Special Proceedings 1. May a will proved in a foreign country be allowed and filed in the Philippines?

Yes, 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 provided the following must be proved: a) The testator had his domicile in the foreign country; b) The will has been admitted to probate in such country; c) The fact that the foreign tribunal is a probate court; d) The law on probate procedure of the said foreign country and proof of compliance therewith; e) The legal requirements in said foreign country for the valid execution of the will. 2. What shall the court do upon the filing of a petition for allowance of a will allowed outside of the Philippines? Such court of jurisdiction where such petition is filed 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 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 3. What is the effect if a will allowed in a foreign country is allowed in the Philippines? a) The will shall have the same effect as if originally proved and allowed in the Philippines. b) letters testamentary, or letters of administration with the will annexed, and shall extend to all the estate of the testator in the Philippines c) Such estate, after the payment of just debts and expenses of administration, shall be disposed of according to such will 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. 4. What shall be done after a will allowed in foreign country shall have been allowed in the Philippines? 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.

5. Who may not be appointed as executor or administrator? The following persons cannot be appointed as executor or administrator: a) A minor; b) 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 d) The executor of an executor cannot administer the estate of the first testator 6. May a married woman serve as administrator? Yes, a married woman may serve as executrix or administratrix. (Sec 3, Rule 78 of the Rules of Court) 7. Who is an executor? The person named in the will to administer the decedents estate and carry out the provisions thereof. 8. Who is an administrator? The person appointed by the court to administer the estate where the decedent died intestate. An administrator may also be one appointed by the court in cases when, although there is a will, the will does not appoint any executor, or if appointed, said person is either incapacitated or unwilling to serve as such. 9. Who appoints an executor? An executor is nominated by the testator and appointed by the Court. 10. When may letters testamentary be issued? When a will has been proved and allowed, the court shall issue letters testamentary thereon to the person named as executor therein provided the latter: a) is competent, b) accepts the trust, and c) gives bond as required by the Rules of Court

11. What shall be done if the executors named in the will are incompetent, etc? When the executors named in a will cannot act because of incompetency, etc., 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. 12. Who shall be given the preference in the appointment of the

administrator of the estate of decedent? Explain. 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) In the absence of (a), 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 such other person as the court may select. 13. State the preference in the appointment of administrator of an estate. The order of preference in granting letters of administration is as follows: a) The surviving spouse or the next of kin b) Any one or more of the principal creditors c) A stranger 14. Is the order of preference absolute? Explain. No, letters of administration may be granted to any person or any other qualified applicant even if there are other competent persons with a better right to the administration, if such persons fail to appear when notified and claim the issuance of the letters to themselves. What is the letter testamentary? It is the authority issued to an executor named in the will to administer the estate.

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16. What is meant by letters of administration with the will annexed? It is the authority issued by the court to a competent person to administer the estate if the executor named in the will refused to accept the office 17. Give the concept of letters of administration. It is the authority issued by the court to a competent person to administer the estate of the deceased who died intestate.

18. Why is the surviving spouse preferred in the appointment of administrator? In the case of Gabriel vs. CA, GR. No. 101512, it is said that in the appointment of the administrator of the estate of a deceased person, the principal consideration reckoned with is the interest in said estate of the one to be appointed as administrator. This is likewise the same consideration which the law takes into account in establishing the preference of the widow to administer the estate of her husband upon the latter's death, because she is supposed to have an interest therein as a partner in the conjugal partnership. Under the law, the

