1. JURISDICTION: General Rule; Regional Trial Court.

Exceptions:
a. Metropolitan Trial Court has jurisdiction in the following cases:
 PROBATE PROCEEDINGS whether testate or intestate, where the gross value of the estate does
not exceed P300,000 (outside Metro Manila) or does not exceed P400,000 (within Metro Manila)
EXCLUSIVE of interest, damages of whatever kind, attorney’s fees, litigation expenses and
costs.
 DELEGATED JURISDICTION in Cadastral and Land Registration cases covering lots where there is
no controversy or opposition or contested lots where the value of which does not exceed
P100,000;
NOTE: Appeal is taken to the CA not to the RTC since MTC is equal to RTC in this instance.
 SPECIAL JURISDICTION: Petitions for writ of habeas corpus in case of absence of RTC Judges.
b. The SC and the CA have original jurisdiction over habeas corpus cases, concurrent with the RTC.
c. Family Courts have jurisdiction over petitions for guardianship over the person and property, or both, of
a minor as well as over the petitions for adoption.
2. Applicability of rules of civil actions. In the absence of special provisions, the rules provided for in ordinary
actions shall be, as far as practicable, applicable in special proceedings.
ORDINARY ACTION SPECIAL PROCEEDINGS
To protect or enforce a right or Involves the establishment of the right, status or fact.
prevent or redress a wrong.
It involves two or more parties. It may involve only one party.
It is governed by ordinary rules It is governed by special rules supplemented by ordinary rules.
supplemented by special rules.
It is heard by courts of general It is heard by courts of limited jurisdiction.
jurisdiction.
Initiated by a pleading and parties Initiated by means of a petition and parties respondent by mean of
respond through Answer. an opposition.

ORDINARY CIVIL ACTION SPECIAL CIVIL ACTION SPECIAL PROCEEDING

One by which a party sues another
for the enforcement or protection of
a right or the prevention or redress
of a wrong.
Governed by the rules for ordinary
civil actions.
Involves two or more parties.
Initiated by complaint.
Based on cause of action.
Civil action subject to specific rules.
Ordinary rules apply primarily but
subject to specific rules.
Involves two or more parties.
Some are initiated by complaint
while some are initiated by petition.
Some special civil actions have no
cause of action.
Remedy by which a party
seeks to establish a status, a
right or particular fact.
Governed by special rules and
ordinary rules apply
suppletorily.
May involve only one party.
Initiated by petition.
Not based on a cause of
action. (except habeas
corpus)

3. PROCEDURE IN SETTLEMENT PROCEEDING:

FIRST: Probate of the will, if any (Rules 75-76)
SECOND: Issuance of Letters Testamentary/of Administration (A special administrator may be appointed)
THIRD: Filing of Claims (Rule 86)
FOURTH: Payment of Claims Sale/Mortgage/Encumbrance of Properties of the Estate
FIFTH: Distribution of Residue, if any (but this can be made even before payment if bond is filed by the
heirs)
4. Different modes of settlement of estate of a deceased person:
a. Extrajudicial Settlement of Estate;
b. Summary Settlement of Estate of Small Value;
c. Partition;
d. Probate of Will;
e. Petition for letters of Administration in cases of intestacy.
5. PROPER VENUE: INHABITANT (RESIDENT) of the Philippines, whether citizen or alien – Court of the
province/city where he resides at the time of death. INHABITANT (RESIDENT) of foreign country – Court of
any province wherein he had his estate.
6. RESIDENCE means his personal, actual or physical habitation, his actual residence or place of abode. (Fule
v. CA)
7. Settlement may be extrajudicial or judicial settlement. In judicial settlement, testate or intestate proceeding
instituted in the country where decedent had his residence or had estate if a nonresident.
8. PROBATE COURTS are courts of LIMITED jurisdiction. It may only determine and rule upon issues relating to
the settlement of estate, namely; administration of the estate; liquidation of the estate; and,
distribution of the estate.
9. GR: Probate court cannot determine issue of ownership.
10. EXPNS: a. Provisionally, ownership may be determined for the purpose of including property in inventory,
without prejudice to its final determination in a separate action; or b. when all the parties are heirs and they
submit the issue of ownership to the probate court provided that the rights of third parties are not
prejudiced; c. question is one of collation or advancement; d. when the parties consent to the assumption
of jurisdiction by the probate court and the rights of third person are not impaired.
11. OTHER QUESTIONS WHICH THE PROBATE COURT CAN DETERMINE:
a. Who the heirs of the decedent are;
b. The recognition of a natural child;
c. The validity of disinheritance effected by the testator;
d. Status of a woman who claims to be the lawful wife of the decedent;
e. The validity of a waiver of hereditary rights;
f. The status of each heir;
g. Whether property in inventory is conjugal or exclusive property of deceased spouse;
h. Matters incidental or collateral to the settlement and distribution of the estate.
12. PRINCIPLE OF EXCLUSIONARY RULE. The court first taking cognizance of the settlement of the estate of
the decent shall exercise jurisdiction to the exclusion of all other courts. The probate court acquires
jurisdiction from the moment the petition for the settlement of estate is filed with said court. It cannot be
divested of such jurisdiction by the subsequent acts of the parties as by entering into extrajudicial partition
of the estate; or by filing another petition for settlement in a proper court of concurrent venue.
13. EXCEPTION; ESTOPPEL BY LACHES. Jurisdiction under Rule 73 Sec. 1 does not relate o jurisdiction per se
but to venue. Hence, institution in the court where the decedent is neither an inhabitant nor had his estate
may be waived.
14. REMEDY IF VENUE IS IMPROPERLY LAID. Ordinary appeal not certiorari or mandamus unless want of
jurisdiction appears on the record of the case. Testate proceedings take precedence over intestate
proceedings for the same estate.
15. If during the pendency of intestate proceedings, a will of the decedent is discovered,
proceedings for the probate of the will shall replace the intestate proceedings even if an
administrator had already been appointed therein.
16. Section 2. Where the estate settled upon dissolution of marriage. Upon the death of either the husband or
the wife, the partnership affairs must be liquidated in the testate or intestate proceedings of the deceased
husband or wife. If both have died, liquidation may be made in the testate or intestate proceedings of
either.
17. Section 3. Process. The RTC may issue warrants and processes to compel the attendance of witnesses.
18. Writ of Execution. General rule, probate court cannot issue writ of execution. Its orders usually refer to
the adjudication of claims against the estate which the executor/administrator may satisfy without the need
of executory process.
Exceptions:
a. To satisfy the contributive share of the devisees, legatees and heirs when the latter had entered prior
possession over the estate; (Sec. 6, Rule 88);
b. To enforce payment of expenses for partition; (Sec. 3, Rule 90);
c. To satisfy the costs when a person is cited for examination in probate proceedings. (Sec. 13, Rule 142)
19. Section 4. PRESUMPTION OF DEATH. There can be no independent action for declaration of presumptive
death except for purposes of remarriage.
20. RULE 74. SUMMARY SETTLEMENT OF ESTATES. General Rule: If a person dies, his estates is submitted
to a judicial settlement proceeding. Exception: The heirs may resort to extrajudicial settlement of estate; or,
summary settlement of estate (must be conducted in accordance with regular procedure not under rules of
summary procedure) Note that an administrator or executor need not be appointed under the
exceptions.
21. Section 1. Extrajudicial Settlement by agreement between heirs. The REQUISITES are as follows:
Substantive-the decent left no will, no debts and the heirs are all of age or the minors are represented by
their judicial or legal representatives duly authorized for the purpose. Procedural-the division of estate
 must be in a public instrument or by affidavit of adjudication in the case of sole heir; filed with proper
Registry of Deeds; publication of notice of the fact of extrajudicial settlement once a week for 3 consecutive
weeks; and, payment of bond filed equivalent to the value of personal property. Note that bond is
required only when personalty is involved. IF IT IS REAL ESTATE, it shall be subject to a lien in favor of
creditors, heirs or other persons for the full period of 2 years form such distribution and such lien cannot be
substituted by a bond.
22. The bond is the value of the personal property certified by the parties under oath and conditioned upon
payment of just claims filed under Section 4, Rule 74.
23. Is a public instrument necessary for the validity of an extrajudicial settlement? NO. Private
instrument/document or oral agreement of partition as well as a compromise agreement entered without
previous authority of the court is valid among the heirs who participated in the extrajudicial settlement. The
requirement under Section 1, Rule 74 that it must be in a public instrument is NOT constitutive of the
validity but merely EVIDENTIARY in nature.
