midterms - part 1 annotation
TRANSCRIPT
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I. JURISDICTION, DEFINITION,
NATURE
A. Defniton and Naure o Special
Proceedings and Rules Applicable
Rule 1, Sec. 3. Cases governed.These Rules
shall govern the procedure to be observed inactions, civil or criminal, and special
proceedings.
(c) A special proceeding is a remedy by which
a party seeks to establish a status, a right, or
a particular fact.
Rule 72, Sec. 1. Subject matter of special
proceedings.Rules of special proceedings are
provided for in the following cases:
(a) Settlement of estate of deceased persons;
(b) Escheat;
(c) Guardianship and custody of children;(d) Trustees;
(e) Adoption;
(f) Rescission and revocation of adoption;
(g) Hospitalization of insane persons;
(h) Habeas corpus;
(i) Change of name;
(j) Voluntary dissolution of corporations;
(k) Judicial approval of voluntary recognition
of minor natural children;
(l) Constitution of family home;
(m) Declaration of absence and death
(n) Cancellation or correction of entries in thecivil registry.
Rule 2, Sec. 1. Ordinary civil actions, basis of.
Every ordinary civil action must be based on
a cause of action. (n)
Sec. 2. Cause of action, defined.A cause of
action is the act or omission by which a party
violates a right of another. (n)
B. Subject Matters of Special
Proceedings
Rule 73, Sec. 1. Where estate of deceased
persons settled.If the decedent is an
inhabitant of the Philippines at the time of
his death, whether a citizen or an alien, his
will shall be proved, or letters of
administration granted, and his estate
settled, in the Regional Trial Court in the
province in which he resides at the time of
his death, and if he is an inhabitant of a
foreign country, the Regional Trial Court of
any province in which he had estate. The
court first taking cognizance of the
settlement of the estate of a decedent, shall
exercise jurisdiction to the exclusion of all
other courts. The jurisdiction assumed by a
court, so far as it depends on the place of
residence of the decedent, or of the location
of his estate, shall not be contested in a suit
or proceeding, except in an appeal from that
court, in the original case, or when the want
of jurisdiction appears on the record.
C. Jurisdiction of Special Proceedings
BP 129, as amended by RA 7691
Sec. 19. Jurisdiction in civil cases. Regional
Trial Courts shall exercise exclusive original
jurisdiction.
(2) In all civil actions which involve the title
to, or possession of, real property, or any
interest therein, where the assessed value of
the property involved exceeds Twenty
thousand pesos (P20,000,00) or, for civil
actions in Metro Manila, where such value
exceeds Fifty thousand pesos (P50,000.00)
except actions for forcible entry into and
unlawful detainer of lands or buildings,original jurisdiction over which is conferred
upon the Metropolitan Trial Courts, Municipal
Trial Courts, and Municipal Circuit Trial
Courts;
(4) In all matters of probate, both testate and
intestate, where the gross value of the estate
exceeds One hundred thousand pesos
(P100,000.00) or, in probate matters in Metro
Manila, where such gross value exceeds Two
Hundred thousand pesos (P200,000.00);
(6) In all cases not within the exclusive
jurisdiction of any court, tribunal, person orbody exercising jurisdiction of any court,
tribunal, person or body exercising judicial or
quasi-judicial functions;
(7) In all civil actions and special proceedings
falling within the exclusive original
jurisdiction of a Juvenile and Domestic
Relations Court and of the Court of Agrarian
Relations as now provided by law; and
(8) In all other cases in which the demand,
exclusive of interest, damages of whatever
kind, attorney's fees, litigation expenses, and
costs or the value of the property incontroversy exceeds One hundred thousand
pesos (P100,000.00) or, in such other cases in
Metro Manila, where the demand exclusive of
the abovementioned items exceeds Two
Hundred thousand pesos (P200,000.00).
Sec. 33. Jurisdiction of Metropolitan Trial
Courts, Municipal Trial Courts and Municipal
Circuit Trial Courts in Civil Cases.
Metropolitan Trial Courts, Municipal Trial
Courts, and Municipal Circuit Trial Courts
shall exercise:
(1) Exclusive original jurisdiction over civilactions and probate proceedings, testate and
intestate, including the grant of provisional
remedies in proper cases, where the value of
the personal property, estate, or amount of the
demand does not exceed One hundred
thousand pesos (P100,000.00) or, in Metro
Manila where such personal property, estate,
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or amount of the demand does not exceed Two
hundred thousand pesos (P200,000.00),
exclusive of interest, damages of whatever
kind, attorney's fees, litigation expenses, and
costs, the amount of which must be specifically
alleged: Provided, That interest, damages of
whatever kind, attorney's fees, litigation
expenses, and costs shall be included in the
determination of the filing fees: Provided,
further, That where there are several claims
or causes of actions between the same or
different parties, embodied in the same
complaint, the amount of the demand shall be
the totality of the claims in all the causes of
action, irrespective of whether the causes of
action arose out of the same or different
transactions
D. Applicability of Rules of Civil
Action
Rule 72, Sec. 2. Applicability of rules of civil
actions.In the absence of special provisions,
the rules provided for in ordinary actions shall
be, as far as practicable, applicable in special
proceedings.
II. RULES CONFERRING POWER ON
ONE OVER THE PROPERTY OF
ANOTHER
A. Settlement of Estate of DeceasedPersons
1. Venue and Jurisdiction
Rule 73, Sec. 1. Where estate of deceased
persons settled.If the decedent is an
inhabitant of the Philippines at the time of his
death, whether a citizen or an alien, his will
shall be proved, or letters of administration
granted, and his estate settled, in the Regional
Trial Court in the province in which he resides
at the time of his death, and if he is an
inhabitant of a foreign country, the Regional
Trial Court of any province in which he had
estate. The court first taking cognizance of the
settlement of the estate of a decedent, shall
exercise jurisdiction to the exclusion of all
other courts. The jurisdiction assumed by a
court, so far as it depends on the place of
residence of the decedent, or of the location of
his estate, shall not be contested in a suit or
proceeding, except in an appeal from that
court, in the original case, or when the want of
jurisdiction appears on the record.
Sec. 2. Where estate settled upon dissolution
of marriage. When the marriage is dissolved
by the death of the husband or wife, the
community property shall be inventoried,
administered, and liquidated, and the debts
thereof paid, in the testate or intestate
proceedings of the deceased spouse. If both
spouses have died, the conjugal partnership
shall be liquidated in the testate or intestate
proceedings of either.
Sec. 3. Process.In the exercise of probate
jurisdiction, Regional Trial Court may issue
warrants and process necessary to compel the
attendance of witnesses or to carry into effect
their orders and judgments, and all other
powers granted them by law. If a person does
not perform an order or judgment rendered by
a court in the exercise of its probate
jurisdiction, it may issue a warrant for the
apprehension and imprisonment of such
person until he performs such order or
judgment, or is released.
Notes:
Definition a SP for settlement of estate is
intended to settle the entire estate of the
deceased; it seeks to establish a status, a
right, or particular fact, i.e. the fact of death,
to be recognized as heirs of the deceased so
that they could validly exercise their right to
participate in the settlement and liquidation
of the estate of the decedent consistent with
the limited and special jurisdiction of the
probate court
Testate proceeding when the deceased left awill
Intestate proceeding when the deceased left
no will, or, if there is a will, such is declared
null and void
Conversion of an Intestate into testate
proceeding The probate of a will is
mandatory. If in the course of the IP, a will is
found, probate proceedings shall replace it
even if an administrator had already been
appointed, without prejudice to circumstances
which render the proceedings to continue as
an intestacy. The IP shall be consolidated with
the TP and the judge assigned to the latter
should continue hearing the 2 proceedings.
Whether the IP already commenced should be
discontinued and a new proc under a separate
no. and title should be constituted is entirely a
matter of form and lies w/in the sound
discretion of the court. In no manner does it
prejudice the substantial rights of any of theheirs or creditors.
