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4.

and the debts thereof paid,

SPECIAL PROCEEDINGS PART I


a. If both spouses have died, the conjugal

Rule 73 to Rule 91

partnership shall be liquidated in the testate


or intestate proceedings of either.
Section 3.

RULE 73 Venue and Process

Process. In the exercise of probate

jurisdiction, Courts of First Instance may issue


warrants and process necessary:

Section 1.

1. to compel the attendance of witnesses or

Where estate of deceased persons

settled.

2. to carry into effect theirs orders and


judgments,

a. If the decedents is an inhabitant of the

3. and all other powers granted them by law.

Philippines at the time of his death, whether a


citizen or an alien, his

a. If a person does not perform an order or

o will shall be proved,


o or letters of administration granted, and

judgment rendered by a court in the exercise

o his estate settled, in the Court of First

of its probate jurisdiction,


b. it may issue a warrant for the apprehension

Instance in the province in which he

and imprisonment of such person until he

resides at the time of his death

performs such order or judgment, or is


b.

released.

if he is an inhabitant of a foreign country, the


Court of First Instance of any province in

Section 4.

which he had estate.

Presumption of death.

a. For purposes of settlement of his estate, a person


-

The court first taking cognizance of the

shall be presumed dead if absent and

settlement of the estate of a decedent, shall

unheard from for the periods fixed in the

exercise jurisdiction to the exclusion of all

Civil Code.
b. But if such person proves to be alive, he shall be

other courts.

entitled to the balance of his estate after


c.

payment of all his debts.

The jurisdiction assumed by a court shall not

c. The balance may be recovered by motion in the

be contested in a suit or proceeding


-

same proceeding.

so far as it depends on the place of


residence of the decedent,

or of the location of his estate


RULE 74 Summary Settlement of Estate

except in an appeal from that court, in the


original

case,

or

when

the

want

of

jurisdiction appears on the record.


Section 2.

Where estate settled upon dissolution of

marriage.
of the husband or wife, in the testate or
intestate proceedings of the deceased
spouse, the community property shall be
inventoried,

2. administered, and
3. liquidated,
1

Extrajudicial settlement by agreement

between heirs.
1.

If the decedent left no will and no debts

2. and the heirs are all of age, or the minors are

a. When the marriage is dissolved by the death

1.

Section 1.

Special Proceedings Rule 73 to Rule 91 | Himay ni Chay

represented

by

their

judicial

or

legal

representatives duly authorized for the purpose,


3. the parties may without securing letters of
administration,

divide

the

estate

among

themselves as they see fit


a. by means of a public instrument filed in
the office of the register of deeds,

b. and should they disagree, they may do so

three (3) months from the date of the last

in an ordinary action of partition.

publication of a notice

4. If there is only one heir, he may adjudicate to

6. notice shall be published once a week for

himself the entire estate by means of an

three (3) consecutive weeks in a newspaper

affidavit filled in the office of the register of

of general circulation in the province,

deeds.

7.

and after such other notice to interest persons


as the court may direct,

The parties to an extrajudicial settlement, whether


by public instrument (3a) or by stipulation in a

a. The court may proceed summarily,

pending action for partition (3b), or the sole heir

b. without the appointment of an executor or

who adjudicates the entire estate to himself by


means of an affidavit (4) shall file, simultaneously

administrator, and without delay,


c.

with and as a condition precedent to the filing of


the public instrument, or stipulation in the action for

to grant, if proper, allowance of the will, if any


there be,

d. to determine who are the persons legally

partition, or of the affidavit in the office of the

entitled to participate in the estate,


e. and to apportion and divide it among them

register of deeds,

after the payment of such debts of the estate

1. a bond with the said register of deeds, in an


amount equivalent to the value of the personal
property involved

as the court shall then find to be due;


f.

2. as certified to under oath by the parties

and such persons, in their own right, if they are


of lawful age and legal capacity, or by their

concerned

guardians or trustees legally appointed and

3. conditioned upon the payment of any just

qualified, if otherwise, shall thereupon be

claim that may be filed under section 4 of this

entitled

to

receive

and

enter

into

the

rule.

possession of the portions of the estate so


awarded to them respectively.

It shall be presumed that the decedent left

g. The court shall make such order as may be


just respecting the costs of the proceedings,

no debts if no creditor files a petition for letters


of administration within two (2) years after the

h. and all orders and judgments made or

death of the decedent.

rendered in the course thereof shall be


recorded in the office of the clerk,

The

fact

of

the

extrajudicial

settlement

or

i.

and the order of partition or award, if it involves

administration shall be published in a newspaper of

real estate, shall be recorded in the proper

general circulation in the manner provided in the next

register's office.

succeeding section; but no extrajudicial settlement


shall be binding upon any person who has not

Section 3.

participated therein or had no notice thereof.

1. The

Bond to be filed by distributees.


court,

before

allowing

partition

in

accordance with the provisions of the preceding


Section 2.

Summary settlement of estate of small

value.

section,
2. may require the distributees, if property other than

1. Whenever the gross value of the estate of a


deceased person, whether he died testate or
intestate,

real is to be distributed, to file a bond in an amount


to be fixed by court,
3. conditioned for the payment of any just claim

2. does not exceed ten thousand pesos,

which may be filed under the next succeeding

3.

section.

and that fact is made to appear to the Court of


First Instance having jurisdiction of the estate

Liability of distributees and estate.

4. by the petition of an interested person

Section 4.

5. and upon hearing, which shall be held not

a. If it shall appear at any time within two (2) years

less than one (1) month nor more than

after the settlement and distribution of an estate in

Special Proceedings Rule 73 to Rule 91 | Himay ni Chay

accordance with the provisions of either of the first

Necessary

two sections of this rule,


b. that an heir or other person has been unduly
deprived of his lawful participation in the
estate,
c.

Section 1.

Allowance necessary. Conclusive as to

execution.
a. No will shall pass either real or personal estate

such heir or such other person may compel the

unless it is proved and allowed in the proper

settlement of the estate in the courts in the manner


hereinafter provided for the purpose of satisfying

court.
b. Subject to the right of appeal, such allowance

such lawful participation.

of the will shall be conclusive as to its due


execution.

1. And if within the same time of two (2) years,


2. it shall appear that there are debts outstanding
against the estate which have not been paid,

Section 2.

Custodian of will to deliver.

1. The person who has custody of a will shall,

3. or that an heir or other person has been unduly

within twenty (20) days after he knows of

deprived of his lawful participation payable in


money,

the death of the testator,


2. deliver the will

4. the court having jurisdiction of the estate may, by

a. to the court having jurisdiction,

order for that purpose, after hearing, settle the

b. or to the executor named in the will.

amount of such debts or lawful participation


5. and order how much and in what manner each
distributee shall contribute in the payment thereof,
6. and may issue execution, if circumstances require,
a. against the bond provided in the preceding

Section 3.

refuse trust.
A person named as executor in a will shall,
a. within twenty (20) days after he knows of the

section

death of the testate,

b. or against the real estate belonging to the


c.

Executor to present will and accept or

b.

or within twenty (20) days after he knows

deceased, or both.

that he is named executor if he obtained

Such bond and such real estate shall remain

such knowledge after the death of the testator,

charged with a liability to creditors, heirs, or


other persons for the full period of two (2)
years

after

such

distribution,

notwithstanding any transfers of real estate


that may have been made.

c.

present

such

will

to

the

court

having

jurisdiction,
d. unless the will has reached the court in any
other manner,
e. and shall, within such period, signify to the
court in writing his acceptance of the trust or

Section 5.

Period

for

claim

of

minor

or

his refusal to accept it.

incapacitated person.
If on the date of the expiration of the period of two (2)

Section 4.

years prescribed in the preceding section the person

for neglect. A person who neglects any of the duties

authorized to file a claim is a

required in the two last preceding sections without

Custodian and executor subject to fine

1. minor

excused satisfactory to the court shall be fined not

2. or mentally incapacitated,

exceeding two thousand pesos.

3. or is in prison
4. or outside the Philippines,

Section 5.

Person retaining will may be committed.

A person having custody of a will after the death of


he may present his claim within one (1) year after

the testator who neglects without reasonable cause to

such disability is removed.

deliver the same, when ordered so to do, to the court


having jurisdiction, may be committed to prison and

RULE 75 Production of Will. Allowance of Will


3

Special Proceedings Rule 73 to Rule 91 | Himay ni Chay

there kept until he delivers the will.

weeks successively, previous to


the time appointed, in a newspaper of

RULE 76 Allowance or Disallowance of Will

general circulation in the province.


