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SPECIAL PROCEEDING

A special proceeding is a remedy by which a party


seeks to establish a status, a right, or a particular fact.
(S3 R1)
Distinguish: SPECIAL PROCEDINGS vs CIVIL ACTION

1. As to nature

2. As to binding effect

3. As to cause of action
What are the special proceedings mentioned in the rules of court S1R72

1. Settlement of estate 2. Escheat


3. Guardianship and custody of minors 4. Trustees
5. Adoption 6. Change of name
7. Rescission & revocation of adoption 8. Habeas corpus
9. Hospitalization of insane persons
10.Voluntary dissolution of corporation
11. Judicial approval of voluntary recognition of minor
12. Constitution of family home
13. Declaration of absence and death
14. Cancellation or correction of entries in the civil registry
Comment on Section 1 of Rule 72

1. Procedure for rescission and revocation of adoption has


been assimilated in the Rule on Adoption, effective 22
August 2002.

2. Petition for voluntary dissolution of corporation is


now filed with the SEC and not to the courts. (Secs.
118/119 of the Corporation Code)
3. After the effectivity of the Family Code, the concept
of the natural child was abolished.

4. No need for a judicial constitution of a family home,


under Art 153 f the FC the same is deemed
automatically constituted.
Is the enumeration of special proceedings in S1 Rule 72
exclusive?

This provision of the Rules refers to civil actions and is not applicable to special proceedings,
such as a land registration case. This is so because a party in a civil action must immediately
enforce a judgment that is secured as against the adverse party, and his failure to act to enforce
the same within a reasonable time as provided in the Rules makes the decision unenforceable
against the losing party. In special proceedings the purpose is to establish a status, condition or
fact; in land registration proceedings, the ownership by a person of a parcel of land is sought
to be established. After the ownership has been proved and confirmedby judicial
declaration, no further proceeding to enforce said ownership is necessary, except when
the adverse or losing party had been in possession of the land and the winning party
desires to oust him therefrom. (Ting v. Heirs of Lirio, G.R. No. 168913, 14 March 2007)
H and W, husband and wife W went to Singapore as
domestic helper and worked for 10 years, all the
while no news from H, W met and fell in love with Z.

On 4 July, 2007, W filed a petition with the RTC of


Manila to declare H presumptively dead, RTC granted
the petition. The OSG filed a Notice of Appeal with the
RTC, stating that it was appealing the decision to the
CA on questions of Law and Fact.
Q. 1. Is the petition for the declaration of presumptive
death is a special proceeding? Why or why not?

Ans. No it is not a special proceeding. Republic v.


Madrona, G. R. 163604, 6 May 2005

Comment
Q. 2. As the RTC who granted Ws petition, will you
give due course to the OSGs notice of appeal? Why or
why not?

I will not give due course anent to such notice of appeal, because
under the Family code Art. 247 judgement of the court in a
petition for declaration of presumptive death is immediately final
and executory. Hence such a judgment may not be appealed.
Republic v. Bermudez-Lorino G.R. 160258 19 January 2005
Sal Mineo died intestate, leaving a P 1 billion estate. He was
survived by his wife Dayanara and their five children.
Dayanara filed a petition for the issuance of letters of
administration. Charlene, one of the children, filed an
opposition to the petition, alleging that there was neither an
allegation nor genuine effort to settle the estate amicably
before the filing of the petition. Rule on the opposition.
Ans.
SC held that Art. 151 of the FC, which requires (as
condition precedent) that in suits involving the members
of the same family, there must be a verified allegation of
earnest efforts at compromise, applies only to suits or
ordinary civil actions but not to a special proceeding, like
a petition for settlement of estate, which is simply for the
establishment of a status, a right, or a particular fact.
Manalo v. CA, 16 January 2001)
What provisions govern special proceedings?

Ans. SPs are primarily governed by the special


provisions applicable to them. In the absence of
special provisions, the rules provided for in ordinary
actions shall be, as far practicable, applicable in SPs.
(S2 R72)
Rule 73 Venue and Process

Which court has jurisdiction over a proceeding for the


settlement of estate of a deceased person?

RTC- exceeds 300K (gross value of the estate


exceeds 400K MM

BP Blg. 129 S19(4)


A petition for allowance of a holographic will was filed with the RTC. The
petition did not alleged the gross value of the estate. The RTCs decision
was appealed to the court of Appeals and the latters decision was appealed
to the SC. Neither the parties nor the lower courts delved on the issue of
jurisdiction. May the SC motu proprio dismiss the case on the ground of
lack of jurisdiction?
Yes. Jurisdiction of the courts is determined from the allegation in the
complaint or petition. If no allegations in the complaint anent to the
amount of gross estate, RTC did not acquire jurisdiction, therefore, the
SC can dismiss the petition motu proprio, whether at he first instance or
on appeal.
(Frianela v. Banayad, G. R. 169700 july 30, 2009
Initiatory pleading in probate proceedings

If a person dies testate:

Petition for allowance of will and for letter testamentary.

Petition for allowance of will and for letters of administration


with the will annexed.

If a person dies intestate:

Petition for letters of administration


Where is the venue of probate proceedings?
If the decedent is a resident, venue lies with the
RTC or MTC where the decedent resided at the
of his death. If the decedent is a non-resident,
venue is RTC/MTC of any place where he had an
estate. (S1 R73)
Rule on preferential jurisdiction

It is the rule where the court first taking cognizance of the


settlement of the estate of a decedent shall exercise
jurisdiction to the exclusion of all other courts. (S1 R73)
while rule 73 Sec 1 speaks of Jurisdiction what it actually
refers to is venue.
David , a resident of Catarman, Northern Samar, died. Intestate
proceedings were filed by an heir in the RTC of Quezon city where
the great bulk of Davids property is situated. Subsequently a testate
proceeding was filed in the RTC of Catarman. The records clearly
show that David is a resident of Catarman. The heirs moved to
dismiss the probate proceeding filed in Catarman citing the rule of
preferential jurisdiction which states that the court first taking
cognizance of the a probate proceeding shall exercise jurisdiction to
the exclusion of all other courts. Is the heirs contention correct?
No. The rule of preferential jurisdiction applies only to a non-
resident decedent, in which case the venue is the RTC/MTC of
any place where the decedent had an estate. Where the
decedent is a resident, the venue of a probate proceedingmlies
with the RTC/MTC where he resided at the time of his death.
Moreover testate proceedings take preference over an
instestate proceeding. (Cuenco v. CA, 26 Oct. 1973)
Dencio was a long time resident of Lipa City, Batangas.
He became ill however and had to go to Manila for
medical treatment. While in Manila, Dencio stayed at
the house of his son, Andres. Three months later,
Dencio died in the hospital in Manila where he has
being treated. His gross estate where valued at P10M.
What is the proper venue for the petition for the
probate of Dencios will?
Answer: In the RTC of Manila. RESIDES in S1 R73
means actual residence or place of abode and not
domicile or legal residence. (Fule v. CA, 74 SCRA 189)
at the time of Dencios demise he was actually residing
in Manila.
How is venue challenged or contested in a probate
proceeding?

Venue in a probate proceeding can only be questioned ON


APPEAL, but certiorari under rule 65 may be resorted to if
the impropriety of the venue (due to residence or location
of estate) appears on the record. (S1 R3 ; Manzanero v. CFI
61 Phil. 850).
If settlement proceedings are filed in two or more
courts and the question of venue is raised, which court
Would have jurisdiction to decide the issue of venue?

The court in which the case was first filed


has the exclusive jurisdiction to settle the
issue of venue. (De Borja v. Tan 27 July 1955)
If a spouse has died, in what proceeding is the
community property or conjugal partnership
liquidated? What if both spouses have died?

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 therefore paid, in
the testate or intestate proceedings of the deceased spouse,
if both died, the conjugal partnership shall be liquidated in
the testate intestate proceedings of either deceased spouse.
(S2 R73)
Pedrillo, a Fil-Am permanent resident of Los Angeles, California at the time of
his death, bequeathed to Winston a sum of money to purchase an annuity.

Upon Pedrillos demise, his will was duly probated in Los Angeles and the
specified sum in the will was in fact used to purchase an annuity with XYZ of
Hong Kong so that Winston would receive the equivalent of US$1,000 per
month for the next 15 years.

Wanting to receive the principal amount of the annuity, Winston files for the
probate of Pedrillos will in the Makati RTC. As prayed for, the court names
Winston as administrator of the estate.