Caveat: The mere discovery of a doc
purporting to be a last will and testament of
the decedent after appt of an admin and
assumption that the decedent dies intestate
does not, ipso facto, nullify the LOA already
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issued or even authorize their revocation until
the will has been proved and allowed.
Jurisdiction of MeTC, MTC, MCTC value of
estate does not exceed 100k, or in Metro Mla,
does not exceed 200k (Sec. 3, RA 7691)
Where proceedings commenced, R73.1 relates
to venue and not jurisdiction The place of
residence of the deceased in the settlement of
his estate, the probate of his will, and
issuance of LOA does not constitute an
element of jurisdiction over the subj matter
but only constitutive of venue. Hence, wrong
venue is a waivable procedural defect, and
such waiver may occur by laches.
Meaning of resides the personal, actual, orphysical habitation of a person; actual
residence or place of abode. It signifies
physical presence in a place and actual stay
thereat. Residence(personal residence) require
bodily presence as an inhabitant in a given
place, as opposed to domicile (legal residence)
which requires bodily presence in a particular
place and an intention to make such place
ones domicile. Theres no particular length of
time of residence required but it must more
than temporary.
Primacy of First Court the court first taking
cognizance of the settlement of the estate of a
decedent shall exercise jurisdiction to the
exclusion of all other courts
Powers and Duties of Probate Court
- Orders the probate of the decedents will
- Grants letters of administration or letters
testamentary
- Supervises and controls all acts of
administration- Hears and proves claims against the
estate of the deceased
- Orders payment of lawful debts
- Authorized sale, mortgage, or any
encumbrance of real state
- Directs the delivery of the estate to those
entitled thereto
- Other incidental and collateral matters
The court acts as a trustee; hence, it is duty-
bound to guard the estate and see to it that it
is wisely and economically administered andnot dissipated.
Jurisdiction of Probate Court :Limited,
Special, and Exclusive the jurisdiction of
the PC does not extend to the determination of
questions of ownership that arise during the
SP. The PC may pass upon the title to a
certain prop for purposes of determining WON
it should be included in the inventory but such
determination is not conclusive and is subject
to the final decision in a separate action re:
ownership which may be constituted by the
parties.
- cannot expand to collateral matters not
arising out of or in any way related to the
settlement and adjudication of the
properties of the deceased which should be
threshed out in an ordinary civil action
- the approval of the PC of the conditional
sale of a property is not conclusive
determination of the intrinsic or extrinsic
validity of such sale but a mere
recognition of the right of an heir to
dispose of her rights and interests over
her inheritance even before partition.
(Ramos vs CA).
- However, the purchaser of prop under
admin is a forced intervenor in the IP. The
PC, having authorized the sale, should
resolve the issue as to its validity. (Plan vs
IAC)
Determination of Ownership
- The ques of ownership is as rule, an
extraneous matter in a PP restricted to
the extrinsic validity of the will, i.e.,
whether the testator, being of sound mind,
freely executed the will in accordance withthe formalities prescribed by law hence,
the PC cannot resolve it with finality.
- Claims for title to, or right of possession
of, personal or real property, made by the
heirs themselves, by title adverse to that
of the deceased, or made by third persons,
cannot be entertained by the probate court
(Cortes vs CA)
Same; Exception The PC has jurisdiction to
resolve the issue of ownership when:
(a) The parties interested are all heirs ofthe deceased;
(b) They consent to the assumption of
jurisdiction by the PC;
(c) They submitted the ques of title to the
prop, w/o prejudice to the rights of 3rd
persons;
(d) Or the question is one of collation or
advancement
Same; Same; Exception where the PC
allowed the intro of evidence on ownership for
the sole purpose of determination of its
inclusion/exclusion in the inventory
Orders of Inclusion or Exclusion of Properties
from Administrators Inventory are
Provisional, not Final, and Interlocutory if
there is a dispute, the parties must resort to
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an ordinary action for a final determination of
the conflicting claims of title
Same; Distinguished from Collation an order
of collation before an order of distribution is
merely an order to include the props in the
inventory and is merely interlocutory; WON
collation exists is an issue to be determined
later when an order for distribution of the
estate after its net remainder has been
arrived at
No execution may issue where there is adverse
claimant the determination of the ques of
title being provisional, it is not binding on a
person purporting an adverse title bec his
possessory rights, if any, have not yet been
ventilated
Jurisdiction to determine Heirs exclusively
within the range of the administration
proceedings and cannot properly be made an
independent action
Jurisdiction to Distribute Estate has power
to determine the proportion or parts to w/c
each distribute is entitled; to hold that a
separate and independent action is necessary
to that effect would be contrary to the general
tendency of the jurisprudence re: avoiding
multiplicity of suits, and is expensive,
dilatory, and impractical
Jurisdiction to Award Attys Fees application
may be made before and passed upon by the
PC in the same proceedings where attys
services were rendered
Settlement upon Dissolution of Marriage
governed by the laws of intestate succession in
Spec Procs- When the marriage is dissolved by the
death of the husband or wife, the
community property shall be inventoried,
administered, and liquidated, and the
debts thereof paid, in the TP or IP of the
deceased spous
- The entire conjugal partnership property
of the marriage and not just the portion
belonging to the deceased is under
administration
- Cf. Arts. 103-104, 130-132, Family Code
2. Presumption of death
Rule 73, Sec. 4. Presumption of death.For
purposes of settlement of his estate, a person
shall be presumed dead if absent and unheard
from for the periods fixed in the Civil Code.
But if such person proves to be alive, he shall
be entitled to the balance of his estate after
payment of all his debts. The balance may be
recovered by motion in the same proceeding.
CC, Art. 390. After an absence of seven years,
it being unknown whether or not the absentee
still lives, he shall be presumed dead for all
purposes, except for those of succession.
The absentee shall not be presumed dead for
the purpose of 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. (n)
CC, Art. 391. The following shall be presumed
dead for all purposes, including the division of
the estate among the heirs:
(1) 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 aeroplane;
(2) A person in the armed forces who has
taken part in war, and has been missing for
four years;
(3) A person who has been in danger of death
under other circumstances and his existence
has not been known for four years. (n)
FC, Art. 41. A marriage contracted by any
person during subsistence of a previousmarriage shall be null and void, unless before
the celebration of the subsequent marriage,
the prior spouse had been absent for four
consecutive years and the spouse present has
a well-founded belief that the absent spouse
was already dead. In case of disappearance
where there is danger of death under the
circumstances set forth in the provisions of
Article 391 of the Civil Code, an absence of
only two years shall be sufficient.
For the purpose of contracting the subsequentmarriage under the preceding paragraph the
spouse present must institute a summary
proceeding as provided in this Code for the
declaration of presumptive death of the
absentee, without prejudice to the effect of
reappearance of the absent spouse. (83a)
Notes:
NO Independent action for Declaration of
Presumption of Death disputable
presumptions of death in the RoC may be
invoked either in an action or in a special
proceeding w/c is tried or heard by and
submitted for decision to a competent court
Presumption of Death under A391,CC must
yield to preponderance of evidence depending
on the circumstance, a person may already be
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right to continue as such until the appeal is
finally disposed of (Relucio vs San Jose).