widow would have the right of succession over a portion of the exclusive property of the decedent, aside from her share in the conjugal partnership. For such reason, she would have as much, if not more, interest in administering the entire estate correctly than any other next of kin. 19. Does it mean that the preference of the surviving spouse is absolute? Why? No. It is to be noted that the order of preference laid down in the Rules is not absolute and may be disregarded by the Court for valid cause such as when the surviving spouse is incompetent or unwilling or neglects to apply for letters of administration within thirty (30) days after the decedents death. 20. When there is an application for letters of administration, invoking preference of appointment, what shall the court do? The court, after hearing upon notice, shall pass upon the sufficiency of the grounds contained in the application. 21. What is the primary consideration in the appointment of administrator? In the appointment of the administrator of the estate of a deceased person, the principal consideration reckoned with is the interest in said estate of the one to be appointed as administrator. The underlying assumption behind this rule is that those who will reap the benefit of a wise, speedy and economical administration of the estate, or, on the other hand, suffer the consequences of waste, improvidence or mismanagement, have the highest interest and most influential motive to administer the estate correctly. (Gabriel vs. CA, GR. No. 101512) 22. A petition of administration over the intestate estate of the late Mariano San Pedro was filed with the defunct CFI of Bulacan. The petition was initiated by Engracio San Pedro and Justino Benito who sought to be appointed as administrator and co-administrator, respectively. After, the jurisdictional facts were established; evidence for the petitioners was received by the lower court without any opposition. Thereafter, the lower court issued letters of administration in favor of Engracio San Pedro upon posting a bond. Subsequently, the lower court rendered a decision declaring the existence, genuineness and authenticity of Titulo Propriedad No. 4136 of the Registry of Deeds of Bulacan, issued in the name of the deceased Don Mariano San Pedro, covering a total area of approximately 173,000 hectares. The Republic moved for a reconsideration of the above decision. After hearings were conducted, the newly appointed presiding judge, issued an order setting aside Judge Bagasao's decision by declaring Titulo Propriedad No. 4136 as null and void and of no legal force and effect, thus, excluding all lands covered by Titulo Propriedad No. 4136 from the inventory of the estate of the late Mariano San Pedro

Issue: May the lower court, acting as a probate court in a petition for letters of administration, settle the issue of ownership of the San Pedro estate covered by Titulo Propriedad No. 4136? A probate courts jurisdiction is not limited to the determination of who the heirs are and what shares are due them as regards the estate of a deceased person. Neither is it confined to the issue of the validity of wills. The main function of a probate court is to settle and liquidate the estates of deceased persons either summarily or through the process of administration. Thus, its function necessarily includes the examination of the properties, rights and credits of the deceased so as to rule on whether or not the inventory of the estate properly included them for purposes of distribution of the net assets of the estate of the deceased to the lawful heirs. Should an heir or person interested in the properties of a deceased person duly call the courts attention to the fact that certain properties, rights or credits have been left out in the inventory, it is likewise the courts duty to hear the observations, with power to determine if such observations should be attended to or not and if the properties referred to therein belong prima facie to the intestate, but no such determination is final and ultimate in nature as to the ownership of the said properties. 23. What are the duties of a co-administrator and may the court appoint a co-administrator? Explain. The general practice is that co-executors or co-administrators will exercise joint supervision over the entire estate, but the court for justifiable reasons may charge a co-administrator with powers over a particular portion of the estate for administration by him independent of his coadministrator, but he must act in close cooperation with the latter. In a number of cases, under certain circumstances and for various reasons well-settled in Philippine and American jurisprudence, the Court has upheld the appointment of co-administrators: a) to have the benefits of their judgment and perhaps at all times to have different interests represented; b) where justice and equity demand that opposing parties or factions be represented in the management of the estate of the deceased; c) where the estate is large or, from any cause, an intricate and perplexing one to settle; d) To have all interested persons satisfied and the representatives to work in harmony for the best interests of the estate; and when a person entitled to the administration of an estate desires to have another competent person associated with him in the office (Suntay vs. Suntay, GR. No. 183053) 24. May the appointment of an administrator be re-opened without removing the incumbent administrator? Explain. In one case, the Supreme Court found petitioners argument that the trial court cannot re-open the issue of the appointment of an administrator without removing the incumbent administrator is erroneous. In the said case, the trial court granted letters of administration to