Section 1.

Who may petition for the allowance of

But no newspaper publication shall be made

will.

where the petition for probate has been filed

The following may, at any time after the death of the

by the testator himself.

testator, petition the court having jurisdiction to have

Section 4.

Heirs,

devisees,

legatees,

and

the will allowed, whether the same be in his

executors to be notified by mail or personally.

possession or not, or is lost or destroyed.

1. The court shall also cause copies of the notice of

1. Any executor,

the time and place fixed for proving the will to be

2. devisee,

addressed to the designated or other known heirs,

3. or legatee named in a will,

legatees, and devisees of the testator resident in

4. or any other person interested in the estate,

the Philippines at their places of residence,


2. and deposited in the post office with the postage

The testator himself may, during his lifetime, petition

thereon prepaid at least twenty (20) days before

the court for the allowance of his will.

the hearing, if such places of residence be known.


3. A copy of the notice must in like manner be mailed
to the person named as executor, if he be not

Contents of petition. A petition for the

Section 2.

the petitioner;

allowance of a will must show, so far as known to the

4. also, to any person named as coexecutor not

petitioner:

petitioning, if their places of residence be known.

(a) The jurisdictional facts;


(b) The names, ages, and residences of the heirs,

5. Personal service of copies of the notice at least (10)

legatees, and devisees of the testator or decedent;

days before the day of hearing shall be equivalent

(c) The probable value and character of the property

to mailing.

of the estate;

If the testator asks for the allowance of his

(d) The name of the person for whom letters are

own will, notice shall be sent only to his

prayed;

compulsory heirs.

(e) If the will has not been delivered to the court, the
name of the person having custody of it.

Section 5.

Proof at hearing. What sufficient in

absence of contest.
1. At the hearing compliance with the provisions

But no defect in the petition shall render void


1. the allowance of the will,

of the last two preceding sections (publication

2. or the issuance of letters testamentary or of

and mail or personal notice) must be shown


before the introduction of testimony in support

administration with the will annexed.

of the will.
Section 3.

2.

Court to appoint time for proving will.

and reduced to writing.

Notice thereof to be published.


1. When a will is delivered to, or a petition for the

All such testimony shall be taken under oath

It no person appears to contest the allowance


of the will,

allowance of a will is filed in,

a. the court may grant allowance thereof on

2. the court having jurisdiction, such court shall

the testimony of one of the subscribing


witnesses only,

a. fix a time and place for proving the

b. if such witness testify that the will was

will when all concerned may appear

executed as is required by law.

to contest the allowance thereof,


b. and shall cause notice of such time
and place to be published three (3)

In the case of a holographic will,


a. it shall be necessary that at least one

Special Proceedings Rule 73 to Rule 91 | Himay ni Chay

witness who knows the handwriting and

Section 8.

signature of the testator

do not reside in the Philippines.

b. explicitly declare that the will and the


signature are in the handwriting of the
testator.
o

Proof when witnesses dead or insane or

If the appears at the time fixed for the hearing that the
subscribing witnesses are
1.

dead

In the absence of any such competent

2. or insane,

witness, and if the court deem it necessary,

3. or that none of them resides in the Philippines,

expert testimony may be resorted to.


the court may admit the testimony of other
Section 6.

Proof of lost or destroyed will. Certificate

witnesses to prove

thereupon.

a. the sanity of the testator,

No will shall be proved as a lost or destroyed will

b. and the due execution of the will;

unless

c.

1. the execution and validity of the same be

and as evidence of the execution of the will, it


may admit proof of the handwriting of the

established,

testator and of the subscribing witnesses, or of

2. and the will is proved to have been in

any of them.

existence at the time of the death of the


testator,
3. or is shown to have been fraudulently or

Section 9.

Grounds for disallowing will. The will

shall be disallowed in any of the following cases:

accidentally destroyed in the lifetime of the

(a) If not executed and attested as required by law;

testator without his knowledge,

(b) If the testator was insane, or otherwise mentally

4. nor unless its provisions are clearly and

incapable to make a will, at the time of its execution;

distinctly proved by at least two (2) credible

(c) If it was executed under duress, or the influence of

witnesses.

fear, or threats;
(d) If it was procured by undue and improper

a. When a lost will is proved, the provisions

pressure and influence, on the part of the beneficiary,

thereof must be distinctly stated and certified

or of some other person for his benefit;

by the judge,

(e) If the signature of the testator was procured by

b. under the seal of the court,

fraud or trick, and he did not intend that the instrument

c.

and the certificate must be filed and recorded

should be his will at the time of fixing his signature

as other wills are filed and recorded.

thereto.

Section 7.

Proof when witnesses do not reside in

province.

Section 10.

If it appears at the time fixed for the hearing that none


of the subscribing witnesses resides in the province,
but that the deposition of one or more of them can be
taken elsewhere, the court may,

Contestant to file grounds of contest.

Anyone appearing to contest the will must


1. state in writing his grounds for opposing its
allowance,
2. and serve a copy thereof on the petitioner and
other parties interested in the estate.

1. on motion, direct it to be taken,


2. and may authorize a photographic copy of the
will to be made
3. and to be presented to the witness on his
examination, who may be asked the same
questions with respect to it,
4. and to the handwriting of the testator and
others, as would be pertinent and competent if
the original will were present.

Section 11.

Subscribing

witnesses

produced

or

accounted for where will contested.


If the will is contested,
1. all the subscribing witnesses, and the notary in
the case of wills executed under the Civil Code
of the Philippines,
2. if present in the Philippines and not insane,
must be produced and examined,
3. and the death, absence, or insanity of any of

Special Proceedings Rule 73 to Rule 91 | Himay ni Chay

them must be satisfactorily shown to the court.

2. and that the testator at the time of its execution

4. If all or some of such witnesses are present in

was of sound and disposing mind, and not

the Philippines but outside the province where

acting under duress, menace, and undue

the will has been filed, their deposition must

influence, or fraud,

be taken.

3. a certificate of its allowance, signed by the


judge, and attested by the seal of the court

a. If any or all of them testify against the due

shall be attached to the will and the will and

execution of the will,

certificate filed and recorded by the clerk.

b. or do not remember having attested to it,


c.

4.

or are otherwise of doubtful credibility,

Attested copies of the will devising real estate


and of certificate of allowance thereof, shall be

d. the will may nevertheless, be allowed if the

recorded in the register of deeds of the

court is satisfied from the testimony of other

province in which the lands lie.

witnesses and from all the evidence presented


that the will was executed and attested in the
manner required by law.

RULE 77 Allowance of Will Proved Outside of


Philippines and Administration of Estate
Thereunder

If a holdgraphic will is contested,


1. the same shall be allowed if at least three

Section 1.

Will proved outside Philippines may be

(3) witnesses who know the handwriting of

allowed here. Wills proved and allowed in a foreign

the testator

country, according to the laws of such country, may be

2. explicitly declare that the will and the


signature are in the handwriting of the

allowed, filed, and recorded by the proper Court of


First Instance in the Philippines.

testator;
3. in

the

absence

of

any

competent

witnesses, and if the court deem it


necessary, expert testimony may be
resorted to.

Section 2.

Notice of hearing for allowance.

1. When a copy of such will and of the order or


decree of the allowance thereof,
2. both duly authenticated,
3. are filed with a petition for allowance in the

Section 12.

Proof

where

testator

petitions

for

allowance of holographic will.


1. Where the testator himself petitions for the
probate of his holographic will

Philippines,
4. by the executor or other person interested, in the
court having jurisdiction,
5. such court shall fix a time and place for the hearing,

2. and no contest is filed,

and cause notice thereof to be given as in case of

3. the fact that the affirms that the holographic will

an original will presented for allowance.

and the signature are in his own handwriting, shall

4.

When will allowed, and effect thereof.

be sufficient evidence of the genuineness and

Section 3.

due execution thereof.

If it appears at the hearing that the will should be

If the holographic will is contested, the burden of

allowed in the Philippines,

disproving the genuineness and due execution

1. the court shall so allow it,

thereof shall be on the contestant.

2. and a certificate of its allowance, signed by

5. The testator to rebut the evidence for the

the judge, and attested by the seal of the court,

contestant.

to which shall be attached a copy of the will,


shall be filed and recorded by the clerk,

Section 13.

Certificate of allowance attached to

prove will. To be recorded in the Office of Register of

3.

and the will shall have the same effect as if


originally proves and allowed in such court.