EXTRAJUDICIAL SETTLEMENT SUMMARY SETTLEMENT
No court intervention. Requires summary judicial adjudication.
Value of the estate is immaterial. Gross estate must not exceed P10k.
Allowed only in intestate succession. Allowed in both testate and intestate.
There must be no outstanding debts of the estate at It is available even if there are debts; it is the court
the time of settlement. which will make provision for its payment.
Resorted at the instance and by agreement of all May be instituted by any interested party even a
heirs. creditor of the estate without the consent of all
heirs.
Amount of bond is equal to the value of personal Amount of the bond is to be determined by the court
property.
24. While the rules provide that the decedent must not have left any debts, it is sufficient if any debts he may
have left have been paid at the time of the extrajudicial settlement is entered into.
25. DISPUTABLE PRESUMPTION THAT DECEDENT LEFT NO DEBTS. If no creditor files a petition for letter
of administration within 2 years after the death of the decedent.
26. Section 1, Rule 74 does not preclude heirs from instituting administration proceedings even if the estate has
no debts or obligations, if they do not desire to resort, for GOOD REASONS, to an ordinary action for
partition. Good reason depends on the circumstances of each case.
27. Section 2. SUMMARY SETTLEMENT OF ESTATES OF SMALL VALUE. The gross value of the estate must
not exceed P10k. Note that the amount is jurisdictional. In accordance with BP Blg. 129, the summary
settlement of estates of small value is within the jurisdiction of the MTCs.
IMPORTANT REQUIREMENTS:
a. Application must contain allegation of gross value of estate;
b. Date for hearing;
aa. Shall be set by the court NOT LESS THAN 1 MONTH nor more than 3 MONTHS form the date of las
publication of notice;
bb. Order of hearing published ONCE A WEEK FOR 3 CONSECUTIVE WEEKS in a newspaper of general
circulation.
cc. Notice shall be served upon such interested persons as the court may direct;
dd. BOND. Amount fixed by the court (not value of personal property) conditioned upon payment of just
claims under Section 4.
28. Section 3. Bond to be filed by the distributes. Section 4. Liability of distributes and estate.
29. WHEN SETTLEMENT OF ESTATES IN THE COURTS MAY BE COMPELLED:
a. If there is an undue deprivation of lawful participation in the estate;
b. The existence of debts against the estate; or
c. If there is an undue deprivation of lawful participation payable in money.
30. Note that the bar against distributees form objecting to an extrajudicial partition after the expiration of two
years is applicable only to persons who have participated or taken part or had notice of the extrajudicial
partition, and when all the persons or heirs of the decedent have taken part in the extrajudicial settlement.
31. REMEDIES OF THE AGGRIEVED PARTIES AFTER SETTLEMENT OF THE ESTATE:
1. WITHIN TWO (2) YEARS – claims against the bond or the real estate;
2. Rescission in case of preterition of compulsory heirs in partition tainted with bad faith;
3. Reconveyance of real property;
4. Action to annul a deed of extrajudicial settlement on the ground of fraud which should be filed within 4
years form the discovery of fraud.
32. An heir deprived of his share may file an action for reconveyance based on an implied or constructive trust
which prescribes 10 years from the date of registration or date of issuance of certificate of title or form
actual discovery of fraud if the registration was made in bad faith.
33. Where the estate has been summarily settled, the unpaid creditor may, within 2 years, file a motion in court
wherein such summary settlement was had, for the payment of his credit. After the lapse of 2 years, an
ordinary action may be instituted against the distributees within the statute of limitations but
not against the bond.
34. Section 5. Period for claim of minor or incapacitated person. If on the date of the expiration of the two-year
period, the creditor or heir is a minor, or incapacitated, or in prison or outside the Philippines, he may
present his claim within one year after such disability is removed.
35. The 2 year lien upon the real property distributed by extrajudicial or summary settlement shall be annotated
on the title issued to the distributees and after 2 years will be canceled by the register of deeds without
need of court order.
36. Such lien cannot be discharged nor the annotation be cancelled within the 2 year period even if the
distributees offer to post a bond to answer for contingent claims from which lien is established.
37. RULE 75. PRODUCTION OF WILL; ALLOWANCE OF WILL NECESSARY
Nature of probate proceedings:
1. In rem. Binding on the whole world
2. Mandatory- no will shall pass either real or personal property unless it is proved and allowed in the
proper court. However a will may be sustained on the basis of Article 1080 of the Civil Code which states
that, if the testator should make a partition of his properties by an act inter vivos, or by will, such
partition shall stand in so far as it does not prejudice the legitime of the forced heir.
3. Imprescriptible. Because of the public policy to obey the will of the testator.
4. The doctrine of estoppel does not apply. The presentation and probate of the will is required by
public policy. It involves public interest.
38. GENERAL RULE: Probate does not look into the intrinsic validity of the will. The issue 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.

EXCEPTION: Principle of Practical Consideration

Waste of time, effort, expense plus added anxiety are the practical consideration that induce us to a belief
that we might as will meet head-on the issues of the validity of the provisions of the will in question.
39. THE CUSTODIAN OF THE WILL MUST DELIVER THE WIL LTO THE COURT OR TO THE EXECUTOR
WITHIN 20 DAYS AFTER HE LEARNS OF THE DEATH OF THE TESTATOR.
40. The executor of the will shall, within 20 days after he knows of the testator’s death or after he knows that
he is named an executor if he knows it after the testator’s death shall present the will to the court, unless it
has reached the court in any other manner, and signify in writing his acceptance or refusal of the trust.
41. Custodian and executor subject to a fine not exceeding P2k for neglect.
42. Section 5. Person retaining will may be committed.
43. RULE 76. Allowance and disallowance of will. PROBATE is the act of proving in a court a document
purporting to be a last will and testament of a deceased person in order that it may be officially recognized,
registered and its provisions carried insofar as they are in accordance with law.
44. Who may petition for the allowance of will? The executor, devisee or legatee named in the will, or
person interested in the estate (heirs), testator himself during his lifetime or any creditor as preparatory
step for filing his claim therein.
45. Who may be a party in probate? In general, any person having a direct and material interest in the will
or estate.
46. CONTENTS OF THE PETITION. The jurisdictional facts, the names, ages and residences of the heirs,
legatees, and devisees of the testator or decedent, the probable value and character of property of the
estate, the name of the person for whom letters are prayed and the name of the person having custody of
the will if it has not been delivered to court.
47. NO DEFECT in the petition shall render void the allowance of the will or the issuance of letters testamentary
or of administration with the will annexed.
48. EFFECT OF THE PROBATE OF THE WILL. It is conclusive as to the execution and the validity of the will,
even against the State. Thus a criminal case against the forger may not lie after the will has been probated.
49. ISSUE IN THE PROBATE OF A WILL. General rule, only determination of the extrinsic validity not the
intrinsic validity or testamentary dispositions. Except, where the entire or all testamentary disposition s are
void and where the defect is apparent on its face.
50. EXTRINSIC VALITY means due execution of the will.
51. When does court acquire jurisdiction over interested persons and res? Upon publication for 3 weeks
successively of the order setting the case for hearing and sending notices to all persons interested.
52. If the petition for probate is on testator’s own initiative during his lifetime (ante mortem), no publication is
necessary and notice shall be made only to the compulsory heirs.
53. The person to be given notice are those designated or known heirs, legatees and devisees, and executor
and co-executor if not the petitioner.
54. The modes for notification are as follows: IF BY MAIL, 20 days before hearing; IF THROUGH PERSONAL
SERVICE, 10 days before hearing.
55. At the hearing, compliance of publication and notice must first be shown before introduction of testimony in
support of the will.
56. EVIDENCE REQUIRED IN SUPPORT OF WILL:
UNCONTESTED WILL (Section 5) CONTESTED WILL (Section 11)

a. Notarial Wills – Testimony of at least 1 of the
subscribing witnesses may be allowed, if
such will was executed as is required by law.
*if all subscribing witnesses reside outside
the province, DEPOSITION is allowed.