Limit or Extent of Administration only to the
assets of a decedent found within the state or
country where it was granted
4. Exceptions to the General Rule on
Settlement of Estates
Different Modes of Settlement of Estate of
Deceased Persons
(a) Extrajudicial settlement of Estate
(b) Partition
(c) Summary Settlement of Estates of Small
Value
(d) Probate of Will
(e) Petition for Letters of Administration in
cases of intestacy
a. Extrajudicial Settlement by Agreement
among/between Heirs
Rule 74, Sec. 1. Extrajudicial settlement by
agreement between heirs.If the decedent left
no will and no debts and the heirs are all of
age, or the minors are represented by their
judicial or legal representatives duly
authorized for the purpose, the parties may,
without securing letters of administration,
divide the estate among themselves as they
see fit by means of a public instrument filed inthe office of the register of deeds, and should
they disagree, they may do so in an ordinary
action of partition. If there is only one heir, he
may adjudicate to himself the entire estate by
means of an affidavit filed in the office of the
register of deeds. The parties to an
extrajudicial settlement, whether by public
instrument or by stipulation in a pending
action for partition, or the sole heir who
adjudicates the entire estate to himself by
means of an affidavit shall file,
simultaneously with and as a condition
precedent to the filing of the public
instrument, or stipulation in the action for
partition, or of the affidavit in the office of the
register of deeds, a bond with the said register
of deeds, in an amount equivalent to the value
of the personal property involved as certified
to under oath by the parties concerned and
conditioned upon the payment of any just
claim that may be filed under section 4 of this
rule. It shall be presumed that the decedent
left no debts if no creditor files a petition for
letters of administration within two (2) years
after the death of the decedent.
The fact of the extrajudicial settlement or
administration shall be published in a
newspaper of general circulation in the
manner provided in the next succeeding
section; but no extrajudicial settlement shall
be binding upon any person who has not
participated therein or had no notice thereof.
Notes:
Judicial Administration Not Favored there
is nothing w/c prohibits the heirs from
institution SP for the administration of the IE,
if they cannot agree in the extrajudicial
partition and apportionment of the same
- When a person dies w/o leaving pending
obligations to be paid, his heirs, whether
of age or not, are not bound to submit the
property to a JA, or to apply for the appt
of an administrator by the Court. If there
are no debts, there is no reason why the
estate should be burdened with the cost
and expenses of an administrator
There Must be a Good reason to Warrant
Judicial Administration R74.1 does not
preclude the heirs from instituting admin proc
even if there are no debts or obligations, if
they do not desire to resort for good reasons to
an ordinary action for partition
Good Reason depends on the Circumstance of
Each Case
(a) Dispute among heirs is not a good reason
questions as to ownership of the
property belonging to the deceased may be
ventilated in the partition proceedings
(b) Multiplicity of suits not a good reason
same objective can be achieved in a R69
action
(c) To have legal capacity to appear is not a
good reason
Validity of Oral Partition there is no law
that requires partition among heirs to be in
writing for it to be valid
- The object of putting the partition in a pubdoc and registration serve as constructive
notice to others. The intrinsic validity of
partition not executed with the prescribed
formalities does not come into play when
there are no creditors or the rights of
creditors are not affected. Where no such
rights are involved, it is competent for the
heirs of an estate to enter into an
agreement for distribution in a manner
and upon a plan different from those
provided by law
Validity of Compromise Agreement such is
binding upon the parties upon the perfection
of the contract, even without previous Court
authority
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Heirs Cannot Divest the Court of Its Already
Acquired Jurisdiction filing of the app for
probate of will and pub thereof by the mere
fact of dividing and distributing
extrajudicially the estate of the deceased
among themselves; if the extrajudicial
partition (EP) made by the heirs is submitted
to the curt and approved after verification
that it does not prejudice the rights of 3rd
parties, the TP pending would have been
legally terminated
- An EP of the estate of a deceased by the
heirs become a judicial partition after its
approval by the court w/c had previously
acquired juris of the estate, but as the TP
is terminated w/o the necessary pub of
notice to creditors and other interested
persons in the estate req in a reg JA, theeffects of such partition would be the same
as if it had been effected extrajudicially
w/o the intervention of the court under
R74.1, subject to the claims against the
distributes by persons mention in R74.4
and .5
b. Summary Selemen o !saes o Small
"alue
Rule 74, Sec. 2. Summary settlement of
estates of small value.Whenever the gross
value of the estate of a deceased person,whether he died testate or intestate, does not
exceed ten thousand pesos, and that fact if
made to appear to the Regional Trial Court
having jurisdiction of the estate by the
petition of an interested person and upon
hearing, which shall be held not less than one
(1) month nor more than three (3) months
from the date of the last publication of a notice
which shall be published once a week for three
(3) consecutive weeks in a newspaper of
general circulation in the province, and after
such other notice to interested persons as the
court may direct, the court may proceed
summarily, without the appointment of an
executor or administrator, and without delay,
to grant, if proper, allowance of the will, if any
there be, to determine who are the persons
legally entitled to participate in the estate and
to apportion and divide it among them after
the payment of such debts of the estate as the
court shall then find to be due; and such
persons, in their own right, if they are lawful
age and legal capacity, or by their guardians
or trustees legally appointed and qualified, if
otherwise, shall thereupon be entitled to
receive and enter into the possession of the
portions of the estate so awarded to them
respectively. The court shall make such order
as may be just respecting the costs of the
proceedings, and all orders and judgments
made or rendered in the course thereof shall
be recorded in the office of the clerk, and the
order of partition or award, if it involves real
estate, shall be recorded in the proper
registers office.
Notes:
Proceeding is under the juris of the MeTC,
MTC, MCTC where value of the estate does
not exceed 100k; or 200k if in Metro Mla
2) Remedies against Extrajudicial Settlement
(or Partition)
a) #onributon rom Disributon$ !%ecuton
agains &ond or Sale o Realy o Deceden
Rule 74, Sec. 3. Bond to be filed by
distributees.The court, before allowing a
partition in accordance with the provisions ofthe preceding section, may require the
distributees, if property other than real is to
be distributed, to file a bond in an amount to
be fixed by court, conditioned for the payment
of any just claim which may be filed under the
next succeeding section.
Sec. 4 Liability of distributees and estate.If
it shall appear at any time within two (2)
years after the settlement and distribution of
an estate in accordance with the provisions of
either of the first two sections of this rule, thatan 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 (2) 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 jurisdiction 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 execution, if
circumstances require, against the bond
provided in the preceding section or against
the real estate belonging to the deceased, or
both. Such bond and such real estate shall
remain charged with a liability to creditors,
heirs, or other persons for the full period of
two (2) years after such distribution,
notwithstanding any transfers of real estate
that may have been made.
Notes:
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Rule on Limitations Not Applicable To Those
Who Had No Knowledge of Settlement R74.4
is only a bar against the parties who had
taken part in the extrajudicial proceedings,
but not against 3rdpersons not parties thereto
Prescriptive Period to Annul Settlement
It was previously held in Gerona vs. De
Guzman that the action to annul a deed of
extrajudicial settlement upon the ground of
fraud may be filed w/in 4 years from the
discovery of the fraud. Such discovery is
deemed to have taken place when said
instrument was filed with Register of Deeds
and new certificates of title were issued.
Inaction and neglect of a party to assert a
right can convert a valid claim into a stale a
demand.
However, the SC inAmerol vs. Bagumbaran,
clarified that before the effectivity of the NCC,
the old Code of Civil Procedure governed
prescription which provided that an action for
relief on the ground of fraud shall be brought
w/in 4 yrs upon discovery of the fraud. In the
present CC, just as an implied or constructive
trust is an offspring of the law (A1456), so is
the corresponding obligation to reconvey the
prop and the title thereto in favor of the true
owner. In this context, A1144 is applicable.A1144 provides:
The ff. actions must be brought w/in 10 yrs
from the time the right of action accrues:
(1) upon a written contract;
(2) upon an obligation created by law;
(3) upon a judgment.
Hence, an action for reconveyance based on an
implied/constructive trust prescribes in 10 yrs
from accrual of the right of action. Gerona was
decided that way bec of the law in force at that
time.
The Almerol doctrine was reiterated in
Marquez vs. CA, Caro vs. CA, and Alfredo vs.
