SPECIAL

PROCEEDINGS
AN OUTLINE IN PRESENTATION
SPECIAL PROCEEDINGS

 Subject Matters of Special Proceedings: CATCH AGED SHARC (Rules 72 – 109)

 (a) CHANGE OF NAME
 (B) ADOPTION
 (C) TRUSTEES
 (D) CONSTITUTION OF FAMILY HOME
 (E) HOSPITALIZATION OF INSANE PERSONS
 (F) ABSENCE AND DEATH, DECLARATION OF
 (G) GUARDIANSHIP AND CUSTODY OF CHILDREN
 (H) ESCHEAT
 (I) (VOLUNTARY) DISSOLUTION OF CORPORATION
 (J) SETTLEMENT OF ESTATE OF DECEASED PERSONS
 (K) HABEAS CORPUS
 (L) (JUDICIAL) APPROVAL OF VOLUNTARY RECOGNITION OF MINOR NATURAL CHILDREN
 (M) RESCISSION AND REVOCATION OF ADOPTION
 (N) CANCELLATION OR CORRECTION OF ENTRIES IN THE CIVIL REGISTRY
SPECIAL PROCEEDINGS
 is an application or proceeding
 to establish
 the status or right of a party, or a
particular fact,
 generally commenced by
application, petition or special form
of pleading
 as may be provided for by the
particular rule or law.
SPECIAL PROCEEDINGS