Winston now files in the Makati RTC a motion to compel XYZ to account for
all sums in its possession forming part of Pedrillos estate. Rule on the motion.
The motion should be denied, writs and processes of a
probate court cannot extend outside our jurisdiction. At
the onset the petition should be dismissed , in a petition for
probate of a will where the testator is a non-resident, the
jurisdictional facts should state that he has properties
located in the Philippines. (Cuenco v. CA L-24742 10-26-
1973)
RULE 74

General rule (S6 R78): If a person dies leaving an estate, it


must be judicially administered by a competent court
having jurisdiction over the petition, If there is a will it
will provide for the allowance of the will and appointment
of an executor stated in the will, if silent, refused or
incompetent an administrator. If the person dies
without a will, the court of competent jurisdiction will
appoint an administrator and judicially administered the
estate.
Exception for Judicial Administration of estate
Sec. 2 Summary settlement of state of small values
Gross value of the estate is P10,000.00 (petition filed at MTC)

Testate and Intestate applicable

Applicable even if there are debts (can be instituted by any interested party, even a creditor of
the estate, even without the consent of all the heirs.)

Publication 1 x 3 newspaper of general circulation

Hearing on the petition not less than 1 mon. or more than 3 mons. (from the date of the last
publication of the notice and after such notice to interested persons as the court may direct.)

The court will act summarily without need of appointing an executor or administrator, granting
the allowance of the will, determination of heirs , payments of debts and division and
distribution of estate.
Extrajudicial settlement of estates

Requirements (S1 R74)

No will / No debts

Heirs are all of age / minors represented by their judicial


or legal representatives duly authorized for this purpose.
Procedure in extrajudicial settlement of estate
Agreement of heirs to execute a public instrument duly filed with
the registered of deeds. (should they disagree in the settlement
they can file an ordinary action for partition)

If there is only a single heir, he may execute an affidavit of self


adjudication filed with the register of deeds. (adjudicating to
himself the entire estate)

1 x 3 publication in a news paper of general circulation.

Filing of a bond filed simultaneously with the register of deeds = to


the amount of personal property to answer any just claims.
Characteristics of extrajudicial settlement of estates

Does not require court intervention

The value of the estate is immaterial

Allowed only in INTESTATE succession

No Debts outstanding

By agreement of all heirs


After requisite publication, is the extrajudicial
settlement binding upon all persons?

No. 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. S1 R74
Following the above-quoted decision of this Court in the case of Ramirez
vs. Gmur, supra, we are of the opinion and so hold that the provisions of
Section 4 of Rule 74, barring distributees or heirs from objecting to an
extrajudicial partition after the expiration of two years from such
extrajudicial partition, is applicable only (1) to persons who have
participated or taken part or had notice of the extrajudicial partition, and,
in addition, (2) when the provisions of Section 1 of Rule 74 have been
strictly complied with, i.e., that all the persons or heirs of the decedent
have taken part in the extrajudicial settlement or are represented by
themselves or through guardians. The case at bar fails to comply with
both requirements because not all the heirs interested have participated
in the extrajudicial settlement, the Court of Appeals having found that the
decedent left aside from his widow, nephews and nieces living at the time
of his death. G.R. No. L-10474 February 28, 1958
Pinoy died without a will. His wife, Rosie, and three children
executed a deed of extrajudicial settlement of his estate. The
deed was properly published and registered with the Office of
the Register of Deeds. Three years thereafter, Suzy appeared,
claiming to be the illegitimate child of Pinoy. She sought to annul
the settlement alleging that she was deprived of her rightful share
in the estate.

Rosie and the three children contended that (1) the publication
of the deed constituted constructive notice to the whole world,
and should therefore bind Suzy; and (2) Suzy's action had already
prescribed. Are Rosie and the three children correct? Explain.
(4%)
The publication of the settlement does not constitute
constructive notice to the heirs who had no knowledge or did
not take part in it because the same was notice after the fact of
execution. The requirement of publication is geared for the
protection of creditors and was never intended to deprive
heirs of their lawful participation in the decedent's estate.
In this connection, the records of the present case confirm that
respondents never signed either of the settlement documents,
having discovered their existence only shortly before the filing
of the present complaint. Following Rule 74, these extrajudicial
settlements do not bind respondents, and the partition made
without their knowledge and consent is invalid insofar as they
are concerned. G.R. No. 161220 July 30, 2008
Remedies of an heir in a summary settlement of estate
who has been duly deprived of his lawful participation?

File a petition for annulment of the extrajudicial


settlement of estate, and compel the settlement of the
estate in such court for the purpose of satisfying such
lawful participation, or cancellation of partition and
making of a new division.

UNLESS
The deprived heir agrees to be paid the value of his
participation with interest.
The bond and the lien on the real property will remain
charged with a liability to creditors, heirs for a period of
two years after such distribution.
Not withstanding transfer of real estate that may have been
made.

If a minor/ mentally incapacitated person / or in prison/


or outside the Philippines, he can present his claim within
ONE YEAR after such disability is removed. (S5 R74)
What is the duty of the registry of deeds?
Annotation of a two year lien on the title, after two
years and a presentation of a verified petition for
cancellation of the lien noted on the title by the
registered heirs, devisees or legatees that no claim of any
creditor and or other heirs exist. The register of deeds
will cancel the annotated lien without need of a court
order. Sec. 86, Property Registration Decree

Two year period of lien commence from the date of


registration of the EJS not execution of the EJS
instrument .
When can an ordinary action for judicial partition be
had in lieu of a petition for issuance of letters of
administration and or an EJP?
Nor can we sustain petitioner's argument that the order of the trial court
converting an action for letters of administration to one for judicial partition has no
basis in the Rules of Court, hence procedurally infirm. The basis for the trial court's
order is Section 1, Rule 74 of the Rules of Court. It provides that in cases where
the heirs disagree as to the partition of the estate and no extrajudicial settlement is
possible, then an ordinary action for partition may be resorted to, as in this case.
We have held that where the more expeditious remedy of partition is available to
the heirs, then the heirs or the majority of them may not be compelled to submit
to administration proceedings. The trial court appropriately converted petitioner's
action for letters of administration into a suit for judicial partition, upon motion of
the private respondents. No reversible error may be attributed to the Court of
Appeals when it found the trial court's action procedurally in order.
CASES:

B brought a property whose title still had a two year lien


annotated upon it, although more than two years had lapsed
from the registration of the EJS. Is the property bought by B
still bound by the 2 year lien?

Ans. No more, lien expires after two years and becomes


functus oficio. A buyer who purchases thereafter is a buyer
in good faith. Carreon v. Agcaoili L-11156 1961
X,Y and Z are sole heirs of the deceased W. The estate of
consist of a parcel of land in Marikina City, Y and Z was
jailed due to a conviction of a crime. In 2010, while Y and Z
are in jail, X caused the self adjudication of the said land by
means of executing and registering an affidavit of self
adjudication and a title over said land was issued a title by
the register of deeds. In 2017 Y and Z were released from
prison. Can they still file a petition to settle the estate of W
in order to obtain their lawful share?
Production of will / allowance of will necessary - R75
Section 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.

Are there any exceptions to the rule?


After Lulu's death, her heirs brought her last will to a lawyer to
obtain their respective shares in the estate. The lawyer prepared a
deed of partition distributing Lulu's estate in accordance with the
terms of her will.

Is the act of the lawyer correct? Why?


The heirs of H agree among themselves that they will honor the
division of H's estate as indicated in her Last Will and Testament. To
avoid the expense of going to court in a Petition for Probate of the
Will, can they instead execute an Extrajudicial Settlement Agreement
among themselves?

Explain briefly.
The last will and testament of the deceased was presented in the
proceeding to settle his estate and in due course hearing was set for
the probate of the will. Before evidence thereon could be presented,
the legal heirs of the deceased, his widow and two surviving daughters,
filed a manifestation that the probate of the will would no longer be
necessary since they had already agreed to divide the net estate
differently in accordance with a project of partition attached to their
manifestation. Consequently, they moved that the project of partition
be approved and forthwith implemented without probate of the
decedents will. Should the court grant the heirs motion and
accordingly approve their project of partition without probate of the
will?
In Guevarra v Guevarra 74 Phil. 749

The Supreme Court has held that the


probate of the will is MANDATORY.

S1 R74 Extrajudicial Settle cannot be had if


the decedent left a will.
Purpose of probate or allowance of wills.

Official Recognition

Registration

Carrying out its provision according to law


Does a will have the force and effect even if not probated?