Borras
When 10-yr period reckoned from the alleged
fraudulent registration or date of issuance of
the certificate of title over the property (GSIS
vs Santiago)
Same; Exception prescriptive pd for the
filing of the axn for reconveyance based on an
implied trust should be reckoned from the
actual discovery of the fraud wrt the
registration of the title when such was tainted
with bad faith
Rescission as Remedy for Preterition
provided in A1104, CC: 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 interested
Exception to Prescription of Actions when
the plaintiff is in possession of the land to be
reconveyed. Action for reconveyance may be
filed despite the lapse of the 10-yr pd, when
based on fraud, is imprescriptible as long as
the land has not passed to an innocent
purchaser for value.
b) Petition for Relief
Rule 38
SECTION 1.Petition for relief from judgment,order, or other proceedingsWhen a judgment
or final order is entered, or any other
proceeding is thereafter taken against a party
in any court through fraud, accident, mistake,
or excusable negligence, he may file a petition
in such court and in the same case praying
that the judgment, order or proceeding be set
aside. (2a)
SEC. 2. Petition for relief from denial of
appealWhen a judgment or final order is
rendered by any court in a case, and a partythereto, by fraud, accident, mistake, or
excusable negligence, has been prevented from
taking an appeal, he may file a petition in
such court and in the same case praying that
the appeal be given due course. (1a)
SEC. 3. Time for filing petition; contents and
verification. A petition provided for in either
of the preceding sections of this Rule must be
verified, filed within sixty (60) days after the
petitioner learns of the judgment, final order,
or other proceeding to be set aside, and notmore than six (6) months after such judgment
or final order was entered, or such proceeding
was taken; and must be accompanied with
affidavits showing the fraud, accident,
mistake, or excusable negligence relied upon,
and the facts constituting the petitioners good
and substantial cause of action or defense, as
the case may be. (3)
SEC. 4. Order to file an answer If the
petition is sufficient in form and substance to
justify relief, the court in which it is filed,shall issue an order requiring the adverse
parties to answer the same within fifteen (15)
days from the receipt thereof. The order shall
be served in such manner as the court may
direct, together with copies of the petition and
the accompanying affidavits. (4a)
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SEC. 5. Preliminary injunction pending
proceedings.The court in which the petition
is filed, may grant such preliminary injunction
as may be necessary for the preservation of
the rights of the parties, upon the filing by the
petitioner of a bond in favor of the adverse
party, conditioned that if the petition is
dismissed or the petitioner fails on the trial of
the case upon its merits, he will pay the
adverse party all damages and costs that may
be awarded to him by reason of the issuance of
such injunction or the other proceedings
following the petition; but such injunction
shall not operate to discharge or extinguish
any lien which the adverse party may have
acquired upon the property of the petitioner.
(5a)
SEC. 6. Proceedings after answer is filed.After the filing of the answer or the expiration
of the period therefor, the court shall hear the
petition and if after such hearing, it finds that
the allegations thereof are not true, the
petition shall be dismissed; but if it finds said
allegations to be true, it shall set aside the
judgment or final order or other proceeding
complained of upon such terms as may be just.
Thereafter the case shall stand as if such
judgment, final order or other proceeding had
never been rendered, issued or taken. The
court shall then proceed to hear and
determine the case as if a timely motion for a
new trial or reconsideration had been granted
by it. (6a)
SEC. 7. Procedure where the denial of an
appeal is set aside .Where the denial of an
appeal is set aside, the lower court shall be
required to give due course to the appeal and
to elevate the record of the appealed case as if
a timely and proper appeal had been made.
(7a)
c) Reopening by Intervention within
Reglementary Period
Rule 19
SECTION 1. Who may intervene.A person
who has a legal interest in the matter in
litigation, or in the success of either of the
parties, or an interest against both, or is so
situated as to be adversely affected by a
distribution or other disposition of property in
the custody of the court or of an officer thereof
may, with leave of court, be allowed to
intervene in the action. The court shall
consider whether or not the intervention will
unduly delay or prejudice the adjudication of
the rights of the original parties, and whether
or not the intervenors rights may be fully
protected in a separate proceeding. (2[a], [b]a,
R12)
SEC. 2. Time to intervene.The motion to
intervene may be filed at any time before
rendition of judgment by the trial court. A
copy of the pleading-in-intervention shall be
attached to the motion and served on theoriginal parties. (n)
SEC. 3. Pleadings-in-intervention.The
intervenor shall file a complaint-in-
intervention if he asserts a claim against
either or all of the original parties, or an
answer-in-intervention if he unites with the
defending party in resisting a claim against
the latter. (2[c]a, R12)
SEC. 4. Answer to complaint-in-intervention.
The answer to the complaint-in-interventionshall be filed within fifteen (15) days from
notice of the order admitting the same, unless
a different period is fixed by the court. (2[d]a,
R12)
d) New Action to Annul Settlement within
Reglementary Period
4. Period or #laim o 'inor or ncapaciaed
Person
Rule 74, Sec. 5. Period for claim of minor or
incapacitated person.If on the date of theexpiration of the period of two (2) years
prescribed in the preceding section the person
authorized to file a claim is a minor or
mentally incapacitated, or is in prison or
outside the Philippines, he may present his
claim within one (1) year after such disability
is removed.
5. Probate Proceedings
1) urisdicton and "enue
BP 129, Sec. 19. Jurisdiction in civil cases.
Regional Trial Courts shall exercise
exclusive original jurisdiction.
(4) In all matters of probate, both testate
and intestate, where the gross value of the
estate exceeds One hundred thousand
pesos (P100,000.00) or, in probate matters
in Metro Manila, where such gross value
exceeds Two Hundred thousand pesos
(P200,000.00)
Sec. 33. Jurisdiction of Metropolitan TrialCourts, Municipal Trial Courts and
Municipal Circuit Trial Courts in Civil
Cases. Metropolitan Trial Courts,
Municipal Trial Courts, and Municipal
Circuit Trial Courts shall exercise:
(1) Exclusive original jurisdiction over civil
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actions and probate proceedings, testate
and intestate, including the grant of
provisional remedies in proper cases,
where the value of the personal property,
estate, or amount of the demand does not
exceed One hundred thousand pesos
(P100,000.00) or, in Metro Manila where
such personal property, estate, or amount
of the demand does not exceed Two
hundred thousand pesos (P200,000.00),
exclusive of interest, damages of whatever
kind, attorney's fees, litigation expenses,
and costs, the amount of which must be
specifically alleged: Provided, That
interest, damages of whatever kind,
attorney's fees, litigation expenses, and
costs shall be included in the
determination of the filing fees: Provided,
further, That where there are several
claims or causes of actions between the
same or different parties, embodied in the
same complaint, the amount of the
demand shall be the totality of the claims
in all the causes of action, irrespective of
whether the causes of action arose out of
the same or different transactions;
(2) Exclusive original jurisdiction over
cases of forcible entry and unlawful
detainer: Provided, That when, in suchcases, the defendant raises the questions
of ownership in his pleadings and the
question of possession cannot be resolved
without deciding the issue of ownership,
the issue of ownership shall be resolved
only to determine the issue of possession;
and
(3) Exclusive original jurisdiction in all
civil actions which involve title to, or
possession of, real property, or any
interest therein where the assessed valueof the property or interest therein does not
exceed Twenty thousand pesos
(P20,000.00) or, in civil actions in Metro
Manila, where such assessed value does
not exceed Fifty thousand pesos
(P50,000.00) exclusive of interest,
damages of whatever kind, attorney's fees,
litigation expenses and costs: Provided,
That in cases of land not declared for
taxation purposes, the value of such
property shall be determined by the
assessed value of the adjacent lots.
2) Allo*ance+Disallo*ance o ,ill- Process
Rule 75, Sec. 1. Allowance necessary.
Conclusive as to execution.No will shall
pass either real or personal estate unless
it is proved and allowed in the proper
court. Subject to the right of appeal, such
allowance of the will shall be conclusive as
to its due execution.