INITIAL
INITIAL ORDER HEARING DECISION &
NOTICE PRESENTATION RECORDING
OF EVIDENCE
SETTLEMENT OF ESTATE OF
DECEASED PERSONS (Rules 73 – 91)
 Settlement of Estate of Deceased Persons, Venue and
Process (Rule 73)
 Which court has jurisdiction
 (1) If the decedent is an inhabitant of the Philippines at the
time of his death, whether a citizen of an alien, his will shall
be proved, or letters of administration granted, and his estate
settled, in the RTC in the province in which he resides at the
time of his death, and if he is an inhabitant of a foreign
country, the RTC of any province in which he had his estate.
The court first taking cognizance of the settlement of the
estate of a decedent, shall exercise jurisdiction to the
exclusion of all other courts (Sec. 1).
SETTLEMENT OF ESTATE OF
DECEASED PERSONS (Rules 73
– 91)
 Settlement of Estate of Deceased Persons, Venue and
Process (Rule 73)
 (2) Under RA 7691, the law expanding the jurisdiction of the
inferior courts, MTC, MeTC and MCTC shall exercise exclusive
original jurisdiction over probate proceedings, testate and
intestate, where the value of the estate does not exceed
P200,000 (outside Metro Manila) or where such estate does
not exceed P400,000 (in Metro Manila).
 (3) The jurisdiction of the RTC is limited to the settlement
and adjudication of properties of the deceased and cannot
extend to collateral matters.
SETTLEMENT OF ESTATE OF
DECEASED PERSONS (Rules 73 – 91)
 Settlement of Estate of Deceased Persons, Venue and
Process (Rule 73)
 Venue in judicial settlement of estate
 (1) The residence of the decedent AT THE TIME OF HIS
DEATH is determinative of the venue of the proceeding. If he
was a resident (inhabitant) of the Philippines, venue is laid
exclusively in the province of his residence, the jurisdiction
being vested in the Regional Trial Court thereof.
 Residence means his personal, actual, or physical
habitation, his actual residence or place of abode.
SETTLEMENT OF ESTATE OF
DECEASED PERSONS (Rules 73 – 91)
 Settlement of Estate of Deceased Persons, Venue and
Process (Rule 73)
 Venue in judicial settlement of estate
 (2) It is only where the decedent was a non resident of the
Philippines at the time of his death that venue lies in any
province in which he had estate, and then RTC thereof first
taking cognizance of the proceeding for settlement acquires
jurisdiction to the exclusion of other courts. The question of
residence is determinative only of the venue and DOES NOT
AFFECT THE JURISDICTION OF THE COURT. Hence, the
institution of the proceeding in the province wherein the
decedent neither had residence nor estate does not vitiate
the action of the probate court.
SETTLEMENT OF ESTATE OF
DECEASED PERSONS (Rules 73 – 91)
 Settlement of Estate of Deceased Persons, Venue and
Process (Rule 73)
 Venue in judicial settlement of estate
 (3) Where the proceedings were instituted in two courts
and the question of venue is seasonably raised, the court in
which the proceeding was first filed has exclusive jurisdiction
to resolve the issue (De Borja vs. Tan, 97 Phil. 872).
SETTLEMENT OF ESTATE OF
DECEASED PERSONS (Rules 73 – 91)
 Settlement of Estate of Deceased Persons, Venue and
Process (Rule 73)
 Extent of jurisdiction of Probate Court
 (1) The main function of a probate court is to SETTLE AND
LIQUIDATE THE ESTATES OF DECEASED PERSON EITHER
SUMMARILY OR THROUGH THE PROCESS OF ADMINISTRATION.
The RTC acting as a probate court exercises but limited
jurisdiction, thus it has no power to take cognizance of and
determine the issue of title to property claimed by a third
person adversely to the decedent unless the claimant and
all other parties have legal interest in the property consent,
expressly or impliedly, to the submission of the question to the
probate court.
SETTLEMENT OF ESTATE OF
DECEASED PERSONS (Rules 73
– 91)
 Settlement of Estate of Deceased Persons, Venue and
Process (Rule 73)
 Extent of jurisdiction of Probate Court
 (2) The jurisdiction of the probate court merely relates to
matters having to do with the settlement of the estate and
the probate of wills, the appointment and removal of
administrators, executors, guardians and trustees. THE
QUESTION OF OWNERSHIP IS, AS A RULE, AN EXTRANEOUS
MATTER WHICH THE PROBATE COURT CANNOT RESOLVE WITH
FINALITY.
SETTLEMENT OF ESTATE OF
DECEASED PERSONS (Rules 73 – 91)
 Powers and Duties of Probate Court
 (1) In probate proceedings, the court:
 (a) Orders the probate of the will of the decedent (Sec. 3,
Rule 77);
 (b) Grants letters of administration of the party best entitled
thereto or to any qualified applicant (Sec. 5, Rule 79);
 (c) Supervises and controls all acts of administration;
 (d) Hears and approves claims against the estate of the
deceased (Sec. 11, Rule 86);
 (e) Orders payment of lawful debts (Sec. 11, Rule 88);
SETTLEMENT OF ESTATE OF DECEASED
PERSONS (Rules 73 – 91)
 Settlement of Estate of Deceased Persons, Venue and
Process (Rule 73)
 Powers and Duties of Probate Court
 (1) In probate proceedings, the court:
 (f) Authorizes sale, mortgage or any encumbrance of real
estate (Sec. 2, Rule 89);
 (g) Directs the delivery of the estate to those entitled
thereto (Sec. 1, Rule 90);
 (h) Issue warrants and processes necessary to compel the
attendance of witnesses or to carry into effect their orders
and judgments, and all other powers granted them by
law (Sec. 3, Rule 73);
SETTLEMENT OF ESTATE OF
DECEASED PERSONS (Rules 73 – 91)
 Settlement of Estate of Deceased Persons, Venue and
Process (Rule 73)
 Powers and Duties of Probate Court
 (i) If a person defies a probate order, it may issue a
warrant for the apprehension and imprisonment of such
person until he performs such order or judgment, or is
released (Sec. 3, Rule 73).
 (2) The court acts as TRUSTEE, and as such, should jealously
guard the estate and see to it that it is wisely and
economically administered, not dissipated
SETTLEMENT OF ESTATE OF
DECEASED PERSONS (Rules 73 – 91)
 Summary Settlement of Estates (Rule 74)
 (1) Summary settlement of estate is a judicial proceeding
wherein, WITHOUT THE APPOINTMENT OF EXECUTOR OR
ADMINISTRATOR, and without delay, the competent court
summarily proceeds to value the estate of the decedent;
ascertain his debts and order payment thereof; allow his will
if any; declare his heirs, devisee and legatees; and distribute
his net estate among his known heirs, devisees, and legatees,
who shall thereupon be entitled to receive and enter into the
possession of the parts of the estate so awarded
to them, respectively (Sec. 2).
SETTLEMENT OF ESTATE OF
DECEASED PERSONS (Rules 73 – 91)
 Extrajudicial settlement by agreement between heirs, when allowed