petitioner and thereafter to private respondent as co-administrator. The order of preference was not disregarded by the trial court. Instead of removing petitioner, it appointed private respondent, a creditor, as coadministrator since the estate was sizeable and petitioner was having a difficult time attending to it alone. A co-administrator performs all the functions and duties and exercises all the powers of a regular administrator, only that he is not alone in the administration. The practice of appointing co-administrators in estate proceedings is not prohibited. 25. Who may oppose the issuance of letters testamentary? The general rule is that any person interested in a will may oppose the issuance of letters testamentary by stating in writing the grounds why he is opposing and he may attach a petition for letters of administration. State the contents of a petition for letters of administration. A petition for letters of administration must show, so far as known the petitioner: The jurisdictional facts; The names, ages, and residences of the heirs, and the names and residences of the creditors, of the decedent; The probable value and character of the property of the estate; 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.

26. to a) b) c) d) e) 27.

What shall be alleged in the jurisdictional facts? The jurisdictional facts required to be alleged in the petition for probate are: a) That a person died leaving a will b) In the case of a resident, that he died in his residence within the territorial jurisdiction of the court, or in the case of a non-resident, that he left an estate within such territorial jurisdiction, and c) That the will has been delivered to the court

28. What shall the court do after the filing of a petition for the issuance of letters of administration? If a petition for letters of administration is filed, 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 other persons believed to have an interest in the estate. 29. Who may file an opposition to the petition for the issuance of letters of administration? Generally, any interested person may file an opposition to the petition for the issuance of letters of administration on the ground of incompetency of the person for whose letters are prayed therein, or on the ground of the contestants own right to the administration. However, 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) 30. What shall be done before hearing the petition for administration? It must first be shown that notice has been given to the known heirs and creditors of the decedent, and other persons believed to have an interest in the estate as required by the Rules. 31. What is the basic issue in administration proceedings? The basic issue in administration proceedings is that who is the person rightfully entitled to administration.

32. When may letters of administration be granted to an applicant? Letters of administration may be granted after the following requisites are being complied with: a) A valid petition for letters of administration filed by an interested person b) The Court fix a time and place for hearing the petition c) Notice thereof to be given to the known heirs and creditors of the decedent, and to any other persons believed to have an interest in the estate d) Hearing of the petition e) If satisfied that the decedent left no will , or that there is no competent and willing executor, the Court shall order the issuance of letters of administration to the party best entitled thereto 33. Suppose there are two proceedings on the same estate, one, testate, and the other intestate, which of the two will take precedence? Why? Testate proceedings take precedence over intestate proceedings for the same estate. If during the pendency of intestate proceedings, a will of the decedent is discovered, proceedings for the probate of the will shall replace the intestate proceedings even if an administrator had already been appointed therein. Should the will not be allowed to probate, then the proceedings shall be continued as an intestacy. Doubts should be resolved in favor of testacy, especially where the will evinces the intent of the testator to dispose of his whole estate. 34. When may the probate court appoint a special administrator? When there is delay in granting letters testamentary or of administration by any cause including an appeal from the allowance or disallowance of a will When the executor is a claimant of the estate he represents

35. What is the effect of the appointment of a special administrator? The special administrator will now take possession and charge of the estate of the deceased until the questions causing the delay are decided and executors or administrators appointed.