Pascual v. CA, 409 SCRA 105 No. Until


admitted to probate, a will has no effect and no
right can be claimed thereunder.
Is a decree of probate conclusive as to its due execution?
Section 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.
Estate of Johnson, 39 Phil. 156 Allowance of the will precludes any interested
person from questioning the due execution of the will but not the intrinsic
validity of its testamentary provisions. Matters relating to intrinsic validity of a
will are governed by substantive law on inheritance and partition.

Pastor, Jr v.CA 122 SCRA 185 As a rule, the question of ownership is an


extraneous matter which the probate court cannot resolve with finality .
Due Execution refers to the following:

1. The will was executed in accordance with the strict


formalities of the law.
2. the testator was of sound and disposing mind at the
time of the execution of the will and he knows the
extent of his bounty.
3. Consent is not vitiated by any duress, fear or
threats.
4. No undue influence from any beneficiary.
5. The signature is genuine.
May a probate court pass upon the intrinsic validity of a will?

No., in a special proceeding for probate of a will, the issue by and


large is restricted to the extrinsic validity of the will, whether the
testator, being of sound mind, freely executed the will in
accordance with the formalities prescribed by law, as a rule, the
question of ownership is an extraneous matter which the probate
court cannot resolve with finality. Pastor Jr. v CA, 122 SCRA 185

A probate court is a court of limited jurisdiction, its function relates to


settlement of estate as to its allowance, administration, liquidation and
distribution of estate, but never on the rights to property arising from
contract. Pio Barreto Realty Dev.,Inc. v CA L-62431 131 SCRA 606
59. Apart from the case for the settlement of her parents' estate, Betty filed an
action against her sister, Sigma, for conveyance of title to a piece of land.
Betty claimed that Sigma forged the signatures of their late parents to make it
appear that they sold the land to her when they did not, thus prejudicing Bettys
legitime. Sigma moved to dismiss the action on the ground that the dispute
should be resolved in the estate proceedings. Is Sigma correct?

A.Yes, questions of collation should be resolved in the estate proceedings, not in


a separate civil case.
B. No, since questions of ownership of property cannot be resolved in the
estate proceedings.
C.Yes, in the sense that Betty needs to wait until the estate case has been
terminated.
D. No, the filing of the separate action is proper; but the estate proceeding must
be suspended meantime.
Doctrine of exclusionary Rule in probate Proceedings

Court first takes cognizance and jurisdiction over the


settlement of the estate of a deceased person, it shall
continue to exercise jurisdiction over the same to the
exclusion of other courts, the parties cannot divest
jurisdiction from the probate court by subsequent acts such
as entering into an extrajudicial partition or by filing another
petition for settlement of estate (ordinary action for
partition) in a proper court of concurrent jurisdiction.
Section 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, or to the executor named in the will.

Section 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 testate, or within twenty (20) days after
he knows that he 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.
Section 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 excused satisfactory to the court shall be
fined not exceeding two thousand pesos.

Section 5. Person retaining will may be committed. A person


having custody of a will 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.
Sergio Punzalan, Filipino, 50 years old, married, and residing at Ayala Alabang Village, Muntinlupa City , of
sound and disposing mind, executed a last will and testament in English, a language spoken and written
by him proficiently. He disposed of his estate consisting of a parcel of land in Makati City and cash
deposit at the City Bank in the , sum of P300 Million. He bequeathed P50 Million each to his 3 sons and
P150 Million to his wife. He devised apiece of land worth P100 Million to Susan, his favorite daughter-in-
Iaw. He named his best friend, Cancio Vidal, as executor of the will without bond

Is Cancio Vidal, after learning of Sergio's death, obliged to file with the proper court a petition for
probate of the latter's last will and testament? 2%

Supposing the original copy of the last will and testament was lost, can Cancio compel Susan to produce
a copy in her possession to be submitted to the probate court? 2%

Can the probate court appoint the widow as executor of the will? 2%

Can the widow and her children settle extrajudicially among themselves the estate of the deceased? 2%

Can the widow and her children initiate a separate petition for partition of the estate pending the
probate of the last will and testament by the proper court? 2%
May MANDAMUS LIE TO COMPEL THE PRODUCTION OF
THE ORIGINAL WILL?

R65 SEC. 3. Petition for mandamus.When any tribunal, corporation, board,


officer or person unlawfully neglects the performance of an act which the law
specifically enjoins as a duty resulting from an office, trust, or station, or unlawfully
excludes another from the use and enjoyment of a right or office to which
such other is entitled, and there is no other plain, speedy and adequate
remedy in the ordinary course of law,
There being a plain, speedy and adequate remedy in the ordinary
course of law for the production of the subject will, the remedy
of mandamus cannot be availed of.

G.R. No. 176831 January 15, 2010

UY KIAO ENG, Petitioner,


vs.
NIXON LEE, Respondent.
Simplified outline judicial proceedings for the settlement of
the estate of a deceased person.
1. Filling of the initiatory pleading (Petition for allowance of will and for letters
testamentary)
2. Notice of Hearing Publication 1x3 / notice to all known heirs, legatees, devisees and
executor.
3. Allowance /disallowance of will (probate proper)
4. Issuance of letters testamentary/or administration
5. Filing and approval of claims against estate. - R86 money claims filed against
the estate - R87 non-money claims filed against
exec-admin (in an ordinary action)
6. Payment of debts estate tax admin exp., all. For window and minor or incapacitated
children.
7. Determination of heirs and distribution of the remainder of the estate.
8. Closure proceedings terminated only after payment of all debts and delivery of
remaining estate to the heirs.
Juju a long time widower and a permanent resident of Marikina since birth, went to
the US for a vacation and stayed with his eldest son, he met an accident while
crossing the street, because he was so excited to buy ice cream (flavored bubble
gum) from an ice cream truck and died eventually due to head trauma, he was
survived by his 3 sons, 2 of them of legal age and has no legal disability, while the
youngest is just 17 years old, all three sons agreed to cremate the remains of their
father in the US and leave the ashes with the eldest sons residence in the US. The
decedent left a holographic will, with a gross estate of 400 thousand pesos, consist
of one (1) omega Sea Master Skyfall 007 wrist watch placed on a deposit box in
China bank, Binondo branch, Manila. Juju left the holographic will and in the
possession of his middle son and was assigned as the executor of his estate in the
will itself. All three sons talked and agreed to execute a public instrument
registered and filed with the register of deeds for the extrajudicial partition of the
estate. But the eldest son later disagree with the project of partition and filed an
ordinary civil action for partition.
1. What court has jurisdiction over the allowance of the will and
for letters testamentary? Explain briefly

2. Where is the venue? For the filing of the said petition? Explain
briefly

3. Can the heirs execute an affidavit of extrajudicial portion? Why


and why not? Explain briefly

4. Is the filing of an ordinary action for partition valid, if incase the


heirs disagrees with the extrajudicial Partition? Explain briefly

5. They consulted you as an expert in Special Proceedings what


will you advice them?
Who may petition for the allowance of will?
S1 R76

Any person who is interested in the estate.


Sumilang v. Romagosa, 21 SCRA 1369 (1967)

Can the TESTATOR himself petition the court for the


allowance of his will?
Can an heir initiate probate proceedings, when in
fact he has already repudiated or renounced his
hereditary rights?

Duran v Duran L-23372, 14 June 1967


Is the probate of a will subject to prescription?

No, statute of limitation is non applicable petition can be filed


at any time due to public policy

Guevara v. Guevara 98 Phil. 249


S2 R76 Contents of a petition for the
allowance of a will

1. Jurisdictional Facts
2. Names, ages and residence of the heirs, legatees and
devisees of the testator or decedent.
3. Probable value and character of the property of the
estate.
4. The name of the testator
5. Name of the will custodian, if the will is not yet
delivered to the probate court.
Will a defect in the petition render void the allowance of
the will?

No it will not even the issuance of letter


testamentary or letter s administration with
the will annexed. S2 R76
When the will is delivered to or a petition is filed for the
allowance of the will in the probate court, what then
shall the court do?

1. Court shall fix a time and place for proving the will .
2. Shall cause notice of such time and place to be published 3
weeks successively. (previous to the time appointed)
3. Publication in a newspaper of general circulation in the
province. S3 R76

Ante Mortem Probate No Publication is required S3 R76


Notice thru mail and personal service S4 R76
Heirs / devisees/ legatees/ executors must be notified either via
mail or personally

The court shall also cause copies of the notice of the time and
place fixed for proving the will via mail deposited in the post
office with the postage thereon prepaid at least (20) days prior the
date of hearing , if such residence of the said parties are known in
the Philippines , including executor/ co executor if not the
petitioner thereof.