*if the subscribing witnesses are dead,
insane, or none of the them resides in the
Philippines, the court may admit testimony
of other witnesses to prove the sanity of the
testator, and the due execution of the will,
and as evidence of the execution of the will,
it may admit proof of the handwriting of the
testator and of the subscribing witnesses or
of any of them.
b. Holographic wills – testimony of 1 witness
who knows the handwriting and signature of
the testator. In the absence thereof and if
the court deem it necessary, expert
testimony may be resorted to.
a. Notarial wills – ALL subscribing witnesses
and the notary public before whom the will
was acknowledged must be produced and
examined.
HOWEVER, if any or all the witnesses testify
against the execution of the will, do not
remember attesting thereto, or of doubtful
credibility, the will may be allowed if the
court is satisfied from the testimony of other
witnesses and from all the evidence
presented that the will was executed and
attested in the manner required by law.
b. Holographic wills – 3 witnesses who know
the hand writing of testator. In the absence
thereof and if the court deem it necessary,
testimony of an expert witness may be
resorted to.
HOWEVER, in Codoy vs. Calugay, the SC
ruled that if the holographic will is contested,
3 witnesses who know the handwriting and
signature of the testator are now
required/mandatory to prove its authenticity
and for its allowance.

57. General Rule: Holographic will if destroyed cannot be probated. Except, if there exists a photostatic or Xerox
copy thereof.
58. FACTS WHICH SHOULD BE PROVED in order that the lost or destroyed will may be allowed:
1. That the will has been duly executed by the testator;
2. That the will was in existence when testator died, or if it was not, that it has been fraudulently or
accidentally destroyed in the lifetime of the testator without his knowledge; and
3. The provisions of the will are clearly established by at least two credible witnesses.
59. EXCLUSIVE GROUNDS FOR THE DISALLOWANCE OF A WILL (FIDUS):
1. If not executed and attested as required by law, (formalities)
2. If the testator was insane or otherwise mentally incapable to make a will at the time of its execution;
3. If it was executed under duress or the influence of fear, or threats;
4. If it was procured by undue and improper pressure and influence, on the part of the beneficiary, or of
some other person for his benefit;
5. If the signature of the testator was procured by fraud or trick, and he did not intend that the instrument
should be his will at the time of fixing his signature thereto.
60. If the will has been executed in substantial compliance with the formalities of the law and the possibility of
bad faith and fraud is obviated, said will should be admitted to probate.
61. Separate wills which contain essentially the same provisions and pertain to properties which in all
probability are conjugal in nature practical considerations dictate their joint probate.
62. The contestant in the will must state in writing his grounds for opposing the allowance of the will and serve
a copy thereof to petitioner and other interested parties.
63. If there is no contest, the fact that the testator affirms that the holographic will and the signature are in his
own handwriting shall be sufficient evidence of the genuineness and due execution thereof. In case of
contest, the burden of proof is on the contestant.
64. Certificate of allowance attached to proved will shall be recorded to the Office of the Register of Deeds.
65. RULE 77. Allowance of will proved outside of Philippines and administration of estate thereunder. A will
allowed or probated in a foreign country, must be REPROBATED in the Philippines. If the decedent owns
properties in different countries, separate administration proceedings must be had in said countries.
66. TWO TYPES OF ESTATE PROCEEDINGS.
1. Principal administration is that which is granted in the jurisdiction of the decedent’s domicile.
2. Ancillary administration is the administration proceeding instituted where the decedent left his estate.
67. NECESSARY EVIDENCE FOR THE REPROBATE OF THE WILL.
1. The due execution of the will in accordance with the foreign laws;
2. The testator had his domicile in the foreign country and not in the Philippines;
3. The will has been admitted to probate in such country;
4. The fact that the foreign tribunal is a probate court;
5. The laws of a foreign country on procedure and allowance of wills.
NOTE that notice of hearing for allowance is also necessary.
68. Ancillary Administration REQUISITES:
1. There must be a will
2. Filing of copy of the will executed in foreign country; order or decree of foreign court allowing such will;
authentication of requisites a and b above and petition for allowance of the will;
3. Notice of time and place of hearing;
4. Hearing; and,
5. Certificate of allowance.
69. EFFECTS OF ALLOWANCE:
1. The will shall have the same effect as if originally proved and allowed in court of the Philippines;
2. Letters testamentary or administration with a will annexed shall extend to all estates of the Philippines;
3. Such estate, after the payment of just debts and expenses of administration shall be disposed of
according to the will, so far as such will may operate upon it, and the residue, if any, shall be disposed
of as provided by law in cases of estates in Philippines belonging to persons who are inhabitants of
another state or country.
70. RULE 78. LETTERS OF TESTAMENTARY AND OF ADMINISTRATION, WHEN AND TO WHOM ISSUED.
Who can administer the estate?
1. Executor;
2. Administrator; regular or special
3. Administrator with a will annexed
71. An EXECUTOR is the one named by the testator in his will for the administration of his property after his
death.
72. An ADMINISTRATOR is the one appointed by the court in accordance with the rules or governing statutes
to administer and settle the intestate estate or such testate estate, where the will was void and not allowed
to probate, or testator did not name any executor or that the executor so named refuses to accept the trust,
or fails to file a bond, or is otherwise incompetent.
73. An ADMINISTRATOR WITH A WILL ANNEXED is the one appointed by the court in cases when, although
there is a will, the will does not appoint any executor, or if appointed, said person is either incapacitated or
unwilling to serve as such.
74. Who may serve as an executor or administrator? Any COMPETENT person may serve as executor or
administrator.
75. Who are incompetent to serve as executors or administrators? Those who are minors, a non-resident, one
who in the opinion of the court is unfit to exercise the duties of the trust by reason of drunkenness,
improvidence, want of understanding or integrity, conviction for an offense involving moral turpitude.
EXECUTOR ADMINISTRATOR
Nominated by the testator and appointed by court Appointed by the court in case the testator did not
appoint an executor or if the executor refused
appointment (administrator with a will annexed) or if
the will was disallowed or if a person did not make a
will (intestate succession)
Must present will to the court within 20 days after he No such duty.
 knows of the death or after he knew that he was
appointed as executor (if he obtained such
knowledge after death of testator), unless the will
has reached the court in any manner.
Testator may provide that he may serve without a He must always give a bond.
bond (but court may direct him to give bond
conditioned only to pay debts.)
Compensation may be provided for by the testator in Compensation is governed by Sec. 7 Rule 85
the will otherwise Sec. 7, Rule 85 will be followed
76. LETTERS TESTAMENTARY is an authority issued to an executor named in the will to administer the estate.
77. LETTERS OF ADMINISTRATION is an authority issued by the court to a competent person to administer
the estate of the deceased who died intestate.
78. LETTERS OF ADMINISTRATION WITH A WILL ANNEXED is an authority issued by the court to a
competent person to administer the estate of the deceased if the executor named in the will refused to
accept the office.
79. When the other co-executors are disqualified, the others may act.
80. ORDER OF PREFERENCE IN GRANTING LETTERS OF ADMINISTRATION.
1. Surviving husband or wife or the next of kin, or both in the discretion of the court, or to such person as
such surviving spouse or next of kin, requests to have appointed, if competent and willing to serve
(SURVIVING SPOUSE OR NEXT OF KIN OR THEIR NOMINEE)
2. ANY one or more of the PRINCIPAL CREDITORS, if competent and willing to serve, when the surviving
spouse next of kin neglect for 30 days after the death of the decedent to apply for administration;
3. STRANGER
Note that the order of appointment of regular administrator is final and appealable.
81. The underlying assumption is that those who will reap the benefits of a wise, speedy and economical
administration of the estate or on the other hand, suffer the consequences of waste, improvidence or
mismanagement, have the higher interest and most influential motive to administer the estate correctly.
Note that co-administrators may be appointed for the benefit of the estate and those interested therein.
82. PERSONS TO OPPOSE THE ISSUANCE OF LETTERS:
GR: Any person interested in the will.
EXPN: Even where a person who had filed a petition for the allowance of the will of the deceased person
had no right to do so in view of his lack of interest in the estate, nevertheless, where the interested persons
did not object to its application, the defect in the petition would be deemed cured. The filing of the petition
may be considered as having been ratified by the interested parties.
83. Opposition may be accompanied by a petition for the issuance of letters of administration with the will
annexed.
84. CONTENTS OF A PETITIN FOR LETTERS OF ADMINISTRATION:
1. The jurisdictional facts;
2. The names, ages, residences of heirs and the names and ages of the creditors;
3. The probable value and character of the estate; and,
4. The name of the person for whom letters are prayed for.
Note that no defect in the petition shall render void the issuance of the letters of administration.