Deeds.
1. if the court is satisfied, upon proof taken and
filed, that the will was duly executed,
6

Special Proceedings Rule 73 to Rule 91 | Himay ni Chay

Section 4.

Estate, how administered.

When a will is thus allowed, the court shall

1. grant letters testamentary, or letters of


administration with the will annexed,
2. and

3.

such

letters

testamentary

others may act. When all of the executors named in


a will can not act because of

or

of

1. incompetency,

administration, shall extend to all the estate of

2. refusal to accept the trust,

the testator in the Philippines.

3. or failure to give bond,

Such estate, after the payment of just

4. on the part of one or more of them, letters

debts and expenses of administration, shall

testamentary may issue to such of them as are

be disposed of according to such will, so far as

competent, accept and give bond, and they

such will may operate upon it;

may perform the duties and discharge the trust

4. and the residue, if any shall be disposed of as

required by the will.

is provided by law in cases of estates in the


Philippines belonging to persons who are

Section 6.

When

and

inhabitants of another state or country.

administration granted.

to

whom

letters

of

If no executor is named in the will,

RULE 78 Letters Testamentary and of

or the executor or executors are incompetent,

Administration, When and to Whom Issued

refuse the trust,

or fail to give bond,

or a person dies intestate, administration shall be

Section 1.
executors

Who are incompetent to serve as


or

administrators.

No

person

in

granted:

competent to serve as executor or administrator who:

(a) To the surviving husband or wife, as the case

(a) Is a minor;

may be, or next of kin, or both, in the discretion of the

(b) Is not a resident of the Philippines; and

court, or to such person as such surviving husband

(c) Is in the opinion of the court unfit to execute the

or wife, or next of kin, requests to have appointed,

duties of the trust by reason of

if competent and willing to serve;

drunkenness,

improvidence,

(b) If such surviving husband or wife, as the case may

or want of understanding or integrity,

be, or next of kin, or the person selected by them, be

or by reason of conviction of an offense

incompetent or unwilling, or if the husband or widow, or

involving moral turpitude.

next of kin, neglects for thirty (30) days after the death
of the person to apply for administration or to request

Section 2.

Executor of executor not to administer

that administration be granted to some other person, it

estate. The executor of an executor shall not, as

may be granted to one or more of the principal

such, administer the estate of the first testator.

creditors, if competent and willing to serve;

Married women may serve. A married

(c) If there is no such creditor competent and willing

woman may serve as executrix or administratrix, and

to serve, it may be granted to such other person as

the marriage of a single woman shall not affect her

the court may select.

Section 3.

authority so to serve under a previous appointment.


RULE 79 Opposing Issuance Of Letters
Section 4.

Letters testamentary issued when will

Testamentary. Petition And Contest For Letters Of

allowed. When a will has been proved and allowed,

Administration

the court shall issue letters testamentary thereon to the

Section 1.

person named as executor therein, if he is

testamentary. Simultaneous petition for administration.

1. competent,
2. accepts the trust,
3. and gives bond as required by these rules.

Opposition

to

issuance

of

letters

1. Any person interested in a will may state in


writing the grounds why letters testamentary
should not issue to the persons named therein

Section 5.
7

Where some coexecutors disqualified


Special Proceedings Rule 73 to Rule 91 | Himay ni Chay

as executors, or any of them,


2.

opposition.

and the court, after hearing upon notice, shall


pass upon the sufficiency of such grounds.

3. A petition may, at the time, be filed for


letters of administration with the will

Section 5.

Hearing and order for letters to issue.

At the hearing of the petition, it must first be shown


that
1. notice has been given as hereinabove

annexed.

required,
Section 2.

Contents of petition for letters of

2. and thereafter the court shall hear the proofs of

administration. A petition for letters of administration

the parties in support of their respective

must be filed by an interested person and must show,

allegations,

so far as known to the petitioner:

3. and if satisfied that the decedent left no will,

(a) The jurisdictional facts;

4. or that there is no competent and willing

(b) The names, ages, and residences of the heirs,

executor,

and the names and residences of the creditors, of the

5. it shall order the issuance of letters of

decedent;

administration to the party best entitled

(c) The probable value and character of the property

thereto.

of the estate;
(d) The name of the person for whom letters of

Section 6.

When letters of administration granted

administration are prayed.

to any applicant.
a. Letters of administration may be granted to any

But no defect in the petition shall render void the


issuance of letters of administration.

qualified applicant,
b.

though it appears that there are other competent


persons having better right to the administration,

Section 3.

Court to set time for hearing. Notice

thereof.

c.

if such persons fail to appear when notified and


claim the issuance of letters to themselves.

a. When a petition for letters of administration is


filed in the court having jurisdiction,

RULE 80 Special Administrator

b. such court shall fix a time and place for


c.

hearing the petition,

Section 1.

and shall cause notice thereof to be given to

1. When

the

Appointment of special administrator.


there

is

delay

in

granting

letters

testamentary or of administration
2. by any cause including an appeal from the

1. known heirs
2. and creditors of the decedent,
3. and to any other persons believed to have
an interest in the estate, in the manner

allowance or disallowance of a will,


3. the court may appoint a special administrator to
take possession and charge of the estate of the
deceased until

provided in sections 3 and 4 of Rule 76.

the questions causing the delay are decided


and executors or administrators appointed.

Section 4.

Opposition to petition for administration.

Any interested person may,


a. by filing a written opposition,
b. contest the petition on the ground of the

Section 2.

any competent person or person named in the


8

Special Proceedings Rule 73 to Rule 91 | Himay ni Chay

of

special

chattels, rights, credits, and estate of the


deceased
b. and preserve the same for the executors or

right to the administration,


and may pray that letters issue to himself, or to

duties

a. take possession and charge of the goods,

letters are prayed therein,

c.

and

adminsitrator. Such special administrator shall

incompetency of the person for whom


or on the ground of the contestant's own

Powers

administrator afterwards appointed,


c.

and for that purpose may commence and

maintain suits as administrator.

any other time when required by the court;

d. He may sell only such perishable and other


property as the court orders sold.
e. A special administrator shall not be liable to

(d) To perform all orders of the court by him to be


performed.

pay any debts of the deceased unless so


ordered by the court.

Section 2.

Bond of executor where directed in will.

When further bond required.


Section 3.

When powers of special administrator

1. If the testator in his will directs that the

cease. Transfer of effects. Pending suits.

executors serve without bond, or with only his

1. When letters testamentary or of administration


are granted on the estate of the deceased,
2. the powers of the special administrator shall
cease,
3. and he shall forthwith deliver to the executor or
administrator the goods, chattels, money, and
estate of the deceased in his hands.

individual bond,
2.

he may be allowed by the court to give bond


in such sum and with such surety as the court
approves

3. conditioned only to pay the debts of the


testator;
4. but the court may require of the executor a

4. The executor or administrator may prosecute

further bond in case of a change in his

to final judgment suits commenced by such

circumstance, or for other sufficient case, with

special administrator.

the conditions named in the last preceding


section.

RULE 81 Bond of Executors and Administrators


Section 3.
Section 1.

Bond to be given issuance of letters.

Amount. Conditions.
1. Before an executor or administrator enters
upon the execution of his trust,
2. and letters testamentary or administration

Bonds

of

joint

executors

and

administrators. When two or more persons are


appointed executors or administrators the court
may take
1. a separate bond from each,
2. or a joint bond from all.

issue,
3. he shall give a bond, in such sum as the court
directs, conditioned as follows:
(a) To make and return to the court, within three (3)

Section 4.

Bond of special administrator. A

special administrator before entering upon the duties


of his trust shall

months, a true and complete inventory of all goods,

1. give a bond, in such sum as the court directs,

chattels, rights, credits, and estate of the deceased

2. conditioned that he will

which shall come to his possession or knowledge or to


the possession of any other person for him;

make and return a true inventory of the


goods, chattels, rights, credits, and
estate of the deceased which come to

(b) To administer according to these rules, and, if an

his possession or knowledge,

executor, according to the will of the testator, all goods,

and that he will truly account for such as

chattels, rights, credits, and estate which shall at any

are received by him when required by

time come to his possession or to the possession of

the court,

any other person for him, and from the proceeds to pay

and will deliver the same to the person

and discharge all debts, legacies, and charges on the

appointed executor or administrator,

same, or such dividends thereon as shall be decreed

or to such other person as may be

by the court;

authorized to receive them.

(c) To render a true and just account of his

RULE 82 Revocation of Administration, Death,

administration to the court within one (1) years, and at

Resignation, and Removal of Executors or

Special Proceedings Rule 73 to Rule 91 | Himay ni Chay

testamentary or of administration, or before his

Administrators

resignation or removal, shall have the like validity as


Section 1.