Personal service must be received by the parties 10 days prior to


the date of hearing.
Ante Mortem Probate Notice shall be sent only to
compulsory heirs. S4 R76
Alaban, et al. v CA G. R. No. 156021 2005 Sept. 23
Facts: Respondent Provido filed a petition for probate of the will of Elevencionado, alleging he was the heir
and executor if the will of the decedent. RTC of Iloilo allowed the probate and issued letter testamentary.

Petitioners filed motion for the reopening of the probate proceedings, likewise, filed an opposition to the
allowance of the will as well as the issuance of letters testamentary to the respondent, claiming that they are
the intestate heirs of the decedent. They further claimed that the probate court did not acquire jurisdiction
over the petition due to non-payment of the correct docket fees, defective publication, and lack of notice to
the other heirs.

RTC issued an order denying petitioners 'motion for being unmeritous,

Issue: Whether or not petitioners have become parties to the probate proceedings by virtue of a notice by
publication.

Held: Besides, assuming arguendo that petitioners are entitled to be so notified, the purported infirmity is
cured by the publication of the notice. After all, personal notice upon the heirs is a matter of procedural
convenience and not a jurisdictional requisite.
Is mere publication of the notice enough to confer jurisdiction on the court?

De Aranz v. Galing 161 SCRA 628 1988

It is clear from the aforecited rule that notice of the time and place of the
hearing for the allowance of a will shall be forwarded to the designated or other
known heirs, legatees, and devisees residing in the Philippines at their places of
residence, if such places of residence be known. There is no question that the
residences of herein petitioners legatees and devisees were known to the
probate court. The petition for the allowance of the will itself indicated the
names and addresses of the legatees and devisees of the testator. But despite
such knowledge, the probate court did not cause copies of the notice to be sent
to petitioners. The requirement of the law for the allowance of the will was not
satisfied by mere publication of the notice of hearing for three (3) weeks in a
newspaper of general circulation in the province.
REQUIRED PROOF FOR THE ALLOWANCE OF A WILL

UNCONTESTED NOTARIAL WILL:

1. Subscribing witness only is sufficient to allow the will, testifying that the
will was executed as is required by law. (S5 R76)

2. If the witness does not reside in the province - the court may authorize
the taking of his deposition...

3. If the subscribing witness does not reside in the Philippines, or became


insane or dead, the court
will admit the testimony of other witnesses.
UNCONTESTED HOLOGRAPHIC WILL:

Testimony of one witness who knows the handwriting and


signature of the testator, absence of such an expert
testimony may be resorted to. (S5 R76)

ANTE MORTEM PROBATE sufficient evidence of the


genuineness and due execution thereof.
(S12 R76)
Contested Notarial will:

1. All the subscribing witnesses and the notary public. (Not insane or dead- if in case dead
or insane, incapacity or absence must be prove in court.)

2. Outside the province of the court but inside the Philippines take deposition

3. If any or all of them testify against the due execution of the will or do not remember
attesting as such, the will may nevertheless be allowed if satisfactory established as to
the due execution of the will by other witnesses attesting the compliance of the will as
required by law. (S11 R76)

Contested Holographic Will:

1. Three witnesses is required to attest the authenticity of the signature and handwriting of
the testator, in its absence, expert testimony may be resorted to. (S11 R76)
The oppositor was against the allowance of the
holographic will on the ground of undue influence, no
intention to make a will. The proponent presented one
witness who testified that he knew the hand writing and
signature of the testrarix. Is this sufficient evidence for the
allowance of the will?

In Azaola v. Singson, 109 Phil. 102 SC said yes, to contest the


holographic will is to challenge the authenticity thereof. Here
since the challenge was based on undue influence and lack of
testamentary intent, but did not otherwise attack the wills
authenticity, the testimony of one competent witness was
sufficient.
In the probate of a holographic will, the oppositors alleged that the
holographic will was a forgery. The proponent presented two
witnesses who knew the testratrixs handwriting and signature and who
explicitly declared that the handwriting and signature were of the
testrarixs. Is this sufficient evidence for the allowance of the
holographic will?

No, the will is contested on the grounds of authenticity


of the decedents handwriting and signature, therefore
under the law 3 competent witnesses required, two is
not enough; the proponent should have resorted to
expert testimony. Codoy v. Calugay, 312 SCRA 333
Proof in case of lost will:

Notarial will:

1. Execution and validity of the will

2. Existence of the will at the time of the testators death, or


that the same was fraudulently or accidentally destroyed
during the testators lifetime without his knowledge.

Secondary evidence: two credible witnesses by which the


provision of the will are clearly and distinctly proved /photo
copy of the will is admissible.
Holographic will

Same foundational evidence as notarial will

Secondary evidence:

Photo copy is admissible but not testimonial evidence-


great risk of fraud and manipulation or mistake in the
provisions of the will.
Grounds for disallowance of the will:

If not executed and attested as required bylaw formalities

The testator is insane, mentally incapable at the time of the


execution

Executed under duress, fear, threats, undue influence

If the signature was procured by fraud / mistake on the part


of the testator
During the probate proper of a will, may the probate
court pass upon questions of whether a testamentary
disposition is void?

Ans. No, during the probate proper (extrinsic validity is


being accessed, the court can pass upon only if the will
complied with the formalities prescribed by law and whether
the testator had testamentary capacity. The intrinsic validity
of the will shall be passed upon by the probate court during
the stage for the determination of heirs and distribution of
the estate. Pastor v CA G.R. No. 56340, 24 June 1983
Is there an exception? Deciding upon questions of intrinsic
validity during the probate proper?

1. When the defect is so apparent on its face and the probate of


the will would become an exercise in futility. Example: the testator
instituted the petitioner as universal heir and completely preterited
her surviving compulsory heirs. Nuguid v. Nuguid 17 SCRA 449

2. Where the parties agree that the intrinsic validity be first be


determined. ( Nepomuceno v. Court of Appeals, 139 SCRA 206)
Maria, to spite her husband Jorge, whom she suspected was
having an affair with another woman, executed a will,
unknown to him, bequeathing all the properties she inherited
from her parents, to her sister Miguela. Upon her death, the
will was presented for probate. Jorge opposed probate of the
will on the ground that the will was executed by his wife
without his knowledge, much less consent, and that it
deprived him of his legitime. After all, he had given her no
cause for disinheritance, added Jorge in his opposition. How will you
rule on Jorges opposition to the probate of Maria's will, if you were
the judge? (93 civil bar Q7)
H died leaving a last will and testament wherein it is stated
that he was legally married to W by whom he had two
legitimate children A and B. H devised to his said forced
heirs the entire estate except the free portion which he gave
to X who was living with him at the time of his death.
In said will he explained that he had been estranged from his
wife W for more than 20 years and he has been living with X
as man and wife since his separation from his legitimate
family.
In the probate proceedings, X asked for the issuance of
letters testamentary in accordance with the will wherein she is
named sole executor. This was opposed by W and her
children.
(a) Should the will be admitted in said probate proceedings?
(b) Is the said devise to X valid?
(c) Was it proper for the trial court to consider the intrinsic
validity of the provisions of said will? Explain your answers,
R 77 Allowance of the will proved outside of the Philippines and
administration of estate thereunder.

Wills executed in a foreign country under the laws of the said


country be probated in our country?

Yes, under Sec 1 Rule 77 it can be filed in the proper court


( RTC has jurisdiction regardless of the value of the gross
estate) venue?
Wills prove and allowed in a foreign country under the laws of the
said country be sufficient for the distribution of the testators
properties located in the Philippines?
No, it should be reprobated here in our courts, filing of the authenticated
copy of the will and the decree of allowance, fixing of the time and place for
the hearing, in the reprobate the proponent will prove: jurisdictional
requirements, if the PH court will allow the will it shall be filed and recorded
by the clerk and the effect is that , it is as if originally proved and allowed in
PH court. The court shall grant letters testamentary, or letters of
administration with the will annexed. Such estate after payments of all debts
and expenses shall be accordingly disposed and if there are residue be
remitted to the domiciliary jurisdiction.
Can our courts take judicial notice of the foreign laws applied in
the probate and allowance of the will?