CC, Art. 783. A will is an act whereby a
person is permitted, with the formalities
prescribed by law, to control to a certain
degree the disposition of this estate, to
take effect after his death.
Notes:
Definition of a Will a personal, solemn,
revocable and free act by which a capacitated
person disposes of his property and rights and
declares or complies with duties to take effect
after his death (Vitug vs CA).
Probate of Will is MANDATORY no property
shall pass either real or personal propertyunless it is proved and allowed in accordance
with the RoC
Same; Rationale unless the will is probated
and notice thereof is given to the whole world,
the right of the person to dispose of his
property by will may be rendered nugatory
Same; Exception A1056, CC: If the testator
should make a partition of his properties by
an act inter vivos, or by will, such partition
shall stand in so far as it does not prejudice
the legitime of the forced heir.
Probate Does Not Look Into Intrinsic Validity
GR: the courts authority in probate proc
are limited only to passing upon the extrinsic
validity of the will sought to be probated, the
due execution thereof, the testators
testamentary capacity, and the compliance
with the requisites or solemnities prescribed
by law. The question of the intrinsic validity of
a will normally comes only after the court hasdeclared that the will has been duly
authenticated.
Extrinsic Validity of the Will whether the
testator, being of sound mind, freely executed
the will in accordance with the formalities
prescribed by law
Same; How Determined
(a) Substantial Compliance is sufficient
where the purpose of the law has been
satisfied, the reason being that thesolemnities surrounding the execution of
wills are intended to protect the testator
from all kinds of fraud and trickery but
never intended to be so rigid and inflexible
as to destroy the testamentary privilege
(b) Formal Imperfections to be Brushed Aside
when they do not affect its purpose and
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which, when taken into account, may only
defeat the testators will
EXCEPTION: When Probate Court May Pass
Upon Intrinsic Validity THE PRINCIPLE
OF PRACTICAL CONSIDERATIONS-when remand of the case will result waste of
time, effort, expense, plus added anxiety
(Nuguid vs. Nuguid).
- Where circumstances demand that IV of
testamentary provs be passed upon before
the EC of the will is resolved (Cayetano
vs. Leonides).
Same; Remedy of Certiorari and Prohibition is
Available where the grounds for dismissal
are indubitable, in order to correct a
GADALEJ committed by the TC when itdismissed the case, even if remedy of appeal
exists, where practical considerations demand
it, e.g. the probate of a will becomes an idle
ceremony bec the Will is intrinsically void
Same; Principle Not Applied where meat of
controversy is not intrinsic validity
Dismissal Improper Where Issues are
Controversial e.g. preterition and validity of
disinheritance
Principle Applicable Only Where Intrinsic
Invalidity is Apparent on the Face of the Will
as enunciated inManinang vs. CA
Decree of Probate is Conclusive as to Its Due
Execution cannot be impugned on any of the
grounds authorized by law, except that of
fraud, in any separate or independent action
or proceeding, for reasons of public policy,
judicial orderliness, economy and judicialtime, and the interests of litigants, as well as
the peace and order of society which requires
that stability be accorded the final judgments
of the courts (applies even if the decision is
incorrect)
- Probate during the lifetime of the testator
is ordinarily terminated after the will is
allowed to probate
Rule 76, Sec. 1.Who may petition for the
allowance of will.Any executor, devisee, or
legatee named in a will, or any other personinterested in the estate, may, at any time after
the death of the testator, petition the court
having jurisdiction to have the will allowed,
whether the same be in his possession or not,
or is lost or destroyed.
The testator himself may, during his lifetime,
petition the court for the allowance of his will.
SEC. 2. Contents of petition.A petition for
the allowance of a will must show, so far as
known to the petitioner:
(a) The jurisdictional facts;
(b) The names, ages, and residences of the
heirs, legatees, and devisees of the testator or
decedent;
(c) The probable value and character of the
property of the estate;
(d) The name of the person for whom letters
are prayed;
(e) If the will has not been delivered to the
court, the name of the person having custody
of it.
But no defect in the petition shall render void
the allowance of the will, or the issuance of
letters testamentary or of administration with
the will annexed.
SEC. 3. Court to appoint time for proving will.
Notice thereof to be published.When a will
is delivered to, or a petition for the allowance
of a will is filed in, the court having
jurisdiction, such court shall fix a time andplace for proving the will when all concerned
may appear to contest the allowance thereof,
and shall cause notice of such time and place
to be published three (3) weeks successively,
previous to the time appointed, in a
newspaper of general circulation in the
province.
But no newspaper publication shall be made
where the petition for probate has been filed
by the testator himself.
SEC. 4. Heirs, devisees, legatees, and
executors to be notified by mail or personally.
The court shall also cause copies of the
notice of the time and place fixed for proving
the will to be addressed to the designated or
other known heirs, legatees, and devisees of
the testator resident in the Philippines at
their places of residence, and deposited in the
post office with the postage thereon prepaid at
least twenty (20) days before the hearing, if
such places of residence be known. A copy of
the notice must in like manner be mailed tothe person named as executor, if he be not the
petitioner, also, to any person named as co-
executor not petitioning, if their places of
residence be known. Personal service of copies
of the notice at least ten (10) days before the
day of hearing shall be equivalent to mailing.
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If the testator asks for the allowance of his
own will, notice shall be sent only to his
compulsory heirs.
SEC. 9. Grounds for disallowing will.The
will shall be disallowed in any of the following
cases:
(a) If not executed and attested as required by
law;
(b) If the testator was insane, or otherwise
mentally incapable to make a will, at the time
of its execution;
(c) If it was executed under duress, or the
influence of fear, or threats;
(d) If it was procured by undue and improper
pressure and influence, on the part of the
beneficiary, or of some other person for his
benefit;
(e) If the signature of the testator was
procured by fraud or trick, and he did not
intend that the instrument should be his will
at the time of fixing his signature thereto.
CC, Art. 838. No will shall pass either real or
personal property unless it is proved and
allowed in accordance with the Rules of Court.
The testator himself may, during his lifetime,
petition the court having jurisdiction for the
allowance of his will. In such case, the
pertinent provisions of the Rules of Court for
the allowance of wills after the testator's a
death shall govern.
The Supreme Court shall formulate such
additional Rules of Court as may be necessary
for the allowance of wills on petition of the
testator.
Subject to the right of appeal, the allowance of
the will, either during the lifetime of the
testator or after his death, shall be conclusive
as to its due execution. (n)
Art. 839. The will shall be disallowed in any of
the following cases:
(1) If the formalities required by law have not
been complied with;
(2) If the testator was insane, or otherwise
mentally incapable of making a will, at the
time of its execution;
(3) If it was executed through force or 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;
(5) If the signature of the testator was
procured by fraud;
(6) If the testator acted by mistake or did not
intend that the instrument he signed shouldbe his will at the time of affixing his signature
thereto. (n)
Notes:
Meaning of Interested Party one who would
be benefited by the estate such as an heir, or
one who has a claim against it like a creditor.
Hence, one who is only indirectly interested in
a will may not interfere in its probate
Jurisdiction; How Acquired
(1) Attaching of Mere Copy of Will is
Sufficient the original need not be
attached to the petition for probate, but
this is without prejudice to its production
at the hearing or when the court requires
it; annexing of the original will is not a
jurisdictional requirement
(2) Delivery of Will Sufficient even if No
petition filed jurisdiction is on the court
upon delivery of the will even if the
petition itself is filed later. Upon the
deposit of the Will, the court could motuproprio, have taken steps to fix the time
and place for proving the will, and issue
the corresponding notices prescribed
(3) The court acquires juris upon the filing of
the orig pet and compliance w/ R76.3 and .
