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RULES 77, 78, and 79

BOSLENG, Myrene
PILA, Paul Dean
RIVERA, Clark Paul

RULE 77
Allowance of wills proved outside of the
Philippines
and
Administration of estate thereunder

Section 1
Wills proved outside of the PH
Wills proved and allowed in a foreign
country according to the laws of such
country
may be allowed, filed, and recorded
by the proper CFI (RTC) in the Philippines.

Section 2
Notice of hearing for allowance
Copy of such will
order/decree allowance thereof
*BOTH duly authenticated

petition for their allowance in the PH


*all filed by the executor/person interested

The court shall fix a time & place for the hearing,
(and cause notice thereof in case of an original will
presented for allowance)

Things to prove in the re-probate


hearing
That the testator was domiciled in the foreign
country;
That the will has been admitted to probate in such
country;
That the foreign court was (under their laws) a
probate court with jurisdiction over the proceedings;
That the law on probate procedure in said foreign
country AND proof of compliance therewith;
The legal requirements in said country for the valid
execution of the will.
Fluemer vs Hix, 54 Phil. 610

Section 3
After approval of the will in a hearing
A certificate of allowance
Signed by the Judge
Attested by the seal of the Court
A copy of the will shall be attached

Filed AND Recorded


By the Clerk
As if originally proved/allowed in such
court

Section 4
Estate Administration
When a will is allowed, the court shall:
Grant letters testamentary/letters of
administration (with the Will annexed)
- Which shall extend to all the estate of the
testator in the Philippines

ESTATE
Debts
Expenses of administration
REMAINDER which shall be
distributed according to the will.
RESIDUE disposed of as if provided
by law in cases of estates in the
PH belonging to inhabitants of
another state/country

RULE 78
Letters testamentary and of administration

When and to whom issued

Section 1
Who are incompetent to serve as executors/administrators

Minors
Non-residents (of the Philippines
(In the opinion of the court to be) Unfit to
execute the duties of the trust by reason
of

Drunkenness
Improvidence
Want of understanding/integrity
Convicted of an offense involving moral
turpitude

Section 2
Executor of executor not to administer estate

The executor of an executor shall not, as


such, administer the estate of the first
testator.

Section 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.

Section 4
Letters testamentary are issued when will is 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.

Section 5
Where some coexecutors are disqualified,
others may act.
When all of the executors named in a will
can not 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.

Section 6
When and to whom letters of administration
are 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
request that administration be granted to some other
person, it may be granted to one or more of the
principal creditors, if may be granted to one or more of
the principal creditors, if competent and willing to
serve;
(c) If there is no such creditor competent and willing to
serve, it may be granted to such other person as the
court may select.

RULE 79; RRC


OPPOSING ISSUANCE OF LETTERS OF
TESTAMENTARY, PETITION AND
CONTEST FOR LETTERS OF
ADMINISTRATION

What is the MAIN


ISSUE in an
administration
proceeding?
Who is the person
rightfully entitled to
administration.

Who may oppose the


issuance of letters?
GENERAL RULE: Any
person interested in the will
may state in writing the
grounds why the letter
testimentary should not be
issued to the person, or any
of them be named executor
(Section 1)

EXCEPTION: Even where a


person who had filed a
petition for the allowance of
the will of the deceased
person had no right to do so
in view of his lack of interest
in the estate, nevertheless,
where the interested persons
did not object to its
application, the defect in the
petition would be deemed
cured. The filing of the
petition may be considered as
having been ratified by the
interested parties. (Eusebio
vs. Valmores 97 PHIL 163)

WHAT WILL THE COURT DO?


The court after hearing upon notice
shall pass upon the sufficiency of such
grounds
NOTE: A petition may at the same time
be applied for letter of administration
with the will annexed

What

are the contents of a petition for letters


of administration?
It must be filed by an interested person and must
show:

a. jurisdictional facts;
b. name, age, residence of heirs and creditors;
c. probable value and character of the estate; and
d. name of the person for whom letters is prayed
for.

No defect in the petition shall render void the


issuance of the letters of administration. (Sec. 2)

WHAT WILL THE COURT HAVING


JURISDICTION DO WHEN A PETITION FOR
ADMINISTRATION IS FILED WITHIN IT?
The court shall:
a. fix the time and place of the hearing of the
petition
b. cause the publication for 3 Weeks and
notice to heirs, creditors and other persons
believed to have an interest in the estate is
required before hearing. (Sec. 3, please relate
this to Secs. 3 & 4, Rule 76)

WHO MAY OPPOSE


A LETTER OF
ADMINISTRATION?
Any person may by
filing a written
opposition, contesting
the petition
( Sec.4)

WHAT ARE THE GROUNDS TO OPPOSE


LETTERS TESTAMENTARY AND A PETITION
FOR ADMINISTRATION?
In Letters Testamentary
incompetence
In Letters of Administration
incompetence;
preferential right of the heir under Sec. 6, Rule 78.
( the contestants own right to the administration,
Sec. 4)
NOTE: the contestant may pray that the letter be
issued to himself or to any competent
person/persons named in the opposition.

WHAT SHALL HAPPEN DURING THE HEARING


OF THE PETITION FOR ADMINISTRATION?
1.It must be shown that notice has been given;
2.The court shall hear the proofs of the parties in
support of their respective allegations;
3.If satisfied that:
a. The decedent left no will
b. No competent and willing executor
Order the issuance of the letter of administration to
the party best entitled thereto (Sec.5)

WHO MAY BE GRANTED A


LETTER OF
ADMINISTRATION?
The court my grant letters of
administration to any qualified
applicant, although it appear
that there may that there are
other competent persons
having a better right of
administration
If such person:
a. fails to appear when notified
b.claim the issuance of the
letters themselves ( Sec.6)

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