85. Publication for 3 weeks and notice to heirs, creditors and other personas believed to have an interest in the
estate is required before hearing.
86. Where no notice as required by this section has been given to persons believed to have an interest in the
estate of the deceased person, the proceeding for the settlement of the estate is void and should be
annulled.
87. GROUNDS FOR OPPOSITION:
1. In Letters Testamentary – Incompetence
2. In Letters of Administration – Incompetence and preferential right of the heir under Sec. 6, Rule 78.
88. Letters of Administration shall issue if it is proven that: 1. The decedent left no will; or, 2. There is no
competent and willing executor.
89. Letters can be granted to any person or any other applicant even if other competent persons are present if
the latter fail to claim their letters when notified.
90. RULE 80. Special Administrator. When may a probate court appoint a special administrator?
1. Delay in granting of letters by any cause including appeal in the probate of the will; and
2. Executor is a claimant of the estate he represents.
Note that in the second instance, the administrator shall have the same powers as that of a general
administrator.
91. The ORDER OF APPOINTMENT (DISCRETIONARY) The preference accorded by Sec. 6 of Rule 78 of the
Rules of Court to surviving spouse refers to the appointment of a regular administrator, NOT to that of
special administrator, and that the order appointing the latter lies within the discretion of the probate court,
and is not appealable.
ADMINISTRATOR SPECIAL ADMINISTRATOR
Appointment may be the subject of appeal. Appointment is an interlocutory order and may not
be the subject of an appeal.
One of the obligations is to pay the debts of the Cannot pay debts of the estate.
estate.
Appointed when decedent died intestate or did not Appointed when there is delay in granting letters
appoint an executor in the will or will was disallowed. testamentary or administration or when the executor
is claimant of the estate.
92. POWER AND DUTIES OF SPECIAL ADMINISTRATOR: 1. Possession and charge of the goods, chattels,
rights, credits, and estate of the deceased; 2. Preserve the same; 3. Commence and maintain suit for the
estate; 4. Sell only perishable property and other property ordered sold by the court; and 5. Pay debts only
as may be ordered by the court. He has also the duty to submit inventory and to render an accounting of
his administration as required by the terms of his bond.
93. The power of a special administrator ceases when after the questions causing the delay are resolved and
letter s are granted to regular executor or administrator.
94. IS AN APPIONTMENT OF A SPECIAL ADMINISTRATOR APPEALABLE? NO. The same is
INTERLOCUTORY. However, appointment of a regular administrator is appealable because it is a final order.
Note that it is possible for the executor or administrator whose appointment is challenged by appeal to be
appointed also as the special administrator pending such appeal.
95. RULE 81. Bonds of Executors and Administrators. Bond to be given before issuance of letters. Before an
executor or administrator enters upon the execution of his trust. The amount will be fixed by the court.
96. CONDITIONS OF THE BOND:
1. Make within 3 months a true and complete inventory of the property of the deceased which came to his
knowledge and possession;
2. Administer the estate and pay and discharge all debts, legacies and charges, including dividends
declared by the court from the proceeds;
3. Render a true and just account within one year and when required by the court;
4. Perform all orders of the court.
97. ADMINISTRATOR’S BOND – STATUTORY BOND. Conditions prescribed by stature forms part of bond
agreement.
98. Terms and effectivity of bond does not depend on payment of premium and does not expire until the
administration is closed. As long as the probate court retains jurisdiction of the estate, the bond
contemplates a continuing liability.
99. CONDITIONS OF THE BOND:
1. Make and return a true inventory;
2. Render accounting when required by court;
3. Deliver the estate to the person appointed executor or administrator or other authorized person.
Note that bond is effective as long as the court has jurisdiction over the proceedings.
100. Rule 82. Revocation of Administration, Death, Resignation and Removal of Executors and Administrators.
Administration is REVOKED if will is discovered.
101. The Administrator has to the duty, upon revocation of the letters to surrender the letters to the court;
and, render his account within such time as the court may direct.
102. Whether the intestate proceeding already commenced should be discontinued and a new proceeding
under a separate number and title should be constituted is entirely a matter of form and lies within the
sound discretion of the court. NOTE that the discovery of a will does not ipso facto nullify the letters of
administration already issued until the will has been proved and allowed pursuant to Rule 82, Sec. 1.
103. GROUNDS FOR REMOVAL OF EXECUTOR OR ADMINISTRATOR:
1. Neglect to render accounts (within 1 year and when required by the court);
2. Neglect to settle estate according to these rules;
3. Neglect to perform an order or judgment of the court or a duty expressly provided by these rules;
4. Absconding; or
5. Insanity or incapability or unsuitability to discharge the trust.
Note that GROUNDS ARE NOT EXCLUSIVE.
104. The DEGREE OF DILIGENCE REQUIRED for an administrator to exercise reasonable diligence and act in
entire good faith in the performance of that trust.
105. Lawful acts of an administrator or executor before the revocation, resignation or removal are valid.
106. POWERS OF THE NEW EXECUTOR OR ADMINISTRATOR:
1. Collect and settle the estate not administered;
2. Prosecute or defend actions commenced by or against the former executor or administrator; and,
3. Have execution on judgments recovered in the name of former executor or administrator.
Note that authority to sell previously given to the former executor or administrator may be
renewed without notice or hearing.
107. RULE 83. INVENTORY AND APPRAISAL PROVISION FOR SUPPORT OF FAMILY: Inventory and
appraisal must be made within 3 months from the grant of letters testamentary or of administration.
108. The three-month period is not mandatory. The fact that an inventory was filed after the three-month
period would not deprive the probate court of jurisdiction to approve it. However, an administrator’s
unexplained delay in filing the inventory may be a ground for his removal.
109. Approval of an inventory is not a conclusive determination of what assets constituted the decedent’s
estate and of the valuation thereof. Such determination is only provisional and a prima facie finding of the
issue of ownership.
110. ARTICLES NOT TO BE INVENTORIED:
1. Wearing apparel of surviving spouse and minor children;
2. Marriage bed and bedding;
3. Provisions and other articles as will necessarily be consumed in the subsistence of the family of the
deceased.
111. ALLOWANCE TO WIDOW AND FAMILY. ALLOWANCE refers to the monetary advances which are
subject to collation and are likewise deductible from their share in the estate of the decedent.
112. WHO ARE ENTITLED TO ALLOWANCE DURING PROCEEDINGS?
1. Legitimate surviving spouse;
2. Children of the decedent.
Note that according to Art. 88 of the Civil Code, the children need not be minors or incapacitated to
be entitled to allowance.
GRANDCHILDREN are not entitled to allowance under Rule 83.
113. When liabilities exceed the asset of the estate, his widow and children are not entitled to support pending
the liquidation of the intestate estate, on the ground that such support, having the character of an advance
payment, to be deducted from the respective share of each heir during distribution.
114. RULE 84. Executor or administrator to have access to partnership books and property. How right
enforced. Executor or administrator to keep buildings in repair. Executor or administrator to retain whole
estate to pay debts and to administer estate not willed.
115. POWER OF THE EXECUTOR OR ADMINISTRATOR OF THE ESTATE:
1. To have access to, and examine and take copies of Books and papers relating to the partnership in
case of a deceased partner;
2. To Examine and make invoices of the property belonging to the partnership in case of a deceased
partner;
3. To maintain in tenantable Repairs, houses and other structures and fences and to deliver the same in
such repair to the heirs or devisees when directed so to do by the court.
4. To make Improvements on the properties under administration with the necessary court approval
except for necessary repairs;
5. To Possess and manage the estate when necessary for the payment of debts; and for payment of
expenses of administration.
116. SOME RESTRICTIONS ON THE POWER OF AN ADMINISTRATOR OR EXECUTOR:
1. Cannot acquire by purchase, even a public or judicial auction, either in person or mediation of
another, the property under administration;
2. Cannot borrow money without authority of the court;
3. Cannot speculate with funds under administration;
4. Cannot lease the property for more than one year;
5. Cannot continue the business of the deceased unless authorized by the court;
6. Cannot profit by the increase or decrease in the value of the property under administration.
117. RULE 85. ACCOUNTABILITY AND COMPENSATION OF EXECUTORS AND ADMINISTRATORS.
General Rule: The executor or administrator is accountable for the whole estate of the deceased. Except, he
is not accountable for properties which never came to his possession. Exception to the Exception, when
through untruthfulness to the trust or his own fault or for lack of necessary action, the executor or
administrator failed to recover part of the estate which came to his knowledge.