No, our courts are not authorized to take judicial notice of


foreign laws, the executor, administrator and or the ancillary
administrator is duty bound to introduce in evidence the
pertinent foreign law in the reprobate of the foreign will.
Ancheta v. Guersey-Dalaygon G.R. No. 139868, June 8, 2006
What is the principle of Presumed Identity
Approach or
Processual Presumption?
Can an Alien or a Filipino Citizen in a foreign country
Execute a will observing the law of the state where it
was executed?
Article 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 good customs shall not be rendered
ineffective by laws or judgments promulgated, or by determinations or conventions
agreed upon in a foreign country.
Art. 815. When a Filipino is in a foreign country, he is authorized to make a will in any of
the forms established by the law of the country in which he may be. Such will may be
probated in the Philippines. (n)

Art. 816. 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. (n)

Art. 817. A will made in the Philippines by a citizen or subject of another country, which is
executed in accordance with the law of the country of which he is a citizen or subject, and
which might be proved and allowed by the law of his own country, shall have the same
effect as if executed according to the laws of the Philippines. (n)
Article 16. Real property as well as personal property is subject
to the law of the country where it is situated.

However, intestate and testamentary successions, both with


respect to the order of succession and to the amount of
successional rights and to the intrinsic validity of testamentary
provisions, shall be regulated by the national law of the person
whose succession is under consideration, whatever may be the
nature of the property and regardless of the country wherein
said property may be found.
Art. 818. Two or more persons cannot make a will jointly, or in the same
instrument, either for their reciprocal benefit or for the benefit of a third
person.

Art. 819. Wills, prohibited by the preceding article, executed by Filipinos


in a foreign country shall not be valid in the Philippines, even though
authorized by the laws of the country where they may have been
executed.
What is Forum non convenience?
Johnny, a naturalized citizen of the United States of America (USA) but formerly a
Filipino citizen, executed a notarial will in accordance with the laws of the State of
California, USA. Johnny, at the time of his death, was survived by his niece Anastacia, an
American citizen residing at the condominium unit of Johnny located at Fort Bonifacio,
Taguig City; a younger brother, Bartolome, who manages Johnnys fish pond in Lingayen,
Pangasinan; and a younger sister, Christina, who manages Johnnys rental

condominium units in Makati City. Johnnys entire estate which he inherited from his
parents is valued at P200 million. Johnny appointed Anastacia as executrix of his will.
(4%)

(A) Can Johnnys notarial will be probated before the proper court in the Philippines?

(B) Is Anastacia qualified to be the executrix of Johnnys notarial will?


Rule 78 Letters testamentary and of administration,
when and to whom issued
Executor / co-executor / administrator / co-administrator

Disqualification under the rules:

1. Minor

2. Not a resident of the Philippines

3. 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 conviction of a
crime involving moral turpitude.
Difference between an executor / co executor / administrator?

X died leaving a holographic will , stating further that Y will


execute the provisions of his will,
Y died living a notarial will, in his notarial will one provision
is that W will assume his duties as the testator of X estate?

Can W assume the responsibilities and authority given by the


court as executor of X estate under his holographic will?
X died leaving a will assigned T,U,V,W as co-executors of the estate, T
was convicted upon final judgement of a crime involving moral
turpitude, U is 17 years of age, the court issued letters testamentary
to V and W.

Is the Court correct in its decision?

Meanwhile T and U file a motion to the probate court, that finding


them unqualified, to issue letters of administration and assign
administrator replacing them as co-executors of X estate with V and
W?

If you were the judge, what will be your resolution to the motion?
Section 6 order of preference of administrator

1. Surviving Husband or wife, or the next of kin or upon its request by


their selection in the discretion of the court.

2. If the said persons in #1 fails to apply for administration or 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.

3. If no creditor willing and competent to serve, the court will grant it to


some other persons.
What is the rationale of the rule on order of preference?

Is the rule absolute?

Why in some cases the court assign a co- administrator?

What is the scope or limit of administration?


Mayor of section b please email this to the mayor of section a tnx a lot

Credits of the slides will follows at the end of the semester.


R 79 Opposing issuance of letters testamentary, Petition and
contest for letters of Administration

Who may oppose the issuance of letters testamentary and how


does one oppose?

May the oppositor at the same time file a petition for letters
of administration with the will annexed?
Who my file a petition for letters of administration and what are
the contents?

Any interested person:

1. Jurisdictional facts
2. Names, age and residences of the heirs and creditors
3. Probable value of the estate and the character of the properties
4. The name of person for whom letters of administration are
prayed for
X died leaving an holographic will stating therein W as the
executor of the will, Y is the compulsory heir H who is one of
the devisee in the will of X being probated, Y knowing W as a
drunkard and has been convicted of a crime involving moral
turpitude.

Can Y file a written opposition to disqualify W as the executor of


the will and simultaneously file a petition for the issuance of
letter of administration with the will annexed and further praying
that he will be the one that the petition be granted such letter of
administration, and be the administrator of the estate of X?
Will a defect in the petition render void the issuance of
letters of administration?

What shall the court do upon receipt of a petition in


opposition of the issuance of letter testamentary and as well
as a simultaneous petition for the issuance of letters of
administration with the will annexed?

Note: non-appearance upon proper notice of those who are


qualified to be administrator(order of preference) will lose
such right of administration to such applicant.
XVIII

Domenico and Gen lived without benefit of marriage for twenty years,
during which time they purchased properties together. After
Domenico died without a will, Gen filed a petition for letters of
administration. Domenico's siblings opposed the same on the ground
that Gen has no legal personality. Decide. (4%)

Ans. Opposition denied: SC San Luis v San Luis GR No. 133743,


February 6, 2007 She is a person in interest, they cohabited as common
law spouses, under the law everything produced in that cohabitation are
co-owned by joint effort pursuant to Art. 147 & 148 FCP and such co-
ownership qualify her as a person in interest under the purview of R 79
S2
Rule 80 SPECIAL ADMINISTRATOR

May the court appoint a Special Administrator?


On what grounds?

1. If there is delay in the granting of letters testamentary or of


administration.

2. If there is an appeal from the allowance or disallowance of the will.

3. If there is a claim against the estate by the executor or administrator, a


special administrator will be appointed by the court for the adjustment
of the said claims.
If there is a pending appeal from the appointment of a regular
administrator, may the court appoint a special administrator?

No, Relucio v. San Jose 81 Phil. 365 the administrator appointee should be the
administrator pending appeal.
What are the duties and powers of a special administrator, and his limitations?

1. Take charge and take possession of the estate, preserve the same for the
executor or administrator upon appointment, he can commence and
maintain suits for this purpose.

2. He may sell perishable and other property as the court order sold, He is
not liable to pay any debts of the deceased unless so ordered by the court.
(S2 R80)
When do the powers of the special administrator cease?

May the executor or administrator prosecute to final judgment


suits which had been commenced by the special administrator?

May the court appoint a special administrator prior to the


publication of the notice of hearing on the petition for
settlement of the estate?
The probate court appointed a special administrator, one of the
heirs appealed the appointment of the said special administrator
to the CA, on the grounds that the RTC (acting as probate
court) did not observed the order of preference prescribed by
the rules which states that it should designate an heir rather
than a remote third person as a special administrator? The CA
held that the appointment of a special administrator is an
interlocutory order and not subject to appeal nor subject to
certiorari. Is the decision of the CA correct?
(S1 e R 109 However it is subject to rule 65 Subject to certiorari
if it can be shown that there is grave abuse of discretion
tantamount to lack or in excess of jurisdiction.
When may the court appoint a Co- administrator?

1. To have all interest properly represented.

2. If there are opposing parties or factions be represented in the


administration and management of the estate.

3. When the estate is so large and intricate that a co-administrator


become necessary to properly settle the estate.
Question no. 1 2012 bar remedial law

In settlement proceedings, appeal may be taken from an:

a. order appointing a special administrator;


b. order appointing an administrator;
c. order of an administrator to recover property of the estate;
d. order to include or exclude property from the estate.
Rule 81 Bonds of Executors and Administrators

Bond is mandatory before an executor or an administrator and if


a special administrator is appointed, enters the execution of his
trust and must be given before letters testamentary or of
administration shall issue.

The bond is intended as an indemnity to creditors, the heirs and the


estate, for any breach of duty that may be done, the liability may be
enforced by motion in the settlement proceedings or in a separate civil
action.
The bond is conditioned on the following:
(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 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.
Is the probates determination of the properties included
and excluded from the inventory final?

No, (Reyes v Mosqueda, 187 SCRA 661) the probate court has
no jurisdiction for the final determination of ownership or title
of the pieces of properties of the estate, it is only a preliminary
and provisional in nature to include or exclude it to the
inventory of the properties of the estate.
Does the executor or the administrator needs prior leave of
court in exercising acts of administration?

