t(e clai+ (ad been presented directl be!ore t(e court in t(e

ad+inistration proceedings. Clai+s not et due or contingent3 +a be appro'ed at t(eir

present 'alue.

Re7uire+ents !or t(e statute o! non8clai+s to appl. money claims (arising from contract whether due or not+ funeral e&penses+ e&penses for the

last sic7ness of the decedent+ money 'udgment)

." property of the estate inventoried

.> commissioner on claims regularly appointed

.* publication of notice duly made

.@ no fraud in the proceedings.

E6ception*oney claims otherwise barred by the statute of non,claims may be set as a counterclaim against

the estate.

9(en +one clai+s need not be presented be!ore t(e probate

court. can be set,up as a counterclaim in an action by the estate

." already commenced at the time of the decedent2s death (#ule >+ Sec. "9)

;laims not yet due or contingent+ may be approved at their present value.

Sec. ?.Solidary obligation of decedent. 9(ere t(e obligation o! t(e decedent is solidar

)it( anot(er debtor3 t(e clai+ s(all be !iled against t(e decedent as i! (e )ere t(e onl

debtor3 )it(out prejudice to t(e rig(t o! t(e estate to reco'er contribution !or+ t(e ot(er

debtor. In a joint obligation o! t(e decedent3 t(e clai+ s(all be con!ined to t(e portion

belonging to (i+.

ote that this does not prevent the creditor from claiming the whole debt against the surviving

debtor. J'mperial 'ns. Co. v. (avid+ >> S;#A > ($3*)K

Sec. #.ortgage debt due from estate. A creditor (olding a clai+ against t(e deceasedsecured b +ortgage or ot(er collateral securit3 +a abandon t(e securit and prosecute

(is clai+ in t(e +anner pro'ided in t(is rule3 and s(are in t(e general distribution o! t(e

assets o! t(e estate, or (e +a !oreclose (is +ortgage or reali/e upon (is securit3 b action

in court3 +a1ing t(e e6ecutor or ad+inistrator a part de!endant3 and i! t(ere is a

judg+ent !or a de!icienc3 a!ter t(e sale o! t(e +ortgaged pre+ises3 or t(e propert

pledged3 in t(e !oreclosure or ot(er proceeding to reali/e upon t(e securit3 (e +a clai+

(is de!icienc judg+ent in t(e +anner pro'ided in t(e preceding section, or (e +a rel



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upon (is +ortgage o! ot(er securit alone3 and !oreclose t(e sa+e at an ti+e )it(in t(e

period o! t(e statute o! li+itations3 and in t(at e'ent (e s(all not be ad+itted as a creditor3

and s(all recei'e no s(are in t(e distribution o! t(e ot(er assets o! t(e estate, but not(ing

(erein contained s(all pro(ibit t(e e6ecutor or ad+inistrator !ro+ redee+ing t(e propert

+ortgaged or pledged3 b paing t(e debt !or )(ic( it is (eld as securit3 under t(e

direction o! t(e court3 i! t(e court s(all adjudge it to be !or t(e best interest o! t(e estatet(at suc( rede+ption s(all be +ade.

Options o! a +ortgagee in case o! +ortgagors deat(. abandon the security and prosecute his claim in the estate proceedings+ and share in the

general distribution of the assets of the estateC or." foreclose the mortgage+ and if there is a 'udgment for a deficiency+ claim his deficiency

'udgment in the estate proceedingsC or

.> rely upon his mortgage of other security alone+ and foreclose the same at any time within theperiod of the statute of limitations+ and in that event he shall not be admitted as a creditor+

and shall receive no share in the distribution of the other assets of the estate

Sec. . &laim of executor or administrator against an estate. I! t(e e6ecutor orad+inistrator (as a clai+ against t(e estate (e represents3 (e s(all gi'e notice t(ereo!3 in

)riting3 to t(e court3 and t(e court s(all appoint a special ad+inistrator3 )(o s(all3 in t(e

adjust+ent o! suc( clai+3 (a'e t(e sa+e po)er and be subject to t(e sa+e liabilit as t(e

general ad+inistrator or e6ecutor in t(e settle+ent o! ot(er clai+s. -(e court +a order

t(e e6ecutor or ad+inistrator to pa to t(e special ad+inistrator necessar !unds to de!end

suc( clai+.