118. Administrator or executor shall not profit by the increase of the estate nor be liable for any decrease
which the estate, without his fault, might have sustained.
119. The executor or administrator is not accountable if debt remains uncollected without his fault.
120. If executor or administrator uses or occupies real estate under administration, he must account for it.
121. ACCOUNTABLE IF HE NEGLECTS OR DELAYS TO RAISE OR PAY MONEY. When accountable:
1. If an executor or administrator; neglects or unreasonably delays to raise money, by collecting the
debts or selling the real or personal estate of the decease, or neglects to pay over the money he has
in his hands; and,
2. The value of the estate is lessened; or
3. Unnecessary cost of interest accrues, or
4. The persons interested suffer loss.
122. Expenses of Administration refers to those necessary for the management of the property, for protecting
it against destruction or deterioration, and possibly for the production of fruits.
123. An administrator may not recover attorney’s fees from the estate; his compensation is fixed by the rule
but such compensation is in the nature of executor’s or administrator’s commission, and never as
attorney’s.
124. PROCEDURE FOR COLLECTION OF ATTORNEY’S FEES:
1. Request the administrator to make payment and file an action against him in his personal capacity
and not as administrator should he fail to pay; or,
2. Petition in the testate or intestate proceeding asking the court, after notice to all persons interested,
to allow his claim and direct the administrator to pay it as an expense of administration.
125. When executor or administrator to render account: Rule: within one year from the time of receiving
letters testamentary or letters of administration. Exception: An extension of time is allowed presenting
claims against or paying the debts of the estate for disposing of the estate but even in such cases, the
administration should be terminated in not more than two-years and a half.
126. The fact that the final accounts had been approved does not divest the court of jurisdiction to require
supplemental accounting for, aside from the initial accounting, the Rules provide that he shall render such
further accounts as the court may require until the estate is wholly settled.
127. The heirs, legatees, distributes and creditors have the same privilege of being examined.
128. RULE 86. CLAIMS AGAINST ESTATE. Claim refers to any debt or pecuniary demand against the
decedent’s estate.
129. When may the court issue notices to creditors to file their claims? Immediately after granting letters
testamentary or of administration. The purpose is for the speedy settlement of the affairs of the
deceased person and early delivery of the property of the estate into the hands of the persons entitled to
receive it.
130. Claims arising after his death cannot be presented except for Funeral expenses and expenses of the last
sickness of the decedent.
131. Claims for taxes (inheritance and estate) due and assessed after the death of the decedent need not be
presented in the form of a claim. The court in the exercise of its administrative control over the executor or
administrator may direct the latter to pay such taxes.
132. The heirs, even after distribution, are liable for such taxes.
133. Time within which claims shall be filed. Statute of Non-claims is the period fixed by the rule for the filing
of the claims against the estate.
134. When to file claims? General rule, within the time fixed in the notice which shall not be more than 12
months nor less than 6 months after the date of the first publication. Otherwise, they are barred forever.
Even if the testator acknowledged the debt in his will and instructed the executor to pay the debt, the
statute of non-claims must still be complied with; otherwise the claim may also be barred.
135. EXCEPTION: BELATED CLAIMS; Belated claims are claims not filed within the original period fixed by
the court. On application of a creditor who has failed to file his claim within the time previously limited, at
any time before an order of distribution is entered, the court MAY, for cause shown and on such terms
as are equitable, allow such claim to be filed within a time NOT EXCEEDING 1 MONTH from the order
allowing belated claims.
136. Statute of Non-Claims supersedes the Statute of Limitations insofar as the debts of deceased persons
are concerned because if a creditor fails to file his claim within the time fixed by the court in the notice, then
the claim is barred forever. However, BOTH statute of non-claims and Statute of Limitations MUST CONCUR
in order for a creditor to collect.
137. HOWEVER, a creditor barred by the statute of non-claims may file a claim as a counterclaim in any suit
that the executor or administrator may bring against such creditor.
138. Publish the notice for 3 successive weeks in a newspaper of general circulation in the province and post
the same in 4 public places in the province and in 2 public places in the municipality where the decent last
resided.
139. Filing copy of printed notice. 10 days after publication and posting.
140. Section 5. Claims referred to under this section refer to claims for the recovery of money and which are
not secured by a lien against the property of the estate.
141. CLAIMS WHICH SHOULD BE FILED UNDER THE STATUTE OF NON-CLAIMS (ACTIONS WHICH DO
NOT SURVIVE)
1. Money claims, debts incurred by deceased during his lifetime arising from contract, express or
implied, due or not due, absolute or contingent;
2. Claims for funeral expenses;
3. For the last illness of the decedent;
4. Judgment for money against decedent.
142. ABSOLUTE CLAIM is such a claim as, if contested between living persons, would be proper subject of
immediate legal action and would supply a basis of a judgment for a sum certain.
143. CONTINGENT CLAIM is a conditional claim or claim that is subject to the happening of a future
uncertain event.
144. Claims not yet due or contingent may be approved at their present value.
CLAIMS EXTINGUISHED DEATH ACTIONS WHICH DO NOT SURVIVE
Personal to either of the parties and is extinguished Claim is not extinguished by death but shall be
by death prosecuted as a money claim against the estate of
the deceased
Examples: legal separation, annulment of marriage, Example: contractual money claim
declaration of nullity of marriage
145. Solidary obligation of decedent. Claim should be filed against decedent as if he were the only debtor
without prejudice on the part of the estate to recover contribution from the other debtor.
146. Joint obligation of decedent. The claim must be confined to the potion belonging to the decedent.
147. CREDITOR HOLDING A CLAIM SECURED BY A MORTGAGE OR OTHER COLLATERAL SECURITY:
ALTERNATIVE REMEDIES;
1. Abandon or waive the security and prosecute his claim against the estate and share in the general
distribution of the assets of the estate.
2. Foreclosure his mortgage or realize upon his security by action in court making the executor or
administrator a party defendant and if there is judgment for deficiency, he may file a claim against the
estate within the stature of non-claims.
3. Rely solely on his mortgage and foreclose (judicial or extrajudicial) the same at any time within the
period of the stature of limitations but he cannot be admitted as creditor and shall not receive in the
distribution of the other assets of the estate.
Note that these remedies are alternative, the availment of one bars the availment of other remedies.
148. CLAIM OF EXECUTOR OR ADMINISTRATOR AGAINST AN ESTATE. This is one of the instances where a
special administrator is appointed. HOW TO FILE A CLAIM.
1. Deliver the claim with the necessary vouchers to the clerk of court;
2. Serve a copy thereof on the executor or administrator;
3. If the claim is due, it must be supported by affidavit stating the amount due and the fact that there
has been no offsets;
4. If the claim is not due or contingent, it must be accompanied by affidavit stating the particulars
thereof.
149. ANSWER OF EXECUTOR OR ADMINISTRATOR. OFFSETS. Executor shall file answer within five (5)
days from service of claim. Answer must set forth claims which decedent has against claimant or else it will
forever be barred.
150. Trial of contested claim. The court may refer the claim to a commissioner.
151. JUDGMENT AGAINST EXECUTOR AND ADMINISTRATOR SHALL NOT CREATE ANY LIEN UPON
THE PROPERTY OF THE ESTATE OR DOES NOT CONSTITUTE A SPECIFIC LIEN WHICH MAY BE
REGISTERED ON SUCH PROPERTY.
152. Judgment of a probate court approving or disapproving a claim is appealable. Note that the mode of
appeal is record on appeal and must be filed within 30 days from notice of judgment.
153. RULE 87. ACTIONS BY AND AGAINST EXECUTORS. Actions which may be commenced directly
against the executor or administrator:
1. Recovery of real or personal property or any interest therein from the estate;
2. Enforcement of a lien thereon;
 3. Action to recover damages for any injury to person or property, real or personal.
NOTE THAT THESE ARE ACTIONS THAT SURVIVE THE DEATH OF THE DECEDENT.
154. An action for revival of money judgment may be filed against the administrator to preempt prescription of
judgment.
155. EXECUTOR OR ADMINISTRATOR MAY BRING OR DEFEND ACTIONS WHICH SURVIVE.
156. Heir may not sue until share assigned. Before distribution is made or before any residue is known, the
heirs and devisees the executor or administrator for recovery of the property left by the decedent.