Administration revoked if will discovered.

Proceedings thereupon.

if there had been no such revocation, resignation,


or removal.

1. If after letters of administration have been


granted on the estate of a decedent as if he

Section 4.

Powers of new executor or administrator.

had died intestate,

Renewal of license to sell real estate.

2. his will is proved and allowed by the court,


3. the letters of administration shall be

a. The person to whom letters testamentary or of


administration are granted

revoked and all powers thereunder cease,


4. and the administrator shall forthwith surrender

b. after the revocation of former letters, or the


death, resignation, or removal of a former

the letters to the court,

executor or administrator,

5. and render his account with such time as the


c.

court directs.
6. Proceeding

for

the

issuance

of

letters

testamentary or of administration under the will

shall have the like powers to collect and settle


the estate not administered that the former
executor or administrator had,

d. and

shall be as hereinbefore provided.

may

prosecute

or

defend

actions

commenced by or against the former executor


accept

or administrator, and have execution on

resignation of executor or administrator. Proceeding

judgments recovered in the name of such

upon death, resignation, or removal.

former executor or administrator.

Section 2.

Court

may be

remove

or

The court may remove executor or administrator, or in

e. An authority granted by the court to the former


executor or administrator for the sale or

its discretion, may permit him to resign if he


1. neglects to render his account and settle the

mortgage of real estate may be renewed in


favor of such person without further notice

estate according to law,


2. or to perform an order or judgment of the court,

or hearing.

or a duty expressly provided by these rules,


3.

or absconds,

RULE 83 Inventory and Appraisal. Provision for

4. or becomes insane,

Support of Family

5. or

otherwise

incapable

or

insuitable

to

discharge the trust

Section 1.

Inventory and appraisal to be returned

within three months.


When an executor or administrator

1. Within three (3) months after his appointment

1. dies,

2. every executor or administrator shall return to

2. resign,

the court a true inventory and appraisal of all

3. or is removed

real and personal estate of the deceased

4. the remaining executor or administrator may

which has come into his possession or

administer the the trust alone,

knowledge.

5. unless the court grants letters to someone to


act with him.
6. If

there

is

3. In the appraisement of such estate, the court


may order one or more of the inheritance tax

no

remaining

executor

or

appraisers to give his or their assistance.

administrator, administration may be to any


suitable person.

Section 2.

Certain article not to be inventoried.

1. The wearing apparel of the surviving husband


Section 3.

Acts before revocation, resignation, or

or wife and minor children.,

removal to be valid. The lawful acts of an executor

2. the marriage bed and bedding,

or administrator before the revocation of his letters

3. and such provisions and other articles as will

10

Special Proceedings Rule 73 to Rule 91 | Himay ni Chay

necessarily be consumed in the substinence

Section 3.

Executor or administrator to retain whole

of the family of the deceased,

estate to pay debts, and to administer estate not willed.


An executor or administrator shall have

4. under the direction of the court,


a. shall not be considered as assets, nor

1. the right to the possession and management

administered as such,

of the real as well as the personal estate of the

b. and shall not be included in the inventory.

deceased
2. so long as it is necessary for the payment of

Allowance to widow and family. The

Section 3.

the

debts

and

the

expenses

of

administration.

widow and minor or incapacitated children of a


deceased person, during the settlement of the estate,
shall receive therefrom, under the direction of the court,

RULE 85 Accountability and Compensation of

such allowance as are provided by law.

Executors and Administrators

RULE 84 General Powers and Duties of Executors


and Administrators

Section 1.

Executor or administrator chargeable

with all estate and income. Except as otherwise


Section 1.

Executor

or

administrator

to

have

access to partnership books and property. How right

expressly provided in the following sections, every


executor or administrator

enforced.

1.

a. The executor or administrator of the estate of a

the estate of the deceased which has come

deceased partner shall at all times have

into his possession,

access to, and may examine and take copies


of,

books

and

papers

relating

to

2. at the value of the appraisement contained in

the

the inventory;

partnership business,

3. with all the interest, profit, and income of such

b. and make examine and make invoices of the

estate;

property belonging to such partnership;


c.

is chargeable in his account with the whole of

4. and with the proceeds of so much of the estate

and the surviving partner or partners, on

as is sold by him, at the price at which it was

request, shall exhibit to him all such books,

sold.

papers, and property in their hands or control.


d. On the written application of such executor or

Section 2.

Not to profit by increase or lose by

decrease in value.

administrator,
e. the court having jurisdiction of the estate may

a. No executor or administrator shall profit by the

order any such surviving partner or

increase, or suffer loss by the decrease or

partners to freely permit the exercise of the

destruction, without his fault, of any part of the

rights, and to exhibit the books, papers, and

estate.

property, as in this section provided,


f.

b. He must account for the excess when he sells any


part of the estate for more than the appraisement,

and may punish any partner failing to do so


for contempt.

Section 2.

Executor

c.
or

administrator

to

keep

buildings in repair. An executor or administrator


shall

and if any is sold for the less than the


appraisement, he is not responsible for the loss, if
the sale has justly made.

d. If he settles any claim against the estate for less

1. maintain in tenanble repair the houses and

than its nominal value, he is entitled to charge in

other structures and fences belonging to the

his account only the amount he actually paid on

estate,

the settlement.

2. and deliver the same in such repair to the heirs


or devisees when directed so to do by the

Section 3.

When not accountable for debts due

court.

estate. No executor or administrator shall be


accountable for debts due the deceased which remain

11

Special Proceedings Rule 73 to Rule 91 | Himay ni Chay

estate as comes into his possession and is finally

uncollected without his fault.

disposed of by him in the payment of debts,


Section 4.

Accountable for income from realty used

expenses, legacies, or distributive shares, or by

by him. If the executor or administrator uses or

delivery to heirs or devisees,

occupies any part of the real estate himself,

1. of two per centum of the first five thousand

1. he shall account for it as may be agreed upon

pesos of such value,

between him and the parties interested,

2. one per centum of so much of such value as

2. or adjusted by the court with their assent;

exceeds five thousand pesos

3. and if the parties do not agree upon the sum to

3. and does not exceed thirty thousand pesos,

be allowed, the same may be ascertained by

4. one-half per centum of so much of such value

the court, whose determination in this respect

as exceed one hundred thousand pesos.

shall be final.
Section 5.

c.

Accountable if he neglects or delays to

But in any special case, a greater sum may be


allowed where

raise or pay money. When an executor or

1. the estate is large,

administrator

2. and the settlement has been attended with

a. neglects or unreasonably delays to raise

great difficulty,

money,

3. and has required a high degree of capacity on

b. by collecting the debts or selling the real or

the part of the executor or administrator.


o

personal estate of the deceased,


c.

or neglects to pay over the money he has in his

If objection to the fees allowed be taken, the


allowance may be re-examined on appeal.

hands,
d. and the value of the estate is thereby lessened

d. If

or unnecessary cost or interest accrues,

there

are

two

or

more

executors

administrators,

the

compensation

shall

or
be

e. or the persons interested suffer loss,

apportioned among them by the court according to

f.

the same shall be deemed waste and the

the

damage sustained may be charged and

respectively.

allowed against him in his account, and he

services

actually

rendered

by

them

e. When the executors or administrator is an attorney,

shall be liable therefor on his bond.

he shall not charge against the estate any


professional fees for legal services rendered by

Section 6.

When allowed money paid as cost.

1. The amount paid by an executor or administrator

him.
f.

When the deceased by will makes some other

for costs awarded against him shall be allowed in

provision for the compensation of his executor, that

his administration account,

provision shall be a full satisfaction for his services

2. unless it appears that the action or proceeding in

unless by a written instrument filed in the court

which the costs are taxed was prosecuted or

he renounces all claim to the compensation

resisted without just cause, and not in good

provided by the will.

faith.
Section 8.

When executor or administrator to

allowed

render account. Every executor or administrator

executor or administrator. Not to charge for services as

shall render an account of his administration

attorney. Compensation provided by will controls

within one (1) year from the time of receiving

unless renounced.

letters testamentary or of administration, unless the

a. An executor or administrator shall be allowed the

court otherwise directs because of

Section 7.