36. State the powers and duties of a special administrator. a) possession and charge of the goods, chattels, rights, credits, and estate of the deceased b) commence and maintain suits for the estate as administrator c) may sell only such perishable and other property as the court orders sold d) pay any debts of the deceased only when so ordered by the court 37. In case of suits for payment of debts of the deceased, may the special administrator be made a defendant? Generally, while a special administrator may commence and maintain suits under Sec. 2 Rule 80 of the Rules of Court, he cannot be sued by a creditor for the payment of a debt of the deceased. Such suit must await the appointment of a regular administrator. However, it was subsequently held in a number of cases that a special administrator may be made a defendant in a suit against the estate where the creditor would suffer the adverse effects of the running of the statute of limitations against them if the appointment is delayed. In another case, it was held that a mortgagee may bring an action for the foreclosure of a mortgage of a property of the estate against a special administrator; otherwise the very purpose for which the mortgage was constituted will be defeated. 38. When shall the powers of a special administrator cease to operate? The powers of a special administrator cease after the questions causing the delay are resolved and letters are granted to regular executor or administrator 39. What shall be done by the special administrator after his power shall have ceased? He shall forthwith deliver to the executor or administrator the goods, chattels, money, and estate of the deceased in his hands. 40. What is the basis of the appointment and removal of a special administrator? The basis for appointing a special administration under the Rule is broad enough to include any cause or reason for the delay in granting letters testamentary or of administration as where a contest as to the will is being carried on in the same or in another court, or where there is an appeal pending as to the proceeding on the removal of an executor or administrator or in cases where the parties cannot agree among themselves. The reason for the practice of appointing a special administrator rests in the fact that estates of decedents frequently become involved in protracted litigation thereby being exposed to great waste and losses if there is no authorized agent to collect the debts and preserve the assets in the interim. The occasion for such appointment usually arises where, for some cause, such as pendency of a suit concerning proof of the will, regular administration is delayed.

41. Is it possible to appoint a special administrator for the conjugal estate and another special administrator for the estate of the deceased spouse? No. In one case, the Supreme Court ruled held that there is absolutely no reason for appointing two separate administrators, especially if the estate to be settled is that of a deceased husband. According to section 2, Rule 75, "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." Section 6, Rule 79, provides for appointment of one administrator in case of intestacy, except in certain cases in which two or more joint, but not separate and independent, administrators may be appointed under section 3, Rule 82. Therefore the administrator appointed to administer and liquidate the exclusive property of a deceased spouse shall also administer, liquidate and distribute the community property, because the estate of a deceased spouse which is to be settled, that is, administered, liquidated and distributed, consists not only of the exclusive properties of the decedent, but also of one-half of the assets of the conjugal partnership, if any, which may pertain to the deceased. 42. May an executor be appointed special administrator during the pendency of appeal from the order admitting a will to probate? Yes, it is possible for the executor or administrator whose appointment is challenged by appeal to be appointed also as the special administrator pending such appeal. There is no harm in appointing the same person as special administrator because there is a vast of difference between the powers and duties of the two positions. 43. Is it possible for a legatee to intervene in the appointment of an administrator? Yes. The Rules provide that any interested person may, by filing a written opposition, contest the petition of appointment of an administrator 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. 44. What is the extent of the power of the court in the appointment of a special administrator? Explain. As the law does not say who shall be appointed as special administrator and the qualifications the appointee must have, the judge or the court has discretion in the selection of the person to be appointed, discretion which must be sound, that is, not whimsical or contrary to reason, justice or equity. 45. Have the New Rules broadened the basis for the appointment of an administrator? Explain. Yes. The basis for appointing a special administration under the Rule is broad enough to include any cause or reason for the delay in granting letters testamentary or of administration as where a contest as to the will is being carried on in the same or in another court, or where there is

an appeal pending as to the proceeding on the removal of an executor or administrator or in cases where the parties cannot agree among themselves. 46. When the court appoints a special administrator, does it determine the shares of the heirs in the estate? Explain. No. The court appoints only a special administrator whenever there is delay in granting of letters including appeal in the probate of the will or when the executor is a claimant of the estate he represents; and not to determine the shares of the heirs in the estate. 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. 47. What rules govern the appointment of the special administrator as distinguished from the appointment of a regular administrator? In Heirs of Belinda Dahlia A. Castillo v. Lacuata-Gabriel, G.R. No. 162934, it was stated that: It is well settled that the statutory provisions as to the prior or preferred right of certain persons to the appointment of administrator under Section 1, Rule 81, as well as the statutory provisions as to causes for removal of an executor or administrator under section 653 of Act No. 190, now Section 2, Rule 83, do not apply to the selection or removal of special administrator. x x x As the law does not say who shall be appointed as special administrator and the qualifications the appointee must have, the judge or court has discretion in the selection of the person to be appointed, discretion which must be sound, that is, not whimsical or contrary to reason, justice or equity. 48. What shall the executor or administrator do before entering into his trust and letters of administration or testamentary may issue? Before an administrator, or an executor enters upon the execution of the trust, and letters testamentary or of administration are issued, the person to whom they are issued is required to give a bond in such reasonable sum as the court directs, with one or more sufficient sureties, conditioned upon the faithful performance of his trust. 49. What is the purpose of the bond? The bond posted by administrators and executors served as an indemnity to the creditors, the heirs and the estate. The Court hold it accountable for breach of duty on the part of the administrator or executor. State the conditions of an executor's or administrator's bond. The executors or administrators bond shall be conditioned as follows: a) To make and return to the court, within three (3) months, a true and complete inventory of all goods, chattels, rights, credits, and estate of the deceased which shall come to his possession or knowledge or to the