 (1) If the decedent left no will and 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, the parties may,
without securing letters of administration, divide the estate among
themselves as they see fit by means of a public instrument filed in
the office of the register of deeds, and should they disagree, they
may do so in an ordinary action of partition. If there is only one heir,
he may adjudicate to himself the entire estate by means of an
affidavit filed in the office of the register of deeds. The parties to an
extrajudicial settlement, whether by public instrument or by
stipulation in a pending action for partition, or the sole heir who
adjudicates the entire estate to himself by means of an affidavit
shall file, simultaneously with and as a condition precedent to the
filing of the public instrument, or stipulation in the action for
partition, or of the affidavit in the office of the register of deeds, a
bond with the said register of deeds, in an amount equivalent to
the value of the personal property involved as certified to under
oath by the parties concerned and conditioned upon the payment
of any just claim that may be
filed under section 4 of this rule.
SETTLEMENT OF ESTATE OF
DECEASED PERSONS (Rules 73 – 91)
 Extrajudicial settlement by agreement between heirs, when
allowed
 It shall be presumed that the decedent left no debts if no
creditor files a petition for letters of administration within two
(2) years after the death of the decedent.
 The fact of the extrajudicial settlement or administration shall
be published in a newspaper of general circulation in the
manner provided in the next succeeding section; but no
extrajudicial settlement shall be binding upon any person
who has not participated therein or had no notice
thereof (Sec. 1).
SETTLEMENT OF ESTATE OF
DECEASED PERSONS (Rules 73 – 91)
 Extrajudicial settlement by agreement between heirs, when
allowed
 It shall be presumed that the decedent left no debts if no
creditor files a petition for letters of administration within two
(2) years after the death of the decedent.
 The fact of the extrajudicial settlement or administration shall
be published in a newspaper of general circulation in the
manner provided in the next succeeding section; but no
extrajudicial settlement shall be binding upon any person
who has not participated therein or had no notice
thereof (Sec. 1).
 SETTLEMENT OF ESTATE OF
DECEASED PERSONS (Rules 73 – 91)
 (2) Extrajudicial partition of the estate shall be valid when
the following conditions concur:
 (a) The decedent left no will;
 (b) The decedent left no debts, or if there were debts left,
all had been paid;
 (c) The heirs are all of age or if they are minors, the latter
are represented by their judicial guardian or legal
representative;
 (d) The partition was made by means of a public
instrument or affidavit duly filed with the Register of Deeds;
and
 (e) The fact of the extrajudicial settlement or administration
shall be published in a newspaper of
general circulation.
SETTLEMENT OF ESTATE OF
DECEASED PERSONS (Rules 73 – 91)
 Two-year prescriptive period
 (1) It shall be presumed that the decedent left no debts if
no creditor files a petition for letters of administration within
two (2) years after the death of the decedent (Sec. 1).
 (2) If it shall appear at any time within two (2) years after
the settlement and distribution of an estate in accordance
with the provisions of either of the first two sections of this rule,
that an heir or other person has been unduly deprived of his
lawful participation in the estate, such heir or such other
person may compel the settlement of the estate in the courts
in the manner hereinafter provided for the purpose of
satisfying such lawful participation.
SETTLEMENT OF ESTATE OF
DECEASED PERSONS (Rules 73 – 91)
 Two-year prescriptive period
 And if within the same time of two (2) years, it shall appear
that there are debts outstanding against the estate