RULE 79

OPPOSING ISSUANCE
OF LETTERS
TESTaMENTARY,
PETITION AND
CONTEST FOR
LETTERS OF
ADMINISTRATION

SEC TIO N 1
Any person interested in a will
may state in writing the grounds
why letters testamentary should
not issue to the persons named
therein executors, or any of
them, and the court, after
hearing upon notice, shall pass
upon
sufficiency
of
such
grounds.

Who may
oppose the
issuance of
letters of
administration?
GENERAL RULE:
Any person

XCEPTION:
Even where a person who had
led a petition for the allowance
f the will of the deceased person
ad no right to do so in view of h
ack of interest in the estate,
evertheless, where the interested

persons did not object to its

application, the defect in the
petition would be deemed
cured.
The filing of the petition may
be considered as having been
ratified
by
the
interested
parties. (Eusebio vs. Valmores
97 PHIL 163)

Petition for Opposition may

at the same time be filed for
Letters of Administration with
the will annexed.

Reasons for filing a Petition

for Letters Of
Administration:
1.When no executor named in
the will
2.The executor/s are
incompetent
3.Refuse the trust or fail to give
a bond
4. A person dies intestate

Sec. 2, Rule 79)

Contents of a petition for letters

of administration:
. Jurisdictional facts;
.Name, age, residence of heirs
and creditors;
Probable value and character
of the estate; and
Name of the person for whom
letters is prayed for.
If the will has not been delivered to the court
the name of the person having custody of

No defect in the petition

shall render void the
Issuance of the letters
of administration.

(Sec. 3 Rule 79) Court to

set
time for hearing. Notice
When
a
petition
for
letters
thereof.
of administration is filed in
the court having
jurisdiction, such court
shall fix a time and place

for hearing the petition, and

shall cause notice thereof to
be given to the known heirs
and creditors of the decedent,
and to any other persons
believed to have an interest
in the estate, in the manner
provided in Sections 3 and 4
of Rule 76.

Sec. 4, Rule 79)

Grounds for Opposition
A. In Letters Testamentary
1. incompetence
B . In Letters of Administratio
1.incompetence;
2.preferential right of the heir
under Sec. 6, Rule 78.

and Order for letters to

issue
Publication for 3 weeks in
newspaper of general
circulation in the province
and notice to heirs,
creditors and other persons
believed to have an interest
in the estate is required

Hearing on Petition
The Court having jurisdiction shall

fix a time and place of hearing.

Notice will be given to the ff:
1. heirs, legatees, devisees
2. creditors of the decedent
3. any persons believed to have an
interest

What must be proved at the

hearing of the petition?
1.That the notice has been
given as required;
2.That the decedent left no will;
3.That there is no competent
and willing executor.

Sec. 6, Rule 79)- When letters of

administration granted
to any applicant

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 by the court.

Saguinsin vs.
Lindayag
Facts: Maria
V. Lindayag died
intestate and left real and
personal properties worth
approximately P100,000.00
She left her surviving spouse,
Dionisio Lindayag together with
their 3 legally adopted
children.

The sister of the deceased, Isabel

Saguinsin filed a petition for the
issuance in her favor of letters of
administration over the estate of
the deceased.
Dionisio Lindayag filed a motion to
dismissed the petition for lack of
interest, she being neither heir or
creditor thereof.

Issue: Whether petitioner is "an

interested person" in the estate of
deceased Maria V. Lindayag.
Ruling: Accdg. To Sec. 2 Rule 80 RC, a
petition for letters of administration
must be filed by an interested person
. An interested party has defined in
this connection a one who would be
benefited by the estate, such as an
heir, or one who has a claim
against the estate, such as creditor.

In this case, petitioner is

not an heir of her
deceased sister and
therefore, has no material
direct interest in her
estate. She has lack of
legal capacity to institute
the proceedings.