157. Executor or administrator may compound with debtor. Mortgage due estate may be foreclosed. Note that
there is no need of a special authority from the court for the administrator or executor to bring an action for
foreclosure on behalf of the estate.
158. Proceedings when property concealed, embezzled, or fraudulently conveyed. The purpose is to elicit
information or to secure evidence from those persons suspected of having possession or knowledge of
property or will of the deceased, or of having concealed, embezzled or conveyed away any properties of the
deceased. General rule, the probate court has no authority to decide whether or not the properties belong
to the estate or to the person being examined since probate courts are courts of limited jurisdiction.
Exceptions, provisional determination of ownership for inclusion in the inventory; or when the parties are
all heirs and they voluntarily submitted the issue to the probate court and the determination of which will
not prejudice the rights of 3rd persons.
159. Section 9. Property fraudulently conveyed by deceased may be recovered. When executor or
administrator must bring action. This provision applies when there is a deficiency of assets in the hands of
the executor or administrator for the payment of the debts and expenses for administration.
160. REQUISITES BEFORE ACTION MAY BE FILED BY CREDITORS:
1. There is a deficiency of assets in the hands of an executor or administrator for the payment of debts
and expenses of administration;
2. The deceased in his lifetime had made or attempted to make a fraudulent conveyance of his property
or had so conveyed such property that by law the conveyance would be void as against his creditors;
3. The subject of the attempted conveyance would be liable to attachment in his lifetime;
4. The executor or administrator has shown no desire to file action or failed to institute the same within
a reasonable time;
5. Leave is granted by the court to the creditor to file the action;
6. A bond is filed by the creditor;
7. The action by the creditor is in the name of the executor or administrator.
Note that however, the last three requisites are unnecessary where the grantee is the executor or
administrator himself, in which event, the cation should be in the name of all the creditors.
161. RULE 88. PAYMENT OF THE DEBTS OF THE ESTATE. A writ of execution is not the proper procedure to
satisfy debts. The court must order the sale or mortgage of the properties of decedent, the proceeds of
which will satisfy the debts and expenses.
162. IS EXECUTION A PROPER REMEDY TO SATISFY AN APPROVED CLAIM? NO. Because, payment approving
a claim does not create a lien upon a property of the estate; special procedure is for the court to order the
sale to satisfy the claim.
163. If the testator makes a provision in his will or designates the estate to be appropriated for the payment
of his debts, that will be followed. But if it is not sufficient, such part of the estate as is not disposed of by
will, if any, shall be appropriated for that purpose.
164. PERSONALITY FIRST CHARGEABLE FOR DETS, THEN REALTY.
165. Two instances when realty is liable for debts and expenses:
1. When the personal estate of the decedent is not sufficient for that purpose;
2. Where the sale of such personalty would be to the detriment of the participants of the estate.
166. Estate to be retained to meet contingent claims. If the court is satisfied that contingent claim duly filed is
valid, it may order the executor or administrator to retain in his hands sufficient estate to pay a portion
equal to the dividend of the creditors.
REQUISITES:
1. Contingent claim is duly filed;
2. Court is satisfied that the claim is valid; and,
3. The claim has become absolute.
167. If such contingent claim becomes absolute and is presented to the court as an absolute claim within two
years from the time allowed for the presentation of claims, it will be paid in the same manner as the other
absolute claims.
168. If the contingent claim matures after the expiration of the two years, the creditors may sue the
distributees, who are liable in proportion to the shares in the estate respectively received by them.
169. It has been ruled that the only instance wherein a creditor can file an action against a distribute of the
debtor’s assets is under Sec. 5, Rule 88 of the Rules of Court. The contingent claims must first have been
established and allowed in the probate court before the creditors can file an action directly against the
distributees.
170. COURT TO FIX CONTRIBUTIVE SHARES WHERE DEVISEES, LEGATEES, OR HEIRS HAVE BEEN IN
POSSESSION.
171. Time for paying debts and legacies fixed, or extended after notice, within what periods. Shall not exceed
1 year in the first instance. But court may extend period on application of executor or administrator and
after hearing and notice on the following conditions: 1. The extension must not exceed six months for single
extension; 2. The whole period allowed to the original executor or administrator shall not exceed 2 years.
172. RULE 89. SALES, MORTGAGES, AND OTHER ENCUMBRANCES OF PROPERTY OF DECEDENT. Order
of sale of personalty. The court may order the whole or part of the personal estate to be sold if necessary:
1. To pay debts and expenses of administration;
2. To pay legacies;
3. To cover expenses for the preservation of the estate.
173. When court may authorize sale, mortgage, or other encumbrance of realty to pay debts and
legacies though personalty not exhausted.
1. If personal estate is not sufficient to pay debts, expenses of administration and legacies; or
2. If sale of personal estate may injure the business or other interests of those interested in the estate; and
3. If testator has not made sufficient provision for payment of such debts, expenses and legacies;
4. If deceased was in his lifetime under contract, binding in law to deed real property to beneficiary;
5. If the deceased during his lifetime held real property in trust for another person.
REQUISITES:
a. Application of Executor/ Administrator;
b. Written notice to heirs, devisees and legatees; and
c. Hearing.
Note that assets in the hands of executor/administrator will not be reduced to prevent a creditor
from receiving his full debt or diminish his dividends.
Note that without notice and hearing, the sale, mortgage or encumbrance is void. Notice is
mandatory. Non-compliance therewith under the sale is null and void.
174. CONDITIONS OF BOND. To pay the debts, expenses of administration and legacies within such time as
the court directs.
175. The court may authorize the sale of whole or part of the estate if it appears beneficial to the heirs,
devisees, legatees, and other interested persons. The proceeds shall be assigned to the persons entitled to
the estate in the proper proportions.
176. When court may authorize sale, mortgage or other encumbrance of estate to pay debts and
legacies in other countries. When it appears from the records and proceedings of the probate court of
another country that the estate of the deceased in foreign country is not sufficient to pay debts and
expenses.
177. REGULATIONS FOR GRANTING authority to sell, mortgage, or otherwise encumbrance estate.
Application for authority to sell, mortgage or encumber property of the estate may be denied by the court if:
1. The disposition is not for any of the reasons specified by the rules; or
2. Under section 3 Rule 89, any person interested in the estate gives a bond conditioned to pay the
debts, expenses of administration and legacies.
178. RULE 90. Distribution and Partition of the Estate. LIQUIDATION, is the determination of all assets of
the estate and payment of all debts and expenses.
179. When order for distribution of residue made. Order of distribution shall be made after payments of all
debts, funeral, expenses, expenses for administration, allowance of widow and inheritance tax is effected.
Except, if the distributees or any of them gives a bond conditioned for the payment of said obligation, the
order or distribution may be made even before payments of all debts, etc.
In these proceedings, the court shall:
a. Collate
b. Determine heirs, and
c. Determine the share of each heir.
Note that separate action for the declaration of heirs is not necessary.
180. When is title vested? From finality of order of distribution.
181. An order which determines the distributive shares of heirs is appealable. If not appealed, it becomes
final. Note that the probate court loses jurisdiction over the settlement proceedings only upon payment of
all debts and expenses of the obligor and delivery of the entire estate to all the heirs.
182. PROHIBITION AGAINST INTERFERENCE BY OTHER COURTS. In the interest of orderly procedure
and to avoid confusing and conflicting dispositions of a decedent’s estate, a court should not interfere with
probate proceedings pending in a co-equal court.
183. Recording the order of partition of estate.
184. RULE 91. ESCHEATS. Escheat is the proceeding whereby the real and personal property of a deceased
person in the Philippines, who dies without leaving any will or legal heirs, become the property of the State
upon his death.
185. THREE INSTANCES OF ESCHEATS:
1. When a person dies intestate leaving no heir but leaving property in the Philippines;
2. Reversion proceedings – sale in violation of the constitutional provision;
3. Unclaimed balances Act. (dormant accounts for 10 years shall be escheated)
186. What is the basis of the state’s right to receive property in escheat? Order of succession under the Civil
Code, the State is the last heir of the decedent.
187. WHO FILES: Solicitor General or his representative in behalf of the Philippines.
188. WHERE TO FILE: RTC of last residence or of location of his estate in the Philippines if he is a non-
resident.