4
Jurisdictional facts must be established first
before the court acquire juris over the probate
and admin procs, the app must allege the JF
which are:
(a) Fact of death of the decedent(b) His residence at the time of his death in
the province of where the probate court is
sitting; or, if he is an inhabitant of a
foreign country, his leaving his estate in
such province
Probate of the Will is In Rem the notice by
publication as a prereq to the allowance of a
will is constructive notice to the whole world,
and when probate is granted, the judgment is
binding upon everybody, even against the
State. Thus, the PC must cause notice through
pub of the pet after receiving it; otherwise, the
proc for the settlement of the estate is void
and should be annulled
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Notice of Hearing to the designated heirs,
legatees, devisees, executors Required by mail
or personally
Grounds for Disallowance Cf. Arts. 787-788,
791, 795-798, 802, 804-819 of the Civil Code
Same; List in R76.9 and A839 of the CC is
Exclusive no other grounds can serve to
disallow a will
Compliance With Formalities Required
While public policy favors the probate of a
will, it does not follow that every will
presented for probate should be allowed
Same; Notarial Wills formal solemnities
provided by Arts. 805 and 806, CC must be
complied with
Same; Holographic Wills what assures
authenticity is the req that they be totally
autographic or handwritten by the testator
himself (A810, CC)
- A813 affects the validity of the
dispositions contained in the HW but not
its probate. Formal defects will render
disposition ineffective but the whole will
not be necessarily invalidated.- The HW can still be admitted to probate
even if A814 of CC has not been complied
with
Same; The Substantial Compliance Rule If
the will has been executed in substantial
compliance with the formalities of the law,
and the possibility of bad faith and fraud is
obviated, the Will should be admitted to
probate
Separate Wills may be Probated Jointly
what the law prohibits is the making of joint
wills, either for the testators reciprocal
benefit or for the benefit of 3rdpersons (see
Sps. Cunanan case)
3) Duy o #usodian+!%ecuor o ,ill
Rule 75, Sec. 2.Custodian of will to
deliver.The person who has custody of a
will shall, within twenty (20) days after he
knows of the death of the testator, deliver
the will to the court having jurisdiction, orto the executor named In the will.
SEC. 3.Executor to present will and
accept or refuse trust.A person named
as executor in a will shall, within twenty
(20) days after he knows of the death of
the testator, or within twenty (20) days
after he knows that be is named executor
if he obtained such knowledge after the
death of the testator, present such will to
the court having jurisdiction, unless the
will has reached the court in any other
manner, and shall, within such period,
signify to the court in writing his
acceptance of the trust or his refusal to
accept it.
SEC. 4.Custodian and executor subject to
fine for neglect.A person who neglects
any of the duties required in the two last
preceding sections without excuse
satisfactory to the court shall be fined not
exceeding two thousand pesos.
SEC. 5.Person retaining will may be
committed.A person having custody of awill after the death of the testator who
neglects without reasonable cause to
deliver the same, when ordered so to do, to
the court having jurisdiction, may be
committed to prison and there kept until
he delivers the will.
Notes:
Failure to Attach Original Will to the Petition
not critical where will itself was adduced in
evidence
4) Proof of Will
Rule 76. Sec. 5. Proof at hearing. What
sufficient in absence of contest.At the
hearing compliance with the provisions of the
last two preceding sections must be shown
before the introduction of testimony in support
of the will. All such testimony shall be taken
under oath and reduced to writing. If no
person appears to contest the allowance of the
will, the court may grant allowance thereof on
the testimony of one of the subscribingwitnesses only, if such witness testify that the
will was executed as is required by law.
In the case of a holographic will, it shall be
necessary that at least one witness who knows
the handwriting and signature of the testator
explicitly declare that the will and the
signature are in the handwriting of the
testator. In the absence of any such competent
witness, and if the court deem it necessary,
expert testimony may be resorted to.
SEC. 6. Proof of lost or destroyed will.
Certificate thereupon.No will shall be
proved as a lost or destroyed will unless the
execution and validity of the same be
established and the will is proved to have been
in existence at the time of the death of the
testator, or is shown to have been fraudulently
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or accidentally destroyed in the lifetime of the
testator without his knowledge, nor unless its
provisions are clearly and distinctly proved by
at least two (2) credible witnesses. When a lost
will is proved, the provisions thereof must be
distinctly stated and certified by the judge,
under the seal of the court, and the certificate
must be filed and recorded as other wills are
filed and recorded.
SEC. 7. Proof when witnesses do not reside in
province.If it appears at the time fixed for
the hearing that none of the subscribing
witnesses resides in the province, but that the
deposition of one or more of them can be taken
elsewhere, the court may, on motion, direct It
to be taken, and may authorize a photographic
copy of the will to be made and to be presented
to the witness on his examination, who may beasked the same questions with respect to it
and to the handwriting of the testator and
others, as would be pertinent and competent if
the original will were present.
SEC. 8. Proof when witnesses dead or insane
or do not reside in the Philippines.If it
appears at the time fixed for the hearing that
the subscribing witnesses are dead or insane,
or that none of them resides in the
Philippines, the court may admit the
testimony of other witnesses to prove thesanity of the testator, and the due execution of
the will; and as evidence of the execution of
the will, it may admit proof of the handwriting
of the testator and of the subscribing
witnesses, or of any of them.
SEC. 12. Proof where testator petitions for
allowance of holographic will.Where the
testator himself petitions for the probate of his
holographic will and no contest is filed, the
fact that he affirms that the holographic will
and the signature are in his own handwriting,
shall be sufficient evidence of the genuineness
and due execution thereof. If the holographic
will is contested, the burden of disproving the
genuineness and due execution thereof shall
be on the contestant The testator may, in his
turn, present such additional proof as may be
necessary to rebut the evidence for the
contestant.
SEC. 13. 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.
Notes:
Facts which MUST be proved for allowance of
lost/destroyed Will
(1) That the will has been duly executed by
the testator;
(2) That the will was in existence when the
testator died, or if it was not, that it has
been fraudulently or accidentally
destroyed in the lifetime of the testator
without his knowledge; and(3) That the provisions of the will are clearly
established by at least 2 credible
witnesses.
The 1stand 3rdfacts constitute secondary
evidence in lieu of the original of the will. But
before secondary evidence may be admitted,
the loss of the will must be proved. The 2nd
fact is required to be proved to preclude the
inference that the testator destroyed his own
will. In other words, if the will did not exist at
time of the testators death, and there is noproof that it has been destroyed by another
without the testator himself destroying his
own will, thus, revoking it.
Weight of Testimonial evidence a will may be
allowed even if some witnesses do not
remember having attested to it, if other
evidence satisfactorily show due execution
Same; Test WON a witness is deemed to have
signed in the presence of each other not
whether he did see the signing of the will but
whether he was in a position to see if he chose
to do so
5) Contest of Will
Rule 76, Sec. 10. Contestant to file grounds of
contest.Anyone appearing to contest the will
must state in writing his grounds for opposing
its allowance, and serve a copy thereof on the
petitioner and other parties interested in the
estate.
SEC. 11. Subscribing witnesses produced or
accounted for where will contested.If the
will is contested, all the subscribing witnesses,
and the notary in the case of wills executed
under the Civil Code of the Philippines, if
present in the Philippines, and not insane,
must be produced and examined, and the
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death, absence, or insanity of any of them
must be satisfactorily shown to the court. If all
or some of such witnesses are present in the
Philip pines but outside the province where
the will has been filed, their deposition must
be taken. If any or all of them testify against
the due execution of the will, or do not
remember having attested to it, or are
otherwise of doubtful credibility, the will may,
nevertheless, be allowed if the court is
satisfied from the testimony of other witnesses
and from all the evidence presented that the
will was executed and attested in the manner
required by law.
If a holographic will is contested, the same
shall be allowed if at least three (3) witnesses
who know the handwriting of the testator
explicitly declare that the will and thesignature are in the handwriting of the
testator; in the absence of any competent
witness, and if the court deem it necessary,
expert testimony may be resorted to.