1his provides for the other ground for appointing a special administrator.

Sec. @.7ow to file a claim. &ontents thereof. 5otice to executor or administrator. A clai+

+a be !iled b deli'ering t(e sa+e )it( t(e necessar 'ouc(ers to t(e cler1 o! court and

b ser'ing a cop t(ereo! on t(e e6ecutor or ad+inistrator. I! t(e clai+ be !ounded on a

bond3 bill3 note or an ot(er instru+ent3 t(e original need not be !iled3 but a cop t(ereo!

)it( all indorse+ents s(all be attac(ed to t(e clai+ and !iled t(ere)it( . On de+and3

(o)e'er3 o! t(e e6ecutor or ad+inistrator3 or b order o! t(e court or judge3 t(e original

s(all be e6(ibited3 unless it be lost or destroed3 in )(ic( case t(e clai+ant +ust

acco+pan (is clai+ )it( a!!ida'it or a!!ida'its containing a cop or particular description

o! t(e instru+ent and stating its loss or destruction. 9(en t(e clai+ is due3 it +ust be

supported b a!!ida'it stating t(e a+ount justl due3 t(at no pa+ents (a'e been +ade

t(ereon )(ic( are not credited3 and t(at t(ere are no o!!sets to t(e sa+e3 to t(e 1no)ledge

o! t(e a!!iant. I! t(e clai+ is not due3 or is contingent3 )(en !iled3 it +ust also be supported

b a!!ida'it stating t(e particulars t(ereo!. 9(en t(e a!!ida'it is +ade b a person ot(er

t(an t(e clai+ant3 (e +ust set !ort( t(erein t(e reason )( it is not +ade b t(e clai+ant.

-(e clai+ once !iled s(all be attac(ed to t(e record o! t(e case in )(ic( t(e letters

testa+entar or o! ad+inistration )ere issued3 alt(oug( t(e court3 in its discretion3 and as

a +atter o! con'enience3 +a order all t(e clai+s to be collected in a separate !older.

Sec. &B. Answer of executor or administrator. ?ffsets. 9it(in !i!teen "&=% das a!ter

ser'ice o! a cop o! t(e clai+ on t(e e6ecutor or ad+inistrator3 (e s(all !ile (is ans)er

ad+itting or dening t(e clai+ speci!icall3 and setting !ort( t(e substance o! t(e +atters

)(ic( are relied upon to support t(e ad+ission or denial. I! (e (as no 1no)ledge su!!icient



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to enable (i+ to ad+it or den speci!icall3 (e s(all state suc( )ant o! 1no)ledge. -(e

e6ecutor or ad+inistrator in (is ans)er s(all allege in o!!set an clai+ )(ic( t(e decedent

be!ore deat( (as against t(e clai+ant3 and (is !ailure to do so s(all bar t(e clai+ !ore'er. A

cop o! t(e ans)er s(all be ser'ed b t(e e6ecutor or ad+inistrator on t(e clai+ant. -(e

court in its discretion +a e6tend t(e ti+e !or !iling suc( ans)er.

ote that failure of the e&ecutor or administrator to raise even a permissive counterclaim in hisanswer bars such counterclaim forever.

Sec. &&.!isposition of admitted claim. An clai+ ad+itted entirel b t(e e6ecutor or

ad+inistrator s(all i++ediatel be sub+itted b t(e cler1 to t(e court )(o +a appro'e

t(e sa+e )it(out (earing, but t(e court3 in its discretion3 be!ore appro'ing t(e clai+3 +a

order t(at 1no)n (eirs3 legatees3 or de'isees be noti!ied and (eard. I! upon (earing3 an

(eir3 legatee3 or de'isee opposes t(e clai+3 t(e court +a3 in its discretion3 allo) (i+ !i!teen

"&=% das to !ile an ans)er to t(e clai+ in t(e +anner prescribed in t(e preceding section.