No in acts of administration like collection of credits,


payment of debts and other acts of administration like
leasing the property, but not exceeding 1 year lease, filing
and maintaining suit.

All acts of domination with prior leave of court.


Can executor/administrator has authority to borrow
money without leave of court even for the benefit of
the estate?

Can he also appoint himself as agent to sell estate


properties?
In an action or motion to enforce liability under the bond, may the
surety raise the defense that the bond was not renewed or that the
premiums thereon have not been paid?

Luzon Surety Co. v. Quebral 127 SCRA 295

No, liability of the surety under the bond is continuing as long as the
executor / administrator is engaged in such duties.

In the insurance code S. 177 suretyship is binding notwithstanding non-


payment of premium where the obligee has accepted the the bond.
RULE 82 Revocation of administration, death, resignation and
removal of executors and administrators

What is the effect on a pending intestate proceeding specially when


letters administration is granted, and subsequently a will is
discovered and allowed?

S 1 R 82 (remember the will is allowed and proved)


Would the discovery of the will IPSO FACTO nullify
the letters of administration already issued?

Advincula v. Teodoro 99 Phil. 413

What should the court do if, in the course of the instate


proceedings, a will is found and it is submitted
For probate? Explain? 2002 bar
May the court remove an executor / administrator?

On what grounds?

Can he or she resign?


Is the subsequent discovery that the duly appointed administrator was
indebted to the decedent a ground for his removal?

Dalisay v. Consolacion L-44702, 30 July 1979

May a co-administrator be removed on the ground of


conflict with his co-administrator?

Gonzalez v. Aguinaldo 190 SCRA 112


Is the temporary residence outside the country, a
ground for removal of an executor or administrator?

An executor claimed as his own certain shares in the


deceaseds name in a gas company on the ground that the
deceased was merely his dummy. May the executor be
properly removed?

Borromeo v Borromeo 97 Phil. 549


What is the effect of the revocation of the letters
testamentary, of the resignation or removal of the executor
or administrator upon his previous lawful acts?

S3 R82 Lawful acts before termination or resignation


Shall remain valid

Is the order of removal of an executor or


administrator, appealable ?
Yes, not an interlocutory order Borromeo v Borromeo 97 PHIL. 549
Rule 83 Inventory and Appraisal, provision for support of Family.

Excluded in the inventory, not part of the estates asset for


administration.

Clothes of the surviving spouse and the minor children.

Marriage bed and beddings

Provision for subsistence of the family under the courts discretion.


During the settlement of the estate, is there an allowance
for the deceaseds family?

Yes, for the widow and minor children, not excluding legal age children for their education.
Grandchildren excluded. (S3 Rule 83)
Is the three months period given for the executor or administrator to make a
return and submit a true inventory and appraisal of all the real and personal
estate of the deceased which has come to his knowledge and possession
MANDATORY?

Sebial v. Sebial, et. Al., GR No. L-23419, 64 SCRA 385, 391


Rule 84 General powers and duties of executors and
administrator.

G. R. Powers of administration no prior leave of court/


powers of dominion there must be prior leave of court.

Cannot exercise the right of legal redemption over a portion of the


property owned in common. Caro v CA 113 SCRA 10

Cannot lease the property included in the estate more than 1 year.

Special administrator all with prior leave of court, when dealing with the estate.
General Powers:

1. Access, examine, take books of account relating to partnership


business.

2. Examine and make invoices of property belonging to partnership

3. Maintenance and preservation of the estate

4. Right of possession and management for the purposes payments of


debts and expenses of administration
Rule 85 Accountability and compensation of executors and
administrators
No fault no liability in case of destruction or loss by decrease of the value of the estate.

Will not profit if there is an appraisal of value of the estate.

If he settled any claims against the estate less than what is demanded, actual payment must be charge to
the estate only.

No fault - debts uncollected due to the estate not chargeable to the admin or exec

Necessary expenses allowed to be charge to the estate (preservation and productivity of the estate)

Daily service fee of P4 pesos/ day

Upon the discretion of the court the admin/exec can be given additional compensation based on its
performance of increasing the value of the estate.

If the admin/exec is a lawyer, he cannot charge legal fees for legal services rendered.
A Counsel for H, filed a petition for the allowance of the will and
letters testamentary with the will annexed of the testator D, and
assailed H rights as sole heir against oppositions of other claimants
up to the SC, the RTC, CA and SC sustains the decision declaring H
as sole heir, in the RTC, Counsel A filed a motion imposing a charging
lien on any award of the court for his services as counsel of H,
likewise, during the probate A was appointed administrator of the
estate. Now H contested that A cannot charge his legal services,
wherein he is the administrator of the estate appointed by the court,
under rule 85 Section 7. Is H correct in his contention?

Bermudo V. Tayag-Roxas, 2 Feb. 2011


RULE 86 CLAIMS AGAINST THE ESTATE
Two kinds of claims:

1. Money claims

arising from contract or quasi contract express or implied (due/not


due/ contingent) / funeral expenses/ last sickness/ judgement for money against
decedent. ( subject to statute of non-claims)

2. Non-money claims right ( usufruct/ easement etc.) usually litigious in


nature, impractical to be settled in the probate proceedings, - better in a
separate action.
Art. 774-776 Civil code:

Rights and obligations (money or non-money) of a person which are not


extinguished by DEATH, are transmitted to his heirs by operation of law or by will.

What are obligations that survives death?

Claim for civil liability survives notwithstanding the death of [the] accused, if the
same may also be predicated on a source of obligation other than delict.

Such as based on law, contracts, quasi-contract, quasi-delict


Section 3.When civil action may proceeded independently. In the cases provided for in Articles 32, 33, 34 and 2176 of the
Civil Code of the Philippines, the independent civil action may be brought by the offended party. It shall proceed
independently of the criminal action and shall require only a preponderance of evidence. In no case, however, may the
offended party recover damages twice for the same act or omission charged in the criminal action. (3a)

Section 4.Effect of death on civil actions. The death of the accused after arraignment and during the pendency of the
criminal action shall extinguish the civil liability arising from the delict. However, the independent civil action instituted under
section 3 of this Rule or which thereafter is instituted to enforce liability arising from other sources of obligation may be
continued against the estate or legal representative of the accused after proper substitution or against said estate, as the
case may be. The heirs of the accused may be substituted for the deceased without requiring the appointment of an
executor or administrator and the court may appoint a guardian ad litem for the minor heirs.

The court shall forthwith order said legal representative or representatives to appear and be substituted within a period of
thirty (30) days from notice.

A final judgment entered in favor of the offended party shall be enforced in the manner especially provided in these rules for
prosecuting claims against the estate of the deceased.

If the accused dies before arraignment, the case shall be dismissed without prejudice to any civil action the offended
party may file against the estate of the deceased.
Take note: Aguas v. Llemios, 5 SCRA 959

Money claims under Rule 86 does not include claims for


money which are founded on tort or crime, this must be
filed against the executor or administrator or against the
heirs. MONEY CLAIMS UNDER RULE 86 IS BASED ON
CONTRACT OR QUISI CONTRACT. ( CLAIMS
AGAINST THE ESTATE)
What is the period within which to file money claims?

Section 2. Time within which claims shall be filed. In the notice provided
in the preceding section, the court shall estate the time for the filing of
claims against the estate, which shall not be more than twelve (12) not less
than six (6) months after the date of the first publication of the notice.
However, at any time before an order of distribution is entered, on
application of a creditor who has failed to file his claim within the previously
limited, the court may, for cause shown and on such terms as are equitable,
allow such claim to be filed within a time not exceeding one (1) month.