Notes:
When Authenticity of Will Not Questioned
not necessary to present the 3 witnesses
required by A811 of the CC
6) Allowance of Will Proved Outside of the
Philippines and Administration of State
Rule 77
SECTION 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 Regional Trial
Court in the Philippines.
SEC 2. Notice of hearing for allowance.
When a copy of such will and of the order or
decree of the allowance thereof, both duly
authenticated, are filed with a petition for
allowance in the Philippines, by the executor
or other person interested in the court having
jurisdiction, such court shall fix a time and
place for the hearing, and cause notice thereof
to be given as in case of an original will
presented for allowance.
SEC. 3. 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. 4. Estate, how administered.When a
will is thus allowed, the court shall grant
letters testamentary, or letters of
administration with the will annexed, and
such letters testamentary or of
administration, shall extend to all the estate
of the testator in the Philippines. Such estate,
after the payment of just debts and expenses
of administration, shall be disposed of
according to such will, so far as such will may
operate upon it; and the residue, if any, shall
be disposed of as is provided by law in cases of
estates in the Philippines belonging to persons
who are inhabitants of another state or
country.
CC, Art. 17. The forms and solemnities of
contracts, wills, and other public instruments
shall be governed by the laws of the country in
which they are executed.
When the acts referred to are executed before
the diplomatic or consular officials of the
Republic of the Philippines in a foreign
country, the solemnities established by
Philippine laws shall be observed in their
execution.
Prohibitive laws concerning persons, their acts
or property, and those which have, for their
object, public order, public policy and goodcustoms shall not be rendered ineffective by
laws or judgments promulgated, or by
determinations or conventions agreed upon in
a foreign country. (11a)
Notes:
GR Art. 816 of the Civil Code must be
complied with. It provides: The will of an alien
who is abroad produces effect in the
Philippines if made with the formalities
prescribed by the law of the place in which he
resides, or according to the formalities
observed in his country, or in conformity with
those which this Code prescribes.
Evidence necessary for the reprobate or
allowance of wills which have been probated
outside of the Philippines
(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 insuch 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 will
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Same; Rules of Evidence R132 on presenting
official records not kept in the PHL must be
complied with:
SEC. 24. Proof of official record.The record
of public documents referred to in paragraph
(a) of Section 19, when admissible for any
purpose, may be evidenced by an official
publication thereof or by a copy attested by
the officer having the legal custody of the
record, or by his deputy, and accompanied, if
the record is not kept in the Philippines, with
a certificate that such officer has the custody.
If the office in which the record is kept is in a
foreign country, the certificate may be made
by a secretary of the embassy or legation,
consul general, consul, vice consul, or consular
agent or by any officer in the foreign service of
the Philippines stationed in the foreign
country in which the record is kept, and
authenticated by the seal of his office.(25a)
SEC. 25. What attestation of copy must state.
Whenever a copy of a document or record is
attested for the purpose of evidence, the
attestation must state, in substance, that the
copy is a correct copy of the original, or a
specific part thereof, as the case may be. The
attestation must be under the official seal of
the attesting officer, if there be any, or if he be
the clerk of a court having a seal, under the
seal of such court.(26a)
Same; Rationale Philippine courts cannot
take JN of foreign laws
Notice of Hearing for Allowance Required
wrt notices, the will probated abroad should
be treated as if it were an original will or a
will that is presented for probate for the first
time. R76.3 and .4 must be followed.
Territorial Limits of Administration administration extends only to the assets of
the decedent found within the state or country
where it was granted; has no power over prop
in another state/country
Ancillary Administration Necessary for prop
of a decedent who owns property situated in
the country of his domicile as well as in a
foreign country, administration shall be had
in both country. That which is granted in the
decedents domicile is the principal
administration while any other admin is
ancillary.
6. Letters Testamentary and Administration
1) Executors and Administrators
Rule 78, Sec. 1. Who are incompetent to serve
as a executors or administrators.No person
is competent to serve as executor or
administrator who:
(a) Is a minor;
(b) Is not a resident of the Philippines; and
(c) Is in the opinion of the court unfit to
execute the duties of the trust by reason of
drunkenness, improvidence, or want of
understanding or integrity, or by reason of
conviction of an offense involving moral
turpitude.
SEC. 2. Executor of executor not to administer
estate.The executor of an executor shall not,
as such, administer the estate of the first
testator.
SEC. 3. Married women may serve.A
married woman may serve as executrix or
administratrix, and the marriage of a single
woman shall not affect her authority so to
serve under a previous appointment
SEC 4 Letters testamentary issued when will
allowed.When a will has been proved and
allowed, the court shall issue letters
testamentary thereon to the person named as
executor therein, if he is competent, accepts
the trust, and gives bond as required by these
rules
SEC. 5. Where some co-executors disqualified
others may act.When all of the executors
named in a will cannot act because of
incompetency, refusal to accept the trust, or
failure to give bond, on the part of one or more
of them, letters testamentary may issue to
such of them as are competent, accept and
give bond, and they may perform the duties
and discharge the trust required by the will.
SEC. 6. When and to whom letters ofadministration granted.If no executor is
named in the will, or the executor or executors
are incompetent, refuse the trust, or fail to
give bond, or a person dies intestate,
administration shall be granted:
(a) To the surviving husband or wife, as the
case may be, or next of kin, or both, in the
discretion of the court, or to such person as
such surviving husband or wife, or next of kin,
requests to have appointed, if competent and
willing to serve;
(b) If such surviving husband or wife, as the
case may be, or next of kin, or the person
selected by them, be incompetent or unwilling,
or if the husband or widow, or next of kin,
neglects for thirty (30) days after the death of
the person to apply for administration or to
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request that administration be granted to
some other person, it may be granted to one or
more of the principal creditors, if competent
and willing to serve;
(c) If there is no such creditor competent and
willing to serve, it may be granted to suchother person as the court may select.
Rule 88, Sec. 15. Time for paying debts and
legacies fixed, or extended after notice, within
what periods. On granting letters
testamentary or administration the court shall
allow to the executor or administrator a time
for disposing of the estate and paying the
debts and legacies of the deceased, which shall
not, in the first instance, exceed one (1) year;
but the court may, on application of the
executor or administrator and after hearing onsuch notice of the time and place therefor
given to all persons interested as it shall
direct, extend the time as the circumstances of
the estate require not exceeding six (6) months
for a single extension nor so that the whole
period allowed to the original executor or
administrator shall exceed two (2) years.
SEC. 16. Successor of dead executor or
administrator may have time extended on
notice within certain period. When an
executor or administrator dies, and a newadministrator of the same estate is appointed,
the court may extend the time allowed for the
payment of the debts or legacies beyond the
time allowed to the original executor or
administrator, not exceeding six (6) months at
a time and not exceeding six (6) months
Beyond the time which the court might have
allowed to such original executor or
administrator; and notice shall be given of the
time and place for hearing such application, as
required in the last preceding section.
Notes:
Grounds for Disqualification
Negative factors for selection of Administrator
(1) Minors and non-residents disqualified
(2) Drunkenness what the rule
contemplates is that excessive, inveterate,
and continued use of intoxicants, to such
an extent as to render the subject of the
habit as unsafe to entrust with the care of
property or the transaction of business
(3) Improvidence that want of care andforesight in the mgt of property which
would likely to render the estate and
effects of the intestate unsafe, and liable
to be lost or diminished in value, in case
the administration should be committed to
the improvident person
Symptoms of Improvidence carelessness,
indifference, prodigality, wastefulness, or
negligence in reference to the care, mgt,
and preservation of property; e.g.
gambling habits might establish
improvidence
(4) Want of Understanding where it
amounts to lack of intelligence as to
subject one to sinister influence or
coercion against the general interest of the
estate will constitute a sufficient objection;
weakness of mindper se, however, is not
an automatic ground for disqualification
(5) Want of Integrity accusation must be
certain and grave in nature, established
by proof which would at least approach
the certainty require for conviction of a
crime in order for the ground to besustained
(6) Moral turpitude an act of baseness,
vileness, or depravity in the private and
social duties which a man owes his
fellowmen, to society in general, contrary
to the accepted and customary rule of
right and duty between man and woman
or conduct contrary to justice, honesty,
modesty or good morals
Same; Court cannot add new causes of
disqualification no authority to disqualify ifground is not provided in the statute
Same; Antagonistic Interest generally, the
courts do not regard one whose personal
interests are so adverse to the interests of a
decedents estate and of those entitled to its
distribution that both cannot be fairly
prevented by the same person as a proper
person to administer the estate.