What

expenses

and

fees

necessary expenses the care, management, and


settlement of the estate, and for his services, four

1. extensions of time for presenting claims


against,

pesos per day for the time actually and necessarily

2. or paying the debts of, the estate,

employed,

3. or for disposing of the estate;

b. or a commission upon the value of so much of the


12

Special Proceedings Rule 73 to Rule 91 | Himay ni Chay

4. and he shall render such further accounts as

the court may require until the estate is wholly

In the notice provided in the preceding section, the

settled.

court shall state


1. the time for the filing of claims against the

Section 9.

Examinations on oath with respect to

estate, which shall not be more than twelve

account The court may examine the executor or

(12) not less than six (6) months after the

administrator upon oath

date of the first publication of the notice.

a. with respect to every matter relating to any account

2. However, at any time before an order of

rendered by him,

distribution is entered,

b. and shall so examine him as to the correctness of


c.

a. on application of a creditor who has failed

his account before the same is allowed,

to file his claim within the previously

except when no objection is made to the

limited,

allowance of the account and its correctness is

b.

the court may, for cause shown and on

satisfactorily established by competent proof.

such terms as are equitable, allow such

d. The heirs, legatees, distributees, and creditors of

claim to be filed within a time not


exceeding one (1) month.

the estate shall have the same privilege as the


executor or administrator of being examined on

Publication of notice to creditors.

oath on any matter relating to an administration

Section 3.

account.

Every executor or administrator shall,


1. immediately after the notice to creditors is

Section 10.

Account to be settled on notice.

issued,

Before the account of an executor or administrator is

2. cause the same to be published three (3)

allowed,

weeks successively in a newspaper of

1. notice shall be given to persons interested of

general circulation in the province,

the time and place of examining and allowing

3. and to be posted for the same period in four

the same;

public places in the province and in two public

2. and such notice may be given personally to

places in the municipality where the decedent

such persons interested or by advertisement

last resided.

in a newspaper or newspapers, or both, as the


court directs.

Section 4.

Filing of copy of printed notice. Within

ten (10) days after the notice has been published


Section 11.

Surety on bond may be party to

accounting. Upon the settlement of the account of

and posted in accordance with the preceding section,


the executor or administrator shall

an executor or administrator, a person liable as surety

1. file or cause to be filed in the court a printed

in respect to such account may,

copy of the notice

1. upon application,

2. accompanied with an affidavit setting forth the

2. be admitted as party to such accounting.

dates of the first and last publication thereof


and the name of the newspaper in which the
same is printed.

RULE 86 Claims Against Estate


Section 1.

Notice to creditors to be issued by court.

Section 5.

Claims which must be filed under the

Immediately after granting letters testamentary or of

notice. If not filed, barred; exceptions.

administration, the court shall issue a notice

The following actions must be filed within the time

requiring all persons having money claims against the

limited in the notice otherwise they are barred

decedent to file them in the office of the clerk of said

forever.

court.

1. All claims for money against the decent,


arising from contract, express or implied,

Section 2.

Time within which claims shall be filed.

whether the same be due, not due, or


contingent,

13

Special Proceedings Rule 73 to Rule 91 | Himay ni Chay

2. all claims for funeral expenses and expense

and if there is a judgment for a deficiency,


after the sale of the mortgaged premises, or

for the last sickness of the decedent,

the property pledged, in the foreclosure or

3. and judgment for money against the decent,

other proceeding to realize upon the security,


o

Except:

he may claim his deficiency judgment in the

1.

manner provided in the preceding section

that they may be set forth as counterclaims in

or he may rely upon his mortgage or other

any action that the executor or administrator


may bring against the claimants.
2. Where

an

executor

or

security alone, and foreclosure the same at


administrator

any time within the period of the statute of

commences an action, or prosecutes an action

limitations,
and in that event he shall not be admitted as

already commenced by the deceased in his


lifetime,

a creditor, and shall receive no share in the

claims he has against the decedent,

distribution of the other assets of estate;

the debtor may set forth by answer the


3.

but nothing herein contained shall prohibit the

instead of presenting them independently

executor or administrator from redeeming the

to the court as herein provided,

property mortgaged or pledged, by


paying the debt for which it is held as

and mutual claims may be set off against


each other in such action;

security,
under the direction of the court, if the court

and if final judgment is rendered in favor


of

the

defendant,

the

amount

so

shall adjudge it to be for the best interest of

determined shall be considered the true

the estate that such redemption shall be

balance against the estate, as though

made.

the claim had been presented directly

before the court in the administration

Section 8.

proceedings.

against an estate. If the executor or administrator

Claims not yet due, or contingent, may be

has a claim against the estate he represents,

approved at their present value.

Claim of executor or administrator

a. he shall give notice thereof, in writing, to the


court,

Section 6.
o

Solidary obligation of decedent.

b. and

court

shall

appoint

special

in the adjustment of such claim, have

solidary with another debtor,


1. the claim shall be filed against the decedent as

the same power and be subject to the

if he were the only debtor,

same

2. without prejudice to the right of the estate to

liability

administrator

recover contribution from the debtor.

or

as

the

executor

general
in

the

settlement of other claims.


c.

the

administrator, who shall,

Where the obligation of the decedent is

The

court

may order

to

the

or

administrator

shall be confined to the portion belonging to him.

administrator necessary funds to defend

Mortgage debt due from estate.

pay

executor

In a joint obligation of the decedent, the claim

Section 7.

to

the

special

such claim.

A creditor holding a claim against the deceased

Section 9.

secured by mortgage or other colateral security, may

Notice to executor or administrator. A claim may be

1. abandon the security and prosecute his claim in


the manner provided in this rule, and share in the
general distribution of the assets of the estate;
2. or he may foreclose his mortgage or realize
upon his security,
by action in court, making the executor or
administrator a party defendant,
14

Special Proceedings Rule 73 to Rule 91 | Himay ni Chay

How to file a claim. Contents thereof.

filed by
1. delivering the same with the necessary vouchers
to the clerk of court and by serving a copy thereof
on the executor or administrator.
2. If the claim be founded on a bond, bill, note, or any
other instrument, the original need not be filed, but
a copy thereof with all indorsements shall be

attached to the claim and filed therewith.


3. On demand,

however,

of

the executor

or

Section 11.

Disposition of admitted claim. Any

administrator, or by order of the court or judge, the

claim

original shall be exhibited, unless it be list or

administrator

destroyed, in which case the claimant must

1. shall immediately be submitted by the clerk to the

accompany his claim with affidavit or affidavits

court who may approve the same without

containing a copy or particular description of the

hearing;

instrument and stating its loss or destruction.

entirely

by

the

executor

or

2. but the court, in its discretion, before approving


the claim, may order that known heirs, legatees, or

4. When the claim is due, it must be


supported by affidavit stating the amount
justly due,

admitted

devisees be notified and heard.


3. If upon hearing, an heir, legatees, or devisee

that no payments have been made thereon

opposes the claim, the court may, in its discretion,

which are not credited,

allow him fifteen (15) days to file an answer to the

and that there are no offsets to the same, to

claim in the manner prescribed in the preceding

the knowledge of the affiant.

section.

5. If the claim is not due, or is contingent, when


filed,

Section 12.

it must also be supported by affidavits stating


the particulars thereof.
When the affidavit is made by a person other
than the claimant, he must set forth therein
the reason why it is not made by the

Trial of contested claim.

a. Upon the filing of an answer to a claim,


b. or upon the expiration of the time for such filing,
c.

the clerk of court shall set the claim for trial with
notice to both parties.

d. The court may refer the claim to a commissioner.

claimant.
6. The claim once filed shall be attached to the
record

of

the

case in which the letters

testamentary or of administration were issued,

Section 13.

Judgment appealable. The judgment

of the court approving or disapproving a claim,


1. shall

although the court, in its discretion, and as a matter

be

filed

with

the

record

the

administration proceedings

of convenience, may order all the claims to be

2. with notice to both parties,

collected in a separate folder.

3. and is appealable as in ordinary cases.

Section 10.

of

Answer of executor or administrator.

A judgment against the executor or administrator

Offsets Within fifteen (15) days after service of a

shall be that he pay, in due course of administration,

copy of the claim on the executor or administrator, he

the amount ascertained to be due, and it

shall

1. shall not create any lien upon the property of


the estate,

1. file his answer admitting or denying the claim


specifically, and setting forth the admission or

2. or give to the judgment creditor any priority of

denial.

payment.

2. If he has no knowledge sufficient to enable him to


admit or deny specifically, he shall state such want
of knowledge.

Section 14.

3. The executor or administrator in his answer shall

answer, admits and offers to pay part of a


claim,

allege in offset any claim which the decedent


before death had against the claimant, and his

b. and the claimant refuses to accept the amount


offered in satisfaction of his claim,

failure to do so shall bar the claim forever.