Note: substitution of the exec/admin in an action based on contract/quasi


contract is akin to a notice of claim filed with the probate court.
Taxation:

Deduction from estate tax:

1. Funeral expenses

2. Medical expenses (last sickness)


(1) Actual funeral expenses (whether paid or unpaid) up to the time
of interment, or an amount equal to five percent (5%) of the gross estate,
whichever is lower, but in no case to exceed P200,000.
Any amount of funeral expenses in excess of the P200,000 threshold,
whether
the same had actually been paid or still payable, shall not be allowed as a
deduction
under this Subsection. Neither shall the unpaid portion of the funeral
expenses incurred
which is in excess of the P200,000 threshold be allowed to be claimed as a
deduction
under claims against the estate provided under Subsection (C) hereof.
The term "FUNERAL EXPENSES" is not confined to its ordinary or usual
meaning. They include:
(a) The mourning apparel of the surviving spouse and unmarried
minor children of the deceased bought and used on the occasion of
the burial;
(b) Expenses for the deceaseds wake, including food and drinks;
(c) Publication charges for death notices;
(d) Telecommunication expenses incurred in informing relatives of the
deceased;
(e) Cost of burial plot, tombstones, monument or mausoleum but not
their upkeep. In case the deceased owns a family estate or several
burial lots, only the value corresponding to the plot where he is
buried is deductible;
(f) Interment and/or cremation fees and charges; and
(g) All other expenses incurred for the performance of the rites and
ceremonies incident to interment.
Expenses incurred after the interment, such as for prayers, masses, entertainment,
or the like are not deductible. Any portion of the funeral and burial expenses borne or
defrayed by relatives and friends of the deceased are not deductible.
(F) Medical expenses. - All medical expenses (cost of medicines, hospital bills,
doctors fees, etc.) incurred (whether paid or unpaid) within one (1) year before the
death of the decedent shall be allowed as a deduction provided that the same are duly11
substantiated with official receipts for services rendered by the decedents attending
physicians, invoices, statements of account duly certified by the hospital, and such other
documents in support thereof and provided, further, that the total amount thereof,
whether paid or unpaid, does not exceed Five Hundred Thousand Pesos (P500,000).
Any amount of medical expenses incurred within one year from death in excess
of Five Hundred Thousand Pesos (P500,000) shall no longer be allowed as a deduction
under this subsection. Neither can any unpaid amount thereof in excess of the P500,000
threshold nor any unpaid amount for medical expenses incurred prior to the one-year
period from date of death be allowed to be deducted from the gross estate as claim
against the estate.
What is contingent claim?

The validity and enforceability of the claim against the estate is


dependent upon an uncertain event. Can be develop or will not
exist in the future.

Judgement award based on contract or quasi contract on appeal

Deficiency judgment

Must be filed as claims against the estate within the period to


file the claim against the estate.
If a party has an action for 3rd party complaint for CISO
(contribution, indemnity, subrogation and other relief) and the
3rd or 4th party is dead already, cannot institute or file a 3rd or
4th party complaint under rule 6 section 11 but a claim against
the estate under rule 86 of the deceased party which the
defendant seek for CISO.
What are the three distinct remedies available to a mortgage creditor
upon the death of the
Mortgagor?

1. Waive the security mortgage and claim the entire debt from the
estate as an ordinary money claim against the estate.

2. Judicial foreclosure and prove any deficiency as an ordinary claim. (


against the executor or administrator as party defendant, if any
deficiency in the judgment, file a claim against the estate based on
judgment.

3. Extra-judicial foreclosure, no right to claim deficiency from the


estate.
Sec. 10 Rule 86

Within 15 days after service of copy of claim by creditors,


executor or administrator shall file an answer, admitting or
denying the claim, if the decedent has a claim against the
claimant before his death will apply proper setoff, if he will
not set it off shall bar the claim of the decedent forever.
Judgment of the probate court approving or disapproving the
claim appealable?

Union bank v. Santibanes and Ariola 2005

Doctrine: Filing of a money claim against the estate in a


probate court Mandatory

festin
P died while riding in the bus operated by D. D subsequently died
and a petition for the settlement of his estate was filed in court.
After granting letters of administration, the probate court issued a
notice requiring all persons having money claims against the
decedent to file them in court within 6 months from the first
publication. The 6-month period expired. Later the heirs of P
brought a suit against the heirs of D for damages arising from death
of P.

1)May the action be dismissed? Why?

2) If you were the counsel for P, what is your remedy, if the


distribution of the estate had not yet take effect?
Answer:YES THE ACTION MUST BE DISMISSED 2 points
Based on De Bautista v. De Guzman 25 Nov. 1983

2 considerations:

1) Is the Action proper? The heirs of P brought a suit against the heirs of D for damages arising from
the death of P is improper, It should have been filed as a money claim in the probate proceedings
pursuant to S5 R86. as claims against the estate, which is MANDATORY in nature, and thus subject to
statute of Non claims.

2) Is the action to file a claim against the estate barred by the statute of non-claims?

The question posed a seemingly error in wording, THE QUESTION WAS LIFTED IN TOTO, the word
within 6 months must be after six month from the first publication of notice, and after wards, the next
six months period expired. thus, the filing of a claim against the estate based on culpa contractual is barred
forever.

TAKE NOTE: FOR QUESTION 1 = 2 POINTS (DUE TO ERROR IN WORDING BONUS IS


ACCORDED 1 POINT) (Mayor please advice the class properly to correct the inadvertent error)
Pambusco filed a complaint for sum of money against D. During the pendency
of the case, D died, Intestate proceedings for the settlement of D.s estate
commenced and notice to the estates creditors was given for them to file their
claim within 6 months from the first publication of the notice. A month after
the notice was given, on Pambuscos motion, the administrator of Ds estate
was substituted for D in the civil case for collection. The court rendered
judgment in favor of Pambusco and D appealed. Pambusco filed a contingent
claim covering the judgment award with the probate court. At the time of the
filing of the contingent claim, the 6 months period for creditors to file their
claim had expired. In due course the judgment in favor of Pambusco was
affirmed on appeal and became final and thus Pambusco moved that the estate
be ordered to pay Pambusco. The administrator apposed the motion on the
ground that the claim is time barred since the contingent claim was filed
beyond the state of non- claims. Is the claim of Pambusco time-barred?
Answer: 2 points

Based on Ignacio v. Pampanga Bus co., G. R. no. L-18936, 23 May 1967

No, where the deceased was substituted by the administrator in the civil
action involving money claim, the estate is deemed have notice of such claim.
The substitution of the deceased in the civil action by the administrator is
generally considered as equivalent to the presentation of the claim with the
probate court. Under the circumstances, the filing of the contingent claim ad
abundantiorem cautelam (for greater caution) was a mere formality.
A filed a complaint against Y with the RTC of Cebu, for payment of a promissory note in the sum of
550K, for liquidated damages of 100K and attorneys fee of P50k after he filed his answer Y died, but
his lawyer did not file a motion to dismiss. In the meantime, Ys widow filed with the above court a
special proceeding for the settlement of the intestate testate of Y. The widow, Z was appointed
Administratrix of the estate. A filed in the civil case a motion to have Y substituted by the
administratrix; the latter did not object. The court granted the motion. Trial on the merits was had. In
due course, the court rendered a decision in favor of A. At the time it was rendered, the period to file
claims against the estate of Y had already lapsed. The administratrix, Z did not appeal from the
decision; and after it became final, A moved for the execution of the judgement. Z opposed the
motion contending that the decision is void because the claim does not survive. The case should have
been dismissed upon the death of Y since upon his death, the court lost jurisdiction over the case.

1. Rule on the issue

2. If the opposition is without merit, can the writ of execution be validly enforced?

3. If it cannot be issued, what is the remedy of A?


Answers: 6 point

1. The case should not be dismissed upon the death of Y. Under the rules of civil
procedure, upon the death of the defendant in a contractual money claim before entry of
judgment, the case shall not be dismissed but shall be allowed to continue until final
judgment. (S20 Rule 3)

2. The writ of execution cannot be validly enforced. Under rule 86 , a judgment for money
claim should be filed as a money claim with the probate court. The SC has held that
money claims cannot be enforced by a writ of execution but should be instead filed as a
money claim.

3. The remedy of A is to file the judgment for money, as a money claim with the probate
court. The substitution of the deceased in the civil action by the administrator or
decedents representative is generally considered as equivalent to the presentation of the
claim the with probate court. Hence the claim is not barred by the statute of non-
claims. (Ignacio v. Pambusco GR L-18936 1967
Periods of filing of money claims against the estate

After completion of the first publication of the notice to all persons having money
claims.

Shall file with clerk of court

After six month from the date of the first publication has completed

But not exceeding 12 months from the completion of the first publication

You have 6 months window period to file your claims vs the estate

There after the statute of non claims applies

1st pub6months (No Applications) After six months there after (period of
filing)
after 12 months from first pub. Statute of non-claims sets in
Remedies vs statute of non-claims

1. Tardy claims:

Available anytime before an order of distribution is entered.

The claimant will file a motion Motion to file tardy claim against the
estate

The motion if approved ( based on good cause & equity claimant has
30 days to file such claim.

2. Set your claim as counter claim, if executor or administrator brings


an action against you.
Questions:

Can non payment of docket fee a ground for the dismissal of the claim?