Same; Same An administrator should be
able to devote his time and mind to the
burden of his trust; as such, he cannot be in
one place while the estate administered is in
another place for he cannot efficiently
discharge his duties
Administrator May Be a Stranger to the
Decedent he doesnt have to be an heir
2) Opposition to Issuance
Rule 79
SECTION 1. Opposition to issuance of letterstestamentary. Simultaneous petition for
administration.Any person interested in a
will may state in writing the grounds why
letters testamentary should not issue to the
persons named therein as executors, or any of
them, and the court, after hearing upon notice,
shall pass upon the sufficiency of such
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grounds. A petition may, at the same time, be
filed for letters of administration with the will
annexed.
SEC. 2. Contents of petition for letters of
administration.A petition for letters of
administration must be filed by an interestedperson and must show, so far as known to the
petitioner.
(a) The jurisdictional facts;
(b) The names, ages, and residences of the
heirs, and the names and residences of the
creditors, of the decedent;
(c) The probable value and character of the
property of the estate;
(d) The name of the person for whom letters of
administration are prayed.
But no defect in the petition shall render void
the issuance of letters of administration.
SEC. 3. Court to set time for hearing. Notice
thereof.When a petition for letters of
administration is filed in the court having
jurisdiction, such court shall fix a time and
place for hearing the petition, and shall cause
notice thereof to be given to the known heirs
and creditors of the decedent, and to any otherpersons believed to have an interest in the
estate, in the Manner provided in sections 3
and 4 of Rule 76.
SEC. 4. Opposition to petition for
administration.Any Interested person may,
by filing a written opposition, contest the
petition on the ground of the incompetency of
the person for whose letters are prayed
therein, or on the ground of the contestants
own right to the administration, and may pray
that letter issue to himself, or to anycompetent person or persons named In the
opposition.
SEC. 5. Hearing and order for letters to issue.
At the hearing of the petition, it must first
be shown that notice has been given as
hereinabove required, and thereafter the court
shall hear the proofs of the parties in support
of their respective allegations, and if satisfied
that the decedent left no will, or that there is
no competent and willing executor, it shall
order the issuance of letters of administrationto the party best entitled thereto.
SEC. 6. When letters of administration
granted to any applicant.Letters of
administration may be granted to any
qualified applicant, though it appears that
there are other competent persons having
better right to the administration, if such
persons fail to appear when notified and claim
the issuance of letters to themselves.
Notes:
Jurisdictional facts Must be established a
party may not be allowed to defeat the
purpose of an essentially valid petition for the
settlement of the estate of a decedent by
raising matters that are irrelevant and
immaterial to the petition
Interest; NOT a jurisdictional element it is
considered, instead, a lack of legal capacity to
institute proceedings for which a MTD may lie
Same; Requirement must be material and
direct, not merely contingent or indirect
Failure to allege lack of interest; consequences
may be barred by waiver or estoppels
Defects in Petition; Cure by failure to make a
timely objection
Notice and Hearing is Jurisdictional The PC
must cause notice through publication of the
petition after it receives the same. The
purpose of this notice is to bring all the
interested persons within the courts
jurisdiction so that judgment therein becomes
binding on all the world. The notice is
essential to the procs validity in order that no
person may be deprived of his right to
property without due process of law. Failure
to comply with this requirement will render
the settlement proceeding void.
3) Special Administrators
Rule 80, Sec. 1. Appointment of special
administrator.When there is delay ingranting letters testamentary or of
administration by any cause including an
appeal from the allowance or disallowance of a
will, the court may appoint a special
administrator to take possession and charge of
the estate of the deceased until the questions
causing the delay are decided and executors or
administrators appointed.
SEC. 2. Powers and duties of special
administrator.Such special administrator
shall take possession and charge of the goods,chattels, rights, credits, and estate of the
deceased and preserve the same for the
executor or administrator afterwards
appointed, and for that purpose may
commence and maintain suits as
administrator. He may sell only such
perishable and other property as the court
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orders sold. A special administrator shall not
be liable to pay any debts of the deceased
unless so ordered by the court.
SEC. 3. When powers of special administrator
cease. Transfer of effects. Pending suits.
When letters testamentary or ofadministration are granted on the estate of
the deceased, the powers of the special
administrator shall cease, and he shall
forthwith deliver to the executor or
administrator the goods, chattels, money, and
estate of the deceased in his hands. The
executor or administrator may prosecute to
final judgment suits commenced by such
special administrator.
Rule 86, Sec. 8. Claim of executor or
administrator against an estate.If theexecutor or administrator has a claim against
the estate he represents, he shall give notice
thereof, in writing, to the court, and the court
shall appoint a special administrator, who
shall, in the adjustment of such claim, have
the same power and be subject to the same
liability as the general administrator or
executor in the settlement of other claims. The
court may order the executor or administrator
to pay to the special administrator necessary
funds to defend such claim.
Notes:
Notice and Publication must be complied
with first before jurisdiction is acquire by the
probate court
Special Administrator the representative of
the decedent appointed by the PC to care for
and preserve his estate until an executor or
general administrator is appointed
Same; Duties while SAs may have respectiveinterests to protect, they are officers of the
court, subject to the supervision and control of
the PC and are expected to work in the best
interests of the entire estate, its smooth
administration, and its earliest settlement;
whatever difference there may be between
them shall be ironed out fairly and objectively
for the attainment of that end
Same; Same; Submission of Inventory has to
be performed within a reasonable period, if
not as soon as practicable, in order to preserve
the estate, and protect the heirs of the
deceased
Same; When One May be Appointed when
there is delay in granting letters testamentary
or of administration occasioned by an appeal
from the allowance or disallowance of a will or
some other cause,
e.g. qualifications of the
executor/administrator is questioned; appeal
pending re: removal of an E/A; parties cannot
agree among themselves
Same; Appointment lies entirely in the
sound discretion of the court. The priority of
certain persons appt as administrator does
not apply to the selection of a SA
Order of Appointment Discretionary but the
judge is not allowed to be parties, or to make
his personal likes and dislikes prevail over, or
his passion to rule his judgment
Same; Need to be Represented in the Mgt ofthe Estate the executrixs choice of SA,
considering her own inability to serve and the
wide latitude of discretion given her by the
testatrix in her Will is entitled to the highest
consideration
Same; Limits of Discretion sound, not
whimsical or contrary to reason, justice,
equity, or legal principle
Nature of Order Appointing SA
interlocutory; hence, no appeal lies from the
appt of a SA
4) Dutes+eneral Po*ers o !%ecuors$
Adminisraors and Special Adminisraors
Rule 84, Sec. 1. Executor or administrator to
have access to partnership books and
property. How right enforced.The executor
or administrator of the estate of a deceased
partner shall at all times have access to, and
may examine and take copies of, books and
papers relating to the partnership business,and may examine and make invoices of the
property belonging to such partnership; and
the surviving partner or partners, on request,
shall exhibit to him all such books, papers,
and property in their hands or control. On the
written application of such executor or
administrator, the Court having jurisdiction of
the estate may order any such surviving
partner or partners to freely permit the
exercise of the rights, and to exhibit the books,
papers, and property, as in this section
provided, and may punish any partner failingto do so for contempt.