189. REQUISITES for filing of petition:
1. That a person died intestate;
2. That he left no heirs or persons by lay entitled to the same; and
3. The deceased left properties.
190. Order of hearing. If petition is sufficient in form and substance the court shall:
1. Make an order of hearing, hearing shall not be more than 6 months after entry of order;
2. Direct the publication of a copy of the order - at least once a week for 6 consecutive weeks.

191. Remedy of respondent: When the petition does not state facts which entitle the petitioner to the remedy
prayed for, the respondent may file a motion to dismiss the petition.
192. HEARING AND JUDGMENT. Requisites:
1. Publication of the order;
2. Person died intestate;
3. He is seized of real/personal property in the Philippines;
4. He left no heir or person entitled to such property;
5. There is no sufficient cause to the contrary.
193. To whom will the property is escheated be assigned:
1. If personal property, to the municipality or city where he last resided;
2. If real property, to the municipality or city where the property is situated.
3. If deceased never resided in the Philippines, to the municipality or city where the property may be
found.
194. The court, at the instance of an interested party, or on its own motion, may order the establishment of a
permanent trust, so that only the income from the property shall be used.
195. The right to escheat may be waiver expressly or impliedly.
196. Who may file a claim on the escheated property? Any devisee, legatee, heir, widow/er, or other
person entitled thereto.
197. When to file? Within five years from the date of judgment otherwise forever barred.
198. Other actions for escheats. Actions for reversion of property alienated in violation of constitution or
any statute.
199. These shall be governed by Rule 91. However, the action must be instituted in the province where the
land lies in whole or in part.
200. Period of filing claim. Within five years form the date of judgment.
201. The five year period is reckoned from the date the property was delivered to the state and further
provides that if the property had been sold, the municipality or city shall be accountable only for such part
of the proceeds as may not have been lawfully spent.
202. By whom. A person with interest.
203. Can the court convert escheat proceedings into ordinary special proceedings or vice-versa? No.
This is not allowed for the two actions have different requirements in acquiring in jurisdiction. In special
proceedings, publication is once a week for 3 weeks while in escheat, once a week for 6 weeks. Note that
Escheat under the Unclaimed Balances Acts must be filed in RTC of the place where the dormant deposits
are found.
204. GENERAL GUARDIANS AND GUARDIANSHIP
RULE 92. VENUE
Guardianship of minors is now governed by the Rule on Guardianship of Minors (A.M. No. 03-02-05-SC)
which took effect on May 1, 2003 while guardianship of incompetents is still governed by the provisions of
the Rules of Court on Guardianship. (Rule 92 to 97)
205. Guardianship is the power of protective authority given by law and imposed on an individual who is free
and in enjoyment of his rights over one whose weakness on account of his age or other infirmity renders
him unable to protect himself. (BASIS: PARENS PATRIAE)
206. The purpose of guardianship is to safeguard the right and interests of minors and incompetent persons.
207. Guardian is a person in whom the law has entrusted the custody and control of the person or estate or
both of an infant, insane or other person incapable of managing his own affairs.
208. KINDS OF GUARDIANS:
According to scope;
1. Guardian of the person – one who has been lawfully invested with the care of the person of the minor.
2. Guardian of the property – one appointed to have the management of the estate of a minor or
incompetent;
3. General Guardian – one appointed to have the care and custody of the person and of all the property of
the ward.
According to constitution;
1. Legal guardian- without need of judicial appointment;
2. Guardian Ad Litem – appointed by courts of justice to prosecute or defend a minor, insane or person
declared to be incompetent, in an action in court.
3. Judicial guardian – appointed in pursuance to law, as guardian for insane persons, prodigals, minors, etc.
209. WHERE TO INSTITUTE PROCEEDINGS:
JURISDICTION:
1. Incompetents – RTC of his residence or where his property is located in case of non-residents;
2. Minor – Family Court of his residence or where his property is located in case of non-resident.
210. INCOMPETENT includes:
1. Those suffering from penalty of civil interdiction;
2. Hospitalized lepers;
3. Prodigals;
4. Deaf and dumb who are unable to read and write;
5. Those of unsound mind though they have lucid intervals;
6. Persons not of unsound mind but by reason of age, disease, weak mind and other similar causes cannot,
without outside aid, take care of themselves and manage their property.
211. WHO MAY PETITION FOR APPOINTMENT OF GUARDIAN FOR RESIDENT?
MINOR INCOMPETENT
1. Any relative; or 1. Any relative;
2. Other person on behalf of a minor; or 2. Friend;
3. The minor himself if 14 years of age or over; 3. Other person on behalf of the resident
or incompetent who has no parents or lawful
4. The secretary of Social Welfare and guardian; or
Development and the secretary of Health in 4. The Director of Health in favor of an insane
case of an insane minor who needs to be person who should be hospitalized or in favor
hospitalized. of an isolated leper;
5. Anyone interested in the estate of a non-
resident incompetent.
212. The father and the mother shall jointly exercise legal guardianship over the person and property of their
minor without the necessity of a court appointment. In such case, this Rule shall be suppletory to the
provisions of the Family Code on Guardianship. (Sec 1, A.M. 03-02-05-SC)
213. CONTENTS OF THE PETITION:
NOTE that the petition involving minors is required to be VERIFIED and accompanied by certification
against FORUM SHOPPING while that involving incompetent must be verified only. However, no
defect in the petition or verification shall render void the issuance of letters of guardianship.

MINOR INCOMPETENT
1. The jurisdictional facts; 1. The jurisdictional facts;
2. The name, age and residence of the 2. The incompetency rendering the appointment
prospective ward; necessary or convenient;
3. The ground rendering the appointment 3. The names, ages, and residences of the
necessary or convenient; relatives of the incompetent and of the
4. The death of the parents of the minor or the persons having him in their care;
termination, deprivation or suspension of 4. The probable value and character of his
their parental authority; estate;
5. The remarriage of the minor’s surviving 5. The name of the person for whom letters of
parent; guardianship are paryed.
6. The names, ages, and residences of relative
within the 4th civil degree of minor, and of
persons having him in their care and custody;
7. The probable value, character and location of
the property of the minor; and
8. The name, age and residence of the person
for whom letters of guardianship are prayed.
214. COURT TO SET TIME FOR HEARING; NOTICE THEREOF.
TO WHOM NOTICE IS SERVED:
1. Persons mentioned in the petition residing in the Philippines;
2. The minor, if above 14 years of age, or the incompetent.
215. There is NO REQUIREMENT FOR PUBLICATION, only notice except in case of nonresident
minor/incompetent.
216. However, SERVICE OF NOTICE upon the persons mentioned in the petition, including the minor if 14
years of age or over, or the incompetent, is MANDATORY AND JURISDICTIONAL.
217. If the person is insane, service of notice upon the Director or Hospital where he is hospitalized is
sufficient.
218. OPPOSITION TO THE PETITION. It must be in writing and need not verified.
219. The grounds are as follows: MAJORITY OF ALLEGED MINOR; COMPETENCY OF ALLEGED INCOMPETENT;
AND, UNSUITABILITY OF THE PERSON FOR WHOM LETTERS ARE PRAYED.
220. At the hearing, the alleged incompetent must be present if able to attend; it must be shown that the
required notice has been given.
221. When and how guardian for nonresident appointed. Notice. – Any relative, friend or any one interested
in the estate of a person liable to be put under guardianship may file a petition for guardianship over the
property of such person. Notice shall be given through publication or otherwise.
222. ANCILLARY GUARDIANSHIP. – refers to the guardianship in a state other than that in which
guardianship originally granted.
PROCEDURE:
1. Filing of petition;
2. Court shall set the case for hearing;
3. Cause notices to be served to the persons mentioned in the petition, including minor, if 14 years and
above;
4. Court shall receive evidence;
5. Declaration of the propriety of the petition;
6. Issue letters of guardianship.
223. Service of judgment. Civil Registrar of the place where the minor or incompetent resides or where the
property is situated shall be served with a copy of the judgment.
224. RULE 94. BONDS OF GUARDIANS. Before an appointed guardian enters upon the execution of his
trust, he shall give a BOND.