4. A copy of the answer shall be served by the
executor or administrator on the claimant.
5. The court in its discretion may extend the time for
filing such answer.
15

Special Proceedings Rule 73 to Rule 91 | Himay ni Chay

Costs.

a. When the executor or administrator, in his

c.

if he fails to obtain a more favorable judgment,


he cannot recover costs,

d. but must pay to the executor or administrator


costs from the time of the offer.

1. Where an action commenced against the


deceased for money has been discontinued

Section 5.

2. and the claim embraced therein presented as


in this rule provided,
his

action

up

A mortgage belonging to the estate of a


deceased person, as mortgagee or assignee of the

3. the prevailing party shall be allowed the costs


of

Mortgage due estate may be foreclosed.

to

the

time

of

its

discontinuance.

right or a mortgage, may be foreclosed by the


executor or administrator.
Section 6.

Proceedings when property concealed,

embezzled, or fraudulently conveyed. If an executor


RULE 87 Actions By and Against Executors and

or administrator, heir, legatee, creditor or other


individual interested in the estate of the deceased,

Administrators

1. complains to the court having jurisdiction of the


Section 1.

estate that a person is suspected of having

Actions which may and which may not

concealed, embezzled, or conveyed away any of

be brought against executor or administrator.


o

the money, goods, or chattels of the deceased,

No action upon a claim for the recovery of


money or debt or interest thereon shall be

2. or that such person has in his possession or has

commenced against the executor or administrator;

knowledge of any deed, conveyance, bond,

but the following may be commenced against him

contract,

1. to recover real or personal property, or an

evidence of or tends or discloses the right, title,

or

other

writing

which

contains

interest, or claim of the deceased,

interest therein, from the estate,


2. or to enforce a lien thereon,
3. and actions to recover damages for an injury

The court may cite such suspected person to


appear before it any may examine him on oath on

to person or property, real or personal,.

the matter of such complaint; and if the person so


Executor or administrator may bring or

cited refuses to appear, or to answer on such

defend actions which survive. For the recovery or

examination or such interrogatories as are put to him,

protection of the property or rights of the

the court may

Section 2.

deceased, an executor or administrator may bring or

1.

punish him for contempt,

defend, in the right of deceased, actions for causes

2. and may commit him to prison until he submits


to the order of the court.

which survive.
Heir may not sue until shall assigned

The interrogatories put any such person, and his

1. When an executor or administrator is appointed

answers thereto, shall be in writing and shall be filed in

Section 3.

the clerk's office.

and assumes the trust,


2. no action to recover the title or possession of
lands or for damages done to such lands shall be

Section 7.

maintained against him by an heir or devisee

to render account.

3. until there is an order of the court assigning such

Person entrusted with estate compelled

a. The court, on complaint of an executor or


administrator,

lands to such heir or devisee


4. or until the time allowed for paying debts has

b. may cite a person entrusted by an executor or


administrator with any part of the estate of the

expired.

deceased to appear before it,


Section 4.

Executor

or

administrator

may

c.

and may require such person to render a full

compound with debtor. Within the approval of the

account, on oath, of the money, goods,

court, an executor or administrator may compound

chattels, bonds, account, or other papers

with the debtor of the deceased for a debt due, and

belonging to such estate as came to his

may give a discharge of such debt on receiving a just

possession in trust for such executor or

dividend of the estate of the debtor.

administrator, and of his proceedings thereon;


d. and if the person so cited refuses to appear

16

Special Proceedings Rule 73 to Rule 91 | Himay ni Chay

to render such account, the court may punish

b. and the deceased in his lifetime had made or

him for contempt as having disobeyed a

attempted such a conveyance, as is stated in the

lawful order of the court.

last preceding section,


c.

Embezzlement before letters issued

Section 8.

and the executor or administrator has not


commenced the action therein provided for,

a. If a person, before the granting of letters

d. any creditor of the estate may, with the

testamentary or of administration on the estate of

permission of the court, commence and

the deceased,

prosecute to final judgment, in the name of the

b. embezzles or alienates any of the money, goods,

executor or administrator, a like action for the

chattels, or effects of such deceased,

recovery of the subject of the conveyance or


attempted conveyance for the benefit of the

c. such person shall be liable to an action in favor of

creditors.

the executor or administrator of the estate for


double the value of the property sold,

e.

But the action shall not be commenced until

embezzled, or alienated, to be recovered for

the creditor has filed in a court a bond executed

the benefit of such estate.

to the executor or administrator, in an amount


approved by the judge, conditioned to indemnify

Section 9.

Property

fraudulently

conveyed

by

the executor or administrator against the costs and

deceased may be recovered. When executor or


administrator must bring action.

expenses incurred by reason of such action.


f.

Such creditor shall have a lien upon any

1. When there is a deficiency of assets in the

judgment recovered by him in the action for such

hands of an executor or administrator for the

costs and other expenses incurred therein as the

payment of debts and expenses of administration,

court deems equitable.

2. and the deceased in his lifetime had conveyed

g. Where the conveyance or attempted conveyance

real or personal property, or a right or interest

had been made by the deceased in his lifetime in

therein, or an debt or credit, with intent to defraud

favor of the executor or administrator,

his creditors or to avoid any right, debt, or duty;

the action which a credit may bring shall be in

3. or had so conveyed such property, right, interest,


debt or credit that by law the conveyance would

the name of all the creditors,


and permission of the court and filing of bond

be void as against his creditors,

as above prescribed, are not necessary.

4. and the subject of the attempted conveyance


would be liable to attachment by any of them in

RULE 88 Payment of the Debts of the Estate

his lifetime,
5. the executor or administrator may commence and

Section 1.

Debts paid in full if estate sufficient. If,

prosecute to final judgment an action for the

after hearing all the money claims against the estate,

recovery of such property, right, interest, debt, or

and after ascertaining the amount of such claims, it

credit for the benefit of the creditors;

appears that there are sufficient assets to pay the

6. but he shall not be bound to commence the


action unless on application of the creditors

debts, the executor or administrator pay the same


within the time limited for that purpose.

of the deceased, not unless

the creditors making the application pay

Section 2.

such part of the costs and expenses,

when provision made by will.

or give security therefor to the executor

1. If the testator makes provision by his will,

or administrator, as the court deems

2. or designates the estate to be appropriated for the

equitable.

payment

Part of estate from which debt paid

of

his

debts,

the

expenses

of

administration, or the family expenses,


Section 10.

When creditor may bring action. Lien for

costs.

the will;

a. When there is such a deficiency of assets,


17

3. they shall be paid according to the provisions of

Special Proceedings Rule 73 to Rule 91 | Himay ni Chay

4. but if the provision made by the will or the estate


appropriated, is not sufficient for that purpose,

1. But if the claim is not so presented, after having

such part of the estate of the testator, real or

become absolute, within said two (2) years, and

personal, as is not disposed of by will, if any

allowed,

shall be appropriated for that purpose.

2. the assets retained in the hands of the executor or


administrator, not exhausted in the payment of

Section 3.

Personalty first chargeable for debts,

claims, shall be disturbed by the order of the court

then realty.

to the persons entitled to the same;

a. The personal estate of the deceased not

3. but the assets so distributed may still be applied to

disposed of by will shall be first chargeable with the

the payment of the claim when established, and

payment of debts and expenses;

the creditor may maintain an action against

b. and if said personal estate is not sufficient for tat


purpose, or its sale would redound to the detriment
c.

the distributees to recover the debt,


4. and such distributees and their estates shall be

of the participants for the estate,

liable for the debt in proportion to the estate they

the whole of the real estate not dispose of by

have respectively received from the property of

will, or so much thereof as is necessary, may be

the deceased.

sold, mortgaged, or otherwise encumbered for that


purpose by the executor or administrator, after

Section 6.

obtaining the authority of the court therefor.

devisees, legalitees, or heirs have been possession.

d. Any deficiency shall be met by contributions in


accordance with the provisions of section 6 of this

Court to fix contributive shares where

a. Where devisees, legalitees, or heirs have

rule.

entered into possession of portions of the estate


b. before the debts and expenses have been settled

Section 4.

Estate to be retained to meet contingent

claims. If the court is satisfied that a contingent

and paid,
c.

and have become liable to contribute for the


payment of such debts and expenses,

claim duly filed is valid, it may


1. order the executor or administrator to retain in

d. the court having jurisdiction of the estate may, by

his hands sufficient estate to pay such

order for that purpose, after hearing, settle the

contingent claim when the same becomes

amount of their several liabilities, and order how

absolute,

much and in what manner each person shall

2. or if the estate is insolvent, sufficient to pay a

contribute,

portion equal to the dividend of the other

and

may

issue

execution

as

circumstances require.

creditors.
Section 5.