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possession of any other person for him; b) To administer according to these rules, and, if an executor, according to the will of the testator, all goods, chattels, rights, credits, and estate which shall at any time come to his possession or to the possession of any other person for him, and from the proceeds to pay and discharge all debts, legacies, and charges on the same, or such dividends thereon as shall be decreed by the court; c) To render a true and just account of his administration to the court within one (1) year, and at any other time when required by the court; d) To perform all orders of the court by him to be performed.

51. In what circumstances may the executor or administrator enter upon his trust without a bond or be required to post additional bond? He may be allowed by the court conditioned only to pay the debts of the testator. 52. State the conditions of the bond of a special administrator. The special administrators bond shall be conditioned as follows: a) that he will make and return a true inventory of the goods, chattels, rights, credits, and estate of the deceased which come to his possession or knowledge, and b) that he will truly account for such as are received by him when required by the court, and c) will deliver the same to the person appointed executor or administrator, or to such other person as may be authorized to receive them

53. Is it possible for the probate court to order the forfeiture of an administrator's bond? Yes, jurisprudence tells that the probate court has jurisdiction over the forfeiture or enforcement of an administrators bond. It goes with its power to issue administrators bond. 54. In what other ways may the executor's or administrator's bond be proceeded against? Matters of forfeiture may also be litigated in an ordinary civil action brought before the Regional Trial Court. 55. When shall letters of administration be revoked? It is only when the newly-discovered will has been admitted to probate that the letters of administration may be revoked by the probate court.

56. What shall the administrator do after the revocation of the letters of administration? The administrator shall forthwith surrender the letters to the court, and render his account within such time as the court directs. 57. State the effects of the revocation of letters of

administration. a) Upon revocation of letters of administration, all powers there-under cease. b) The administrator shall forthwith surrender the letters to the court, and render his account within such time as the court directs. c) Proceedings for the issuance of letters testamentary or of administration under the will shall be provided. 58. State the grounds for the removal of an executor or administrator. When an executor or administrator: a) Neglects to render his account; or b) Neglects to settle the estate according to law; or c) Neglects to perform an order or judgment of the court, or a duty expressly provided by the Rules; or d) Absconds; or e) becomes insane; or f) otherwise incapable or unsuitable to discharge the trust 59. State the effects of revocation, resignation or removal of the executor or administrator on his previous acts. a) The lawful acts of an executor or administrator before the revocation of his letters testamentary or of administration, or before his resignation or removal, shall have the like validity if there has been no such revocation resignation, or removal. b) The remaining executor or administrator may administer the trust alone, unless the court grants letters to someone to act with him. c) If there is no remaining executor or administrator, administration may be granted to any suitable person. 60. If a new executor or administrator is appointed after the removal of a previous one, what are the powers of the new one? a) shall have the like powers to collect and settle the estate not administered that the former executor or administrator had, and b) may prosecute of defend actions commenced by or against the former executor or administrator, and c) have execution on judgments recovered in the name of such former executor or administrator d) An authority granted by the court to the former executor administrator for the sale or mortgage of real estate may be renewed in favor of such person without further notice or hearing.