Sec. &$. 8rial of contested claim. Fpon t(e !iling o! an ans)er to a clai+3 or upon t(e

e6piration o! t(e ti+e !or suc( !iling3 t(e cler1 o! court s(all set t(e clai+ !or trial )it(

notice to bot( parties. -(e court +a re!er t(e clai+ to a co++issioner.

Sec. &;.3udgment appealable. -(e judg+ent o! t(e court appro'ing or disappro'ing a

clai+3 s(all be !iled )it( t(e record o! t(e ad+inistration proceedings )it( notice to bot(

parties3 and is appealable as in ordinar cases. A judg+ent against t(e e6ecutor or

ad+inistrator s(all be t(at (e pa3 in due course o! ad+inistration3 t(e a+ount ascertained

to be due3 and it s(all not create an lien upon t(e propert o! t(e estate3 or gi'e to t(e

judg+ent creditor an priorit o! pa+ent.

1he remedy from a 'udgment allowing a claim is appeal.

Sec. &5. &osts. 9(en t(e e6ecutor or ad+inistrator3 in (is ans)er3 ad+its and o!!ers to

pa part o! a clai+3 and t(e clai+ant re!uses to accept t(e a+ount o!!ered in satis!action o!

(is clai+3 i! (e !ails to obtain a +ore !a'orable judg+ent3 (e cannot reco'er costs3 but +ustpa to t(e e6ecutor or ad+inistrator costs !ro+ t(e ti+e o! t(e o!!er. 9(ere an action

co++enced against t(e deceased !or +one (as been discontinued and t(e clai+ e+braced

t(erein presented as in t(is rule pro'ided3 t(e pre'ailing part s(all be allo)ed t(e costs o!

(is action up to t(e ti+e o! its discontinuance.

b. Cases

Afan v. !e "u4man# )60 Phil. ,%+ *)+(6-egotiating with of the heirs for payment is not a ground for e&tension of the period to file a

claim+ more so if the claimant was aware that estate proceedings were underway. #e


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Estate of ?lave v. 'eyes# )$% S&'A )(0 *)+6%-:here a claim against a deceased arises from contract+ it may be pursued only by filing the same

in the estate proceedings within the period prescribed. :here the estate is sub'ect of aproceeding+ administrator can not enter into any transaction without prior approval from the

courts.

"utierre4 v. BarrettoF!atu# 1 S&'A 010 *)+($-1he administrator can not be sued for damages for breach of a contract committed by the

decedent. In such a case+ the claim should be filed before the estate proceedings. 1he

administrator may be sued only to recover property or an interest therein+ to enforce a lien on

property+ to recover damages for in'ury to persons or property (now #ule 3 Sec. ).

Aguas v. Llemos# 1 S&'A +1+ *)+($-An action for damages from tort is not a money claim but an action to recover damages for in'ury

to property. Such damage suit survives defendant2s death and need not be separately filed in the

estate proceedings. 1he remedy is to substitute the deceased with the administrator or e&ecutor ofhis estate.

de 0eon5 Note t(at action !or +one clai+s are no) not abated b t(e deat( o! t(ede!endant "Rule ;3 Sec. $B%.

E. "asell &o. v. 8an Sit# 2% Phil. ,)6 *)+$$-A claim that has been discharged in ban7ruptcy proceedings can not be recovered in the estate

proceedings.

:mperial :ns. &o. v. !avid# )%% S&'A %)0 *)+,2-If a solidary debtor dies+ the creditor may sue the surviving solidary debtor. He need not file hisclaim in the estate proceedings+ even if the solidary debtors were married.

Ban of P.:. v. &oncepcion 7ijos# :nc.# 1% Phil. ,6( *)+$,-

=or a mortgagee to claim a deficiency 'udgment on the estate+ he must file a claim for thedeficiency within the period provided+ even if the foreclosure proceedings have not yet beenterminated.

Bayot v. Gurbito# %

Remedial Law Part 09 Special Proceedings

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Transcript of Remedial Law Part 09 Special Proceedings