How

contingent

claim

becoming

Section 7.

Order of payment if estate insolvent If

absolute in two years allowed and paid. Action against

the assets which can be appropriated for the

distributees later.

payment of debts are not sufficient for that purpose,

a. If such contingent claim becomes absolute

the executor or administrator shall pay the debts

b. and is presented to the court, or to the executor or

against the estate, observing the provisions of Articles

administrator, within two (2) years from the time

1059 and 2239 to 2251 of the Civil Code. (concurrence

limited for other creditors to present their claims,

and preference of credit)

c. it may be allowed by the court if not disputed by


the executor or administrator and,
d.

if disputed, it may be proved and allowed or


disallowed by the court as the facts may warrant.

Section 8.
claims.

a. If there are no assets sufficient to pay the credits of


any once class of creditors

e. If the contingent claim is allowed, the creditor


shall receive payment to the same extent as the

b. after paying the credits entitled to preference over

other creditors if the estate retained by the


executor or administrator is sufficient.
18

Special Proceedings Rule 73 to Rule 91 | Himay ni Chay

Dividends to be paid in proportion to

it,
c.

each creditor within such class shall be paid a

dividend in proportion to his claim.

the creditors, as the circumstances of the estate


require and in accordance with the provisions of

d. No creditor of any one class shall receive any

this rule.

payment until those of the preceding class are


paid.

Section 12.
Section 9.

Orders relating to payment of debts

where appeal is taken. If an appeal has been taken

Estate of insolvent non-resident, how

disposed of.

from a decision of the court concerning a claim,

1. In case administration is taken in the Philippine of

the court may

the estate of a person who was at the time of his

1. suspend the order for the payment of the debts

death an inhabitant of another country,

2. or may order the distributions among the creditors

2. and who died insolvent,

whose claims are definitely allowed, leaving in the

3. his estate found in the Philippines shall, as far as

hands of the executor or administrator sufficient

practicable, be so disposed of that his creditors

assets to pay the claim disputed and appealed

here and elsewhere may receive each an equal

3. . When a disputed claim is finally settled the court

share, in proportion to their respective credits.

having jurisdiction of the estate shall order the


same to be paid out of the assets retained to the

Section 10.

When and how claim proved outside the

same extent and in the same proportion with the

Philippines against insolvent resident's estate paid.

claims of other creditors.

a. If it appears to the court having jurisdiction that


claims have been duly proven in another country

Section 13.

against the estate of an insolvent who was at

ordered.

the time of his death an inhabitant of the

1. If the whole of the debts are not paid on the first


distribution,

Philippines,
b. and that the executor or administrator in the
Philippines had knowledge of the presentation of

2. and if the whole assets are not distributed,


3. or other assets afterwards come to the hands of the

such claims in such country and an opportunity to


contest their allowance,
c.

When subsequent distribution of assets

executor or administrator,
4. the court may from time to time make further

the court shall receive a certified list of such

orders for the distributions of assets.

claims, when perfected in such country,


d. and add the same to the list of claims proved

Section 14.

Creditors to be paid in accordance with

against the deceased person in the Philippines so

terms of order. When an order is made for the

that a just distribution of the whole estate may be

distribution of assets among the creditors, the

made equally among all its creditors according to

executor or administration shall, as soon as the time of

their respective claims;

payment arrives, pay the creditors the amounts of their

e. but the benefit of this and the preceding sections


shall not be extended to the creditors in another

claims, or the dividend thereon, in accordance with the


terms of such order.

country if the property of such deceased person


there found is not equally apportioned to the

Section 15.

creditors residing in the Philippines and the other

or extended after notice, within what periods.

creditor, according to their respective claims.

(Reciprocity Rule)

Time for paying debts and legacies fixed,

On granting letters testamentary or administration


the

court

shall

allow

to

the

executor

or

administrator a time for disposing of the estate and


Section 11.

Order for payment of debts.

paying the debts and legacies of the deceased,

1. Before the expiration of the time limited for the

which shall not, in the first instance, exceed

payment of the debts,


2. the court shall order the payment thereof,

one (1) year;


o

but the court may, on application of the executor or

3. and the distribution of the assets received by the

administrator and after hearing on such notice of

executor or administrator for that purpose among

the time and place therefor given to all persons

19

Special Proceedings Rule 73 to Rule 91 | Himay ni Chay

interested as it shall direct, extend the time as the

and where a testator has not otherwise made

circumstances of the estate require

sufficient provision for the payment of such debts,

not exceeding six (6) months for a single

expenses, and legacies,

extension not so that the whole period allowed

to the original executor or administrator shall

or administrator

exceed two (2) years.

the court, on the application of the executor


and on written notice of the heirs, devisees,
and legatees residing in the Philippines,

Section 16.

Successor

of

dead

executor

or

may authorize the executor or administrator to

administrator may have time extended on notice within

sell, mortgage, or otherwise encumber so

certain period.

much as may be necessary of the real estate,

a. When an executor or administrator dies, and a new

in lieu of personal estate,

administrator of the same estate is appointed,

for the purpose of paying such debts,

b. the court may extend the time allowed for the

expenses, and legacies, if it clearly appears

payment of the debts or legacies beyond the

that such sale, mortgage, or encumbrance

time

would be beneficial to the persons interested;

allowed

to

the

original

executor

or

administrator,
c.

and if a part cannot be sold, mortgaged, or

not exceeding six (6) months at a time and not

otherwise encumbered without injury to

exceeding six (6) months beyond the time which

those interested in the remainder, the authority

the court might have allowed to such original

may be for the sale, mortgage, or other

executor or administrator;

encumbrance of the whole of such real estate,

d. and notice shall be given of the time and place


for hearing such application, as required in the
last preceding section.

or so much thereof as is necessary or


beneficial under the circumstances.
Section 3.

Persons interested may prevent such

sale, etc., by giving bond. No such authority to


RULE 89 Sales, Mortgages, and Other

sell, mortgage, or otherwise encumber real or

Encumbrances of Property of Decedent

personal estate shall be granted if any person


interested in the estate gives a bond, in a sum to be

Section 1.

fixed by the court, conditioned to pay the debts,

Order of sale of personalty.

1. Upon the application of the executor or

expenses of administration, and legacies within


such time as the court directs; and such bond shall be

administrator,
2. and on written notice to the heirs and other

for the security of the creditors, as well as of the


executor or administrator, and may be prosecuted for

persons interested,
3. the court may order the whole or a part of the

the benefit of either.

personal estate to be sold,


4.

if it appears necessary for the purpose of paying

Section 4.

When court may authorize sale of estate

debts, expenses of administration, or legacies, or

as beneficial to interested persons. Disposal of

for the preservation of the property.

proceeds. When it appears that the sale of the


whole or a part of the real or personal estate, will be

Section 2.

When

court

may

authorize

sale,

mortgage, or other encumbrance of realty to pay debts


and legacies through personalty not exhausted.
o

When the personal estate of the deceased is


not sufficient to pay the debts, expenses of

beneficial to the heirs, devisees, legatees, and other


interested persons,
1. the court may, upon application of the executor
or administrator
2. and on written notice to the heirs, devisees, and

administration, and legacies,

legatees who are interested in the estate to be

or where the sale of such personal estate may

sold,

injure the business or other interests of those


interested in the estate,

3. authorize the executor or administrator to sell the


whole or a part of said estate,
4. although not necessary to pay debts, legacies, or

20

Special Proceedings Rule 73 to Rule 91 | Himay ni Chay

expenses of administration; but such authority

the expenses of administration,

shall not be granted if inconsistent with the

the legacies, the value of the personal estate,

provisions of a will.

the situation of the estate to be sold,

5. In case of such sale, the proceeds shall be

mortgaged, or otherwise encumbered,

assigned to the persons entitled to the estate in


the proper proportions.
Section 5.

