RULE 77

ALLOWANCE OF WILL PROVED OUTSIDE OF PHILIPPINES

AND ADMINISTRATION OF ESTATE THEREUNDER
A will allowed or probated in a foreign country, must be REPROBATED in the Philippines. If the decedent owns properties in
different countries, separate administration proceedings must be
had in said countries.
TWO TYPES OF ESTATE PROCEEDINGS:
1. Domicilliary administration - the proceeding instituted in
last residence of the decedent.
2. Ancillary administration - the administration proceedings
where he left his estate.
REQUISITES OF ANCILLARY ADMINISTRATION (Sec.2)
1. there must be a will (inferred from the wordings of Rule 77);
2. filing of:
a) copy of the will executed in foreign country;
b) order or decree of foreign court allowing such will; and
c) authentication of requisites a and b above;
3. notice of time and place of hearing;
4. hearing; and
5. certificate of allowance.
Q: Can a will executed and proved in a foreign country be
allowed in the Philippines under Rule 77?
Ans. YES. Provided that the following must be proved:
1. foreign court must have jurisdiction over the proceeding;
2. domicile of testator/decedent in the foreign country and not
in the Philippines;
3. that the will has been admitted to probate in such country;
4. it was made with the formalities prescribed by the law of the
place in which the decedent resides, or according to the
formalities observed in his country, or in conformity with the
formalities prescribed by our Civil Code; and
5. due execution of the will in accordance with the foreign laws.
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Q: WHY IS IT THAT IT IS NECESSARY TO PROVE FOREIGN

LAWS IN REPROBATE OF THE WILL?
ANS. THE NECESSITY OF PRESENTING EVIDENCE ON THE
FOREIGN LAWS UPON WHICH THE PROBATE IN THE FOREIGN
COUNTRY IS BASED IS IMPELLED BY THE FACT THAT OUR COURTS
CANNOT TAKE JUDICIAL NOTICE OF THEM. (PHILIPPINE
COMMERCIAL AND INDUSTRIAL BANK VS. ESCOLIN, 56 SCRA 266
G.R. NOS. L-27860 AND L-27896 MARCH 29, 1974).
EFFECTS
1. the will shall have the same effect as if originally proved and
allowed in court of the Philippines.
2. letters testamentary or administration with a will annexed
shall extend to all estates of the Philippines.
3. Residue of estate after payment of debts, etc. shall be
disposed of as provided by law in cases of estates in
Philippines belonging to persons who are inhabitants of
another state or country.
RULE 78
LETTERS TESTAMENTARY AND OF ADMINISTRATION WHEN
AND TO WHOM ISSUED
PERSONS WHO CAN ADMINISTER THE ESTATE
1. Executor;
2. Administrator, regular or special (Rule 80); and
3. Administrator with a will annexed (Rule 79, Section 1).
Definition of Terms
Executor - The one named by the testator in his will for the
administration of his property after his death.
Administrator - One appointed by the Court in accordance with
the Rules or governing statutes to administer and settle the
intestate estate or such testate estate, where the testator did not
name any executor or that the executor so named refuses to
accept the trust, or fails to file a bond, or is otherwise
incompetent.
Administrator with a will annexed - one appointed by the
court in cases when, although there is a will, the will does not
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appoint any executor, or if appointed, said person is either

incapacitated or unwilling to serve as such.
Letters testamentary - Authority issued to an executor named
in the will to administer the estate.
Letters of administration Authority issued by the court to a
COMPETENT person to administer the estate of the deceased who
died intestate.
WHO MAY SERVE AS EXECUTOR/ ADMINISTRATOR?
Any COMPETENT person may serve as executor or administrator.
WHO
ARE
INCOMPETENT
EXECUTOR/ADMINISTRATOR?

TO

SERVE

AS

1. a minor
2. a non-resident
3. one who in the opinion of the court is unfit to exercise the
duties of the trust by reason of:
a) drunkenness
b) improvidence
c) want of understanding and integrity
d) conviction for an offense involving moral turpitude
Executor of executor shall not, as such, administer the estate of
the first testator. (Sec. 2)
When to appoint an administrator and the courts duty
1. NO executor is named in the will,
2. The named executor or executors are incompetent,
3. The named executor or executors refuse the trust, or fail to
give bond, or a person dies intestate.
Duty of the Court: It must appoint an administrator of the
estate of the deceased who shall act as representative not only of
the court appointing him but also of the heirs and the creditors of
the estate. (Gonzales vs. Aguinaldo, G.R. No. 74769 September
28, 1990.)
Q: Can the clerks of court or other court personnel of probate
courts be appointed as administrators?

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ANS: NO. In the case of Medina, et al vs CA, the SC ruled that

clerks of court and other personnel of the probate court are not
allowed to be appointed as administrator or receivers of estates
of deceased persons in order to maintain and observe their
objectivity and impartiality in the performance of their regular
functions.
(Sec. 6) ORDER OF PREFERENCE IN THE APPOINTMENT OF
REGULAR ADMINISTRATOR
1. The surviving husband or wife or the next of kin, or both in
the discretion of the court, or to such person as such
surviving spouse or next of kin, request to have appointed, if
competent and willing to serve. (SURVIVING SPOUSE OR
NOMINEE)
2. If the surviving spouse or the next of kin or the person
selected by them be incompetent or unwilling to serve, or if
the surviving spouse or next of kin neglects for 30 days after
the death of the decedent to apply for administration, ANY
one or more of the PRINCIPAL CREDITORS, if competent
and willing to serve.
3. If there is no such creditor competent and willing to serve, it
may be granted to such other person as the court may
select. (STRANGER)
BASIS FOR THE PREFERENTIAL RIGHT
The underlying assumption is that those who will reap the
benefits 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 higher interest and
most influential motive to administer the estate correctly.
(Gonzales vs. Aguinaldo, G.R. No. 74769 September 28, 1990)
APPOINTMENT OF CO-ADMINISTRATORS
THE ORDER OF PREFERENCE DOES NOT RULE OUT THE
APPOINTMENT OF CO-ADMINISTRATOR AND THE SAME MAY
BE RESORTED TO BY THE PROBATE COURT IN THE
EXERCISE OF ITS SOUND DISCRETION.
Reasons why appointing more than one administrator is allowed:
(1) To have the benefits of their judgment and perhaps at all times
to have different interests represented;
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(2) Where justice and equity demand that opposing parties or

factions be represented in the management of the estate of the
deceased;
(3) Where the estate is large or, from any cause, an intricate and
perplexing one to settle;
(4) To have all interested persons satisfied and the
representatives to work in harmony for the best interests of the
estate; and
(5)When a person entitled to the administration of an estate
desires to have another competent person associated with him in
the office.
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