No, the probate court acquired jurisdiction when it recognized the


filing of the settlement of estate. The court shall just direct the
payment of docket fees on reasonable time set by the court.

Can the court dismiss the claim if there was no certification against
forum shopping?

No, it is not an initiatory pleading, claims are incidental matter


arising from the progress of the case, they are not new litigants.

Shakers vs estate of shakers dec. 2007


Three options available to the mortgagee-creditor IF the mortgagor dies

Abandon the security and file a money claim against the estate Under
rule 86

Foreclosure of security under a lien


> file it against the executor / administrator ( it is not a money claim- it is a suit
to enforce a lien)
> If deficient / file the deficiency as a money claim under rule 86 against the estate
> If you expect a deficiency file the deficiency claim as a contingent claim

Rely solely on the mortgage and foreclose it within prescriptive period (10 years
from accrual of the right of action) vs. the exec. Or admn if the estate were
already distributed vs. the heirs.
X borrowed P2M from a bank secured by a real estate mortgage.
X defaulted in the payment of the loan and subsequently died. In
due course proceedings for the settlement of Xs estate were
commenced. The court issued notice to creditors to file claims
under rule 86 of the rules of courts.

Your action as counsel for the bank: if


1. The real estate mortgaged has appraised in value more than 10 times, because a mall
was constructed beside the said land.

2. The land serving as security became inundated due to change in the flow of the river.

3. The land if sold in public auction will not cover the amount of balance of the loan due to the bank.
Rule 87 Actions by and against executors and administrators

Actions may be brought vs the executor or administrator?

1. Recovery of real or personal property from the estate.

2. Action to enforce a lien on real or personal property.

3. Actions to recover damages for an injury to person or property.


Who has the standing to sue for the recovery or protection of the
property or rights of the deceased?

Executor/ Administrator

When can the heirs sue in lieu of the executor / administrator?

1. If the exec/admin. Refuses to bring suit.

2. When the exec/amin is alleged to have participated in the act


complained of and made party defendant.

3. When letters testamentary or administration have not yet been


issued. ( Rioferio v CA Jan. 2004)
Rule 88 Payment of the debts of the estate

Order of payment of debts and expenses:

1. Part of the estate designated in the will

2. Personal properties

3. Real Properties.

Can be sold / mortgage by the exec./amin with courts authority

Any deficiency shall be met by pro rata contribution from the devisees,
legatees or heirs who have entered into possession.
How to enforced the pro-rata contributions of devisees, legatees and or heirs who have entered into
possession of the said properties, prior to payments of debts of the estate?

By writ of execution rule 88 s6

Contingent claims became absolute must be filed within 2 years, which is the
time limited to creditors to present their claims, shall be paid accordingly. The
exec./amin/ may retain part of the estate expecting contingency claims to
become absolute. If after two years, it must be distributed to the distributes,
and there after can proceeds against them, if the contingent claims was
seasonably filed.
Rule 89 Sales, Mortgage and other encumbrances of
property of decedent

The executor/administrator can sell part of whole of the estate (real or


personal)

As long as beneficial to the distributees

With prior leave of court / with written notice to the distributees

But will not be allowed by the court if contrary to the stipulations of the will.
Rule 90 Distribution and partition of the estate.
The community of property or conjugal partnership must be first
liquidated marriage is dissolved by death.

Where? in the settlement of the estate of the deceased spouse.

Liquidation process Inventory Payment of debts of the ACP


or CPG delivery of exclusive properties of the spouses
dividing the net remainder equally between them.

The surviving spouse gets half of the remainder / half will be


subjected to the settlement of estate of the deceased spouse,
where the surviving spouse is entitled of her or his spare thereto.
No will No debts: The surviving spouse can extrajudicially (R-74) or
judicially (Action for partition R69) liquidate the ACP or CPG
within 1 year from the death of the deceased spouse. (Art. 103/130
FC) - as long as no Will / No debts

If there is a will or debts no choice but to file settlement of


estate and the liquidation of the ACP or CPG will be liquidated
accordingly in the same proceedings.
When may the court issue an order of distribution?
Only after the payments of debts, estate taxes, administrative
expenses, funeral charges, and the allowance to the widow and
children have been paid. S1 R90)
What does the order of distribution provide?

The order will assign the residue of the estate to the persons
entitled to the same, naming them and the proportion or parts
to which each is entitled. (S1 R90)

Such naming of heirs is equivalent to declaration of heirs by the


court. Separate action for declaration of heirs is not proper.
The issue of heirship will be determined after the issue of distribution is settled (if
there are still residual properties if the estate.?

Exception: when preference in the appointment of administrator-


must be settled, based on the rules.

IF THERE BE A CONTROVERSY LAWFUL HEIRS OR ISSUES


IN THE ENTITLEMENT SHARES IT MUST BE SETTLED AND
DECIDED as in ORDINARY CASES ( S1 R90)
Maria and Mario Filipino citizens got married and produced 3 children.

Maria got a divorce decree in the US

Mario re-married to Lucia

Mario died, in the probate court there was a dispute to the question
of citizenship of Maria when she obtained the divorce decree.

What court should settle the dispute of status of lawful of heirship?


IF THERE BE A CONTROVERSY LAWFUL HEIRS OR
ISSUES IN THE ENTITLEMENT SHARES IT MUST BE SETTLED
AND DECIDED as in ORDINARY CASES ( S1 R90)

The trial court will conduct a hearing to ascertain the truth if


the matters in issue with the aid of documentary and
testimonial evidence as well as the arguments of the parties
either supporting or opposing the evidence.
X files a civil action for annulment of title, against W, W interposed
that it is an advance inheritance from the decedent. The trial court
declared indeed that the question deed of sale can be regarded as
an advance inheritance. Is the findings and decision of the trial
court binding and with legal effect?

S2 R90
In a civil action for reconveyance, wherein the plaintiff contended
that he is the rightful heir and thus must take ownership and
possession of the said property.

The trial court decided that, the plaintiff is the heir of the decedent
and the possessor has no right holding the property.

Is the judgment correct?

No, The court has consistently ruled that the trial court cannot make a declaration
of heirship in the civil action for the reason that such a declaration can only be
made in a special proceeding. ( Gabagtan v CA 13 march 2009
Sec. 2. Questions as to advancement to be determined. -
Questions as to advancement made, or alleged to have been
made, by the deceased to any heir may be heard and determined
by the court having jurisdiction of the estate proceedings; and the
final order of the court thereon shall be binding on the person
raising the questions and on the heir.
Project partition:

Heirs by agreement- submit a project of partition to the probate court

The court can adopt it as a basis of the order of partition

Heirs do not agree thereto submit a counter projection partition

The court will decide and thus order the distribution based on the
decided project partition.

THE ORDER OF DISTRIBUTION IS APPEALABLE WITHIN 30 DAYS


FROM NOTICE
X surviving spouse and her adopted son filed with the probate court
a project partition, the proportion after liquidation of the ACP, is 1/3
and 2/3 respectively. After 40 days from notice of the order of
distribution approving such submitted project partition by the mother
and adopted son. The mother filed a motion for correction because it
was erroneous, under the law in intestate succession the share should
be1/2 - 1/2

Will be motion prosper?

Imperial v Munoz 58 SCRA 678 1974


G.R. A probate court cannot issue a writ of execution:

Exceptions:

Contributive share of distributees who entered into possession of


the portion of the estate.
(Ignacio v Elchico May 1967)

Examination costs

Partition expenses

Suretys liability under the bonds


Closure:

When is the order of closure issued by the probate court?

After payments of all debts/delivery of the estate not the


issuance of the order of distribution or approval of the
project of partition.

Is the order of closure- appealable?

Yes, 15 days from notice, by filing a notice of appeal.


Remedies of an heir entitled to the residue of the estate but not
given his share?

Heir duly notified but not given his share, move for reconsideration or appeal within
30 days from notice, otherwise order becomes final.

Address stated in the petition but no notice received, - heir file an action of
annulment of judgment ( court did not acquire jurisdiction of the person of the
party).

Address unknown no notice given file a motion for delivery of his share OR
motion to re-open the proceedings if No order of closure was issued. If the
closure became final action of reconveyance against the distributes.
Groupings for reporting:

91 Escheats

Rule 92 97 Guardianship members

Rule 98 Trustees members Adoption - members

Rule 102 Habeas Corpus members Writ of Amparo members

Writ of Habeas Data members Writ of kalikasan members

Rule 103 change of name members Rule 108 Cancellation correction of entries in CR
members

RA 9048 amended by ra 10172 members

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