When

court

and such other facts as show that the sale,


mortgage, or other encumbrance is necessary

may

authorize

sale,

or beneficial.

mortgage, or other encumbrance of estate to pay debts

(b) The court shall thereupon fix a time and place

and legacies in other countries. When the sale of

for hearing such petition, and cause notice stating

personal estate, or the sale, mortgage, or other

the nature of the petition,

encumbrance of real estate is not necessary to pay

the reasons for the same,

the debts, expenses of administration, or legacies

and the time and place of hearing,

in the Philippines, but it appears from records and

to be given personally or by mail to the

proceedings of a probate court in another country that

persons interested,

a. the estate of the deceased in such other


country is not sufficient to pay the debts,

by publication or otherwise, as it shall deem

expenses of administration, and legacies

proper;

there,
b.

and may cause such further notice to be given,

(c) If the court requires it, the executor or

the court here may authorize the executor or

administrator shall give an additional bond, in such

administrator to sell the personal estate or to

sum as the court directs, conditioned that such

sell, mortgage, or otherwise encumber the real

executor or administrator will account for the proceeds

estate for the payment of debts or legacies

of the sale, mortgage, or other encumbrance;

in the other country, in same manner as for

(d) If the requirements in the preceding subdivisions

the payment of debts or legacies in the

of this section have been complied with, the court, by

Philippines.

order stating such compliance, may authorize the


executor or administrator to sell, mortgage, or

Section 6.

When

court

may

authorize

sale,

otherwise encumber, in proper cases, such part of the

mortgage, or other encumbrance of realty acquired on

estate as is deemed necessary, and in case of sale

execution or foreclosure. The court may authorize

the court may authorize it to be public or private, as

an executor or administrator to sell mortgage, or

would be most beneficial to all parties concerned. The

otherwise encumber real estate acquired by him on

executor or administrator shall be furnished with a

execution or foreclosure sale, under the same

certified copy of such order;

cicumstances and under the same regulations as

(e) If the estate is to be sold at auction, the mode of

prescribed in this rule for the sale, mortgage, or other

giving notice of the time and place of the sale shall be

encumbrance of other real estate.

governed by the provisions concerning notice of


execution sale;

Section 7.

Regulation for granting authority to sell,

(f)

There shall be recorded in the registry of

mortgage, or otherwise encumber estate. The court

deeds of the province in which the real estate thus

having jurisdiction of the estate of the deceased

sold, mortgage, or otherwise encumbered is situated,

may authorize the executor or administrator to sell

a certified copy of the order of the court,

personal estate, or to sell, mortgage, or otherwise

together with the deed of the executor or

encumber real estate, in cases provided by these rules

administrator for such real estate, which shall

and when it appears necessary or beneficial under

be as valid as if the deed had been executed

the following regulations.

by the deceased in his lifetime.

(a) The executor or administrator shall file a


written petition setting forth

the debts due from the deceased,

Section 8.

When court may authorize conveyance

of realty which deceased contracted to convey. Notice.


Effect of deed. Where the deceased was in his

21

Special Proceedings Rule 73 to Rule 91 | Himay ni Chay

estate,

lifetime under contract, binding in law, to deed real


property, or an interest therein, the court having

2. and after hearing upon notice, shall assign the

jurisdiction of the estate may,

residue of the estate to the persons entitled to

1. on application for that purpose, authorize the

the same, naming them and the proportions, or

executor or administrator to convey such


property according to such contract, or with

2.

parts, to which each is entitled,


3. and such persons may demand and recover their

such modifications as are agreed upon by the

respective

parties and approved by the court;

administrator, or any other person having the

and if the contract is to convey real property


to the executor or administrator, the clerk of

shares

from

the

executor

or

same in his possession.


4.

If there is a controversy before the court as to

court shall execute the deed. The deed

who are the lawful heirs of the deceased person

executed by such executor, administrator, or

or as the distributive shares to which each person

clerk of court shall be as affectual to convey

is entitled under the law, the controversy shall

the property as if executed by the deceased in

be heard and decided as in ordinary cases.

his lifetime;
3.

but no such conveyance shall be authorized

No distribution shall be allowed until the payment

until notice of the application for that purpose

of the obligations above mentioned has been

has been given personally or by mail to all

made or provided for,

persons interested, and such further notice

unless the distributees, or any of them, give a

has been given, by publication or otherwise,

bond, in a sum to be fixed by the court,

as the court deems proper;

conditioned for the payment of said obligations

4. nor if the assets in the hands of the executor or

within such time as the court directs.

administrator will thereby be reduced so as to


prevent a creditor from receiving his full debt

Section 2.

or diminish his dividend.

determined.

Section 9.

When court may authorize conveyance

of lands which deceased held in trust. Where the


deceased in his lifetime held real property in trust
for another person,
a. the court may after notice given as required in
the last preceding section,
b. authorize the executor or administrator to deed

Questions as to advancement to be

1. Questions as to advancement made, or alleged


to have been made, by the deceased to any heir
2. may be heard and determined by the court
having jurisdiction of the estate proceedings;
3. and the final order of the court thereon shall be
binding on the person raising the questions and on
the heir.

such property to the person, or his executor or


administrator, for whose use and benefit it was
so held;

Section 3.

By whom expenses of partition paid.

a. If at the time of distribution the executor or

c. and the court may order the execution of such

administrator has retained sufficient effects in

trust, whether created by deed or by law.

his hands which may lawfully be applied for


the expenses of partition of the properties

RULE 90 Distribution and Partition of the Estate

distributed,
b. such expenses of partition may be paid by such

When order for distribution of reside

executor or administrator when it appears

made. When the debts, funeral charges, and

equitable to the court and not inconsistent with

expenses of administration, the allowance to the widow,

the intention of the testator;

Section 1.

and inheritance tax, if any, chargeable to the estate in


accordance with law, have been paid,
1. the court, on the application of the executor or
administrator, or of a person interested in the

c. otherwise, they shall be paid by the parties in


proportion to their respective shares or interest in
the premises, and the apportionment shall be
settled and allowed by the court,
d. and, if any person interested in the partition does

22

Special Proceedings Rule 73 to Rule 91 | Himay ni Chay

not pay his proportion or share, the court may

and no sufficient cause being shown to the

issue an execution in the name of the executor

contrary,

or administrator against the party not paying the


sum assessed.
Section 4.

the court shall adjudge that the estate of the estate

Recording the order of partition of estate.

of the deceased in the Philippines, after the

Certified copies of final orders and judgments of the

payment of just debts and charges, shall escheat; and

court relating to the real estate or the partition thereof

shall, pursuant to law, assign

shall be recorded in the registry of deeds of the

1. the personal estate to the municipality or city

province where the property is situated.

where he last resided in the Philippines,


2. and the real estate to the municipalities or
cities, respectively, in which the same is

RULE 91 Escheats

situated.
When an by whom petition filed.

Section 1.

1. When a person dies intestate,

If the deceased never resided in the Philippines,

2. seized of real property in the Philippines,

the whole estate may be assigned to the respective

3. leaving no heir or person by law entitled to the

municipalities or cities where the same is located. Shall


estate shall be for the benefit of

same,

1. public schools,

4. the Solicitor General or his representative in

2. and public charitable institutions and centers in

behalf of the Republic of the Philippines, may file

said municipalities or cities.

a petition in the Court of First Instance of the


province where
a. the deceased last resided

The court, at the instance of an interested party, or on

b. or in which he had estate, if he resided out of

its own motion, may order the establishment of a


permanent trust, so that the only income from the

the Philippines,
5. setting forth the facts, and praying that the estate

property shall be used.

of the deceased be declared escheated.


Section 4.
Order for hearing. If the petition is

Section 2.

sufficient in form and substance, the court, by an

When and by whom claim to estate filed.

1. If a devisee, legatee, heir, widow, widower, or


other person entitled to such estate appears

order reciting the purpose of the petition,


1. shall fix a date and place for the hearing

and files a claim thereto with the court within

thereof, which date shall be not more than

five (5) years from the date of such judgment,

six (6) months after the entry of the order,


2. and shall direct that a copy of the order be

2. such person shall have possession of and title


to the same,

published before the hearing at least once

3. or if sold, the municipality or city shall be

a week for six (6) successive weeks in

accountable to him for the proceeds after

some

deducting reasonable charges for the care of

newspaper

of

general

circulation

published in the province, as the court shall be

the estate.
But a claim not made within the said time shall be

deem best.

forever barred.
Section 3.

Hearing

and

judgment.

Upon
Other actions for escheat. Until

satisfactory proof in open court on the date fixed in the

Section 5.

order that

otherwise provided by law, actions reversion or

1. such order has been published as directed

escheat of properties alienated in violation of the

2. and that the person died intestate, seized of

Constitution or of any statute shall be governed by

real or personal property in the Philippines,

this rule, except that the action shall be instituted in the

leaving no heir or person entitled to the same,

province where the land lies in whole or in part.

23

Special Proceedings Rule 73 to Rule 91 | Himay ni Chay