CONDITIONS:
1. To make and return to the court, within three (3) months, a true and complete inventory of all the estate
of his ward which shall come to his possession or knowledge or to the possession or knowledge of any
other person for him;
 2. To faithfully execute the duties of his trust, to manage and dispose of the estate according to these rules
for the best interests of the ward, and to provide for the proper care, custody, and education of the
ward;
3. To render a true and just account of all the estate of the ward in his hands, and of all proceeds or interest
derived therefrom, and of the management and disposition of the same, at the time designated by these
rules and such other times as the court directs; and at the expiration of his trust to settle his accounts
with the court and deliver and pay over all the estate, effects, and moneys remaining in his hands, or
due from him on such settlement, to the person lawfully entitled thereto;
4. To perform all orders of the court by him to be performed.
225. The purpose of the bond is for the protection of the property of the minor or incompetent to
the end that he may be assured of an honest administration of his funds.
226. Necessity of bond. When required by statutes to give a bond, no person can qualify and act as guardian
without complying with this condition precedent.
227. The bond of the guardian is a continuing one against the obligors and their estates until all of its
conditions are fulfilled. The mere fact that defendant was removed as guardian did not relive her or her
bondsmen from liability during the time she was duly acting as such guardian.
228. RULE 95. SELLING AND ENCUMBERING PROPERTY OF WARD. Petition of guardian for leave to sell
or encumber estate.
GROUNDS:
1. When the income of estate is insufficient to maintain the ward and his family;
2. When income of estate is insufficient to maintain and educate ward when a minor; or
3. When it appears that it is for the benefit of the ward.
REQUIREMENTS
1. Petition must be verified;
2. Notice must be given to the next of kin; and
3. Hearing so that they may show cause why petition should not be granted.
229. Sale of the ward’s realty by the guardian without authority from the court is VOID. Under the law, a
parent acting merely as legal administrator of the property of his/her children, does not have the power to
dispose of, or alienate, the property of said minor without judicial approval.
230. NEXT OF KIN pertains to those relatives who are entitled to share in the estate of the ward under the law
on intestate succession including those who inherit per stirpes or by right of representation. NOTE THAT
NOTICE TO NEXT OF KIN AND INTERESTED PERSONS IS JURISDICTIONAL.
231. The Order of Sale must specify the grounds.
232. The duration of the Order of Sale and Encumbrances of Property: within 1 year from the granting of the
order. It is presumed that if the property was not sold within 1 year, the ward has sufficient income.
233. The authority to sell or encumber shall not extend beyond 1 year unless renewed by the court.
234. Appeal is the proper remedy against an order of the court authorizing the sale of the ward’s property.
Note that there being a presumption that the sale of the ward’s estate is valid, the same cannot be attacked
collaterally in the registration proceedings. A separate action to avoid or rescind the sale on the grounds
specified by law should have been filed.
235. RULE 96. GENERAL POWERS AND DUTIES OF GUARDIANS:
To what guardianship shall extend?
Conflicts regarding the ownership of title to the property in the hands of the guardian in his capacity as such
should be litigated in a separate proceedings, the court in guardianship proceeding being solely concerned
with the ward’s care and custody and proper administration of his properties.
236. Guardian to pay debts of ward.
ORDER OF LIABILITY OF WARD’S PROPERTY:
1. Personal estate and income of real estate;
2. Real estate.
237. The guardian is bound to exercise such diligence and prudence as reasonable men ordinarily employ in
the conduct of their own affairs and will be held liable for any loss which results from his failure to exercise
such prudence and diligence.
238. Guardian may be authorized to join in partition proceedings after hearing.
REQUISITES:
1. HEARING;
2. Notice to relatives of the ward; and
3. Careful investigation as to the necessity and propriety of the proposed action.
239. Proceeding when person suspected of embezzling or concealing property of ward.
 The purpose of which is to secure evidence from persons suspected of embezzling, concealing or conveying
away any property of the ward so as to enable the guardian to institute the appropriate action to obtain the
possession of and secure title to said property.
240. In guardianship proceedings, the court cannot actually order the delivery of the ward’s property found to
be embezzled, concealed or conveyed except WHEN THE TITLE OF THE WARD TO THE SAME IS CLEAR
AND INDISPUTABLE.
241. The guardian shall be allowed the amount of his reasonable expenses incurred in the execution of his
trust and such compensation for his services, not exceeding 15% of the net income of the ward.
242. GENERAL POWERS AND DUTIES OF GUARDIANS:
1. To have the care and custody of the person of the ward, and the management of his estate, or the
management of the estate only, as the case may be;
2. Pay the debts of the ward
3. Settle accounts, collect debts and appear in actions for ward;
4. Manage the estate of the ward frugally, and apply the proceeds to maintenance of the ward;
5. Render verified inventory within 3 months after his appointment and annually thereafter, and upon
application of interested persons; and,
6. Render to court for its approval an accounting of the property for 1 year from his appointment and every
year thereafter, and upon application of interested persons.
243. TERMINATION OF GUARDIANSHIP: WHO MAY FILE?
1. Person who has been declared incompetent;
2. His guardian
3. Relative; or
4. Friend.
Note that petition shall be verified by oath and shall state that such person is then competent.
244. GROUNDS FOR TERMINATION:
MINOR INCOMPETENT
1. The ward has come of age; 1. Competency of the ward has been judicially
2. Has died; determined;
3. Death of guardian 2. Guardianship is no longer necessary;
3. Death of guardian;
4. Death of ward.
245. NOTE that NOTICE OF HEARING of the petition is not intended as a personal service process in the sense
necessary to give the court jurisdiction over the ward.
246. Who may oppose? The guardian, relative of the ward or any other person in the discretion of the court.
247. GROUNDS FOR REMOVAL OF A GUARDIAN:
1. Insanity;
2. Incapability or unsuitability to discharge functions;
3. Wastage or mismanagement of the property of the ward;
4. Failure to render an account or make a return within 30 days after it was due.
248. The remedy of a guardian from the order of removal is appeal.
249. A guardian may be allowed to resign when it appears proper to allow the same.
250. SALIENT FEATURES OF THE RULE ON GUARDIANSHIP OF MINORS:
(AM NO. 03-02-05-SC)
A. GROUNDS OF PETITION:
1. Death, continued absence, or incapacity or of his parents;
2. Suspension, termination or deprivation of parental authority;
3. Remarriage of his surviving parent, if the latter is found unsuitable to exercise parental authority;
4. When the best interests of the minor so require.
B. CONSIDERATIONS IN APPOINTING GUARDIANS:
1. Moral character
2. Physical, mental and psychological condition;
3. Financial status;
4. Relationship of trust with the minor;
5. Availability to exercise the powers and duties of a guardian for the full period of the guardianship;
6. Lack of conflict of interest with the minor;
7. Ability to manage the property of the minor.
C. WHO MAY BE APPOINTED GUARDIAN OF THE PERSON OR PROPERTY, OR BOTH, OR A MINOR?
In default of parents or a court-appointed guardian, the court may appoint a guardian of a minor,
observing as far as practicable, the following ORDER OF PREFERRENCE:
 1. The surviving grandparent and in case several grandparents survive , the court shall select any of
them taking into account all relevant consideration;
2. The oldest brother or sister of the minor over twenty-one years of age, unless unfit or disqualified;
3. The actual custodian of the minor over twenty-one years of age, unless unfit or disqualified;
4. Any OTHER PERSON, who in the sound discretion of the court would serve the best interests of the
minor.
D. CASE STUDY REPORT
The court shall order a social worker to conduct a case study of the minor and all prospective guardians
and submit his report and recommendation three (3) days before hearing to the court for its guidance
before the scheduled hearing.
251. QUICK GUIDE: RULE ON GUARDIANSHIP OF MINORS
1. Minors may petition if 14 years or over; venue is Family Court where the minor actually resides except
non-residents, where the property or part thereof situated.
2. There is an order of preference in guardianship;
3. Petition is verified with certificate of non-forum shopping;
4. Hearing may be closed to the public
5. There is a bond
6. Parents to post a bond if the market value of the child’s properties or income exceeds P50K and the bond
shall not be less than 10% of the value of the properties or income. Verified petition for the approval of
the bond and docketed as summary special proceedings;
7. Court may authorize disbursements not to exceed 10% of the net income of the ward
8. The authority to sell or encumber ward’s properties does not exceed 1 year unless renewed
9. No motion for removal of guardian unless the latter has submitted proper accounting and such is
approved by the court;
10. Guardianship’s termination may be motu propio or by a verified motion by an interested person on the
grounds of majority and /or death of the ward, in case of death, notify the court within 10 days;
11. Local Civil Registrar and Register of Deeds to enter judgments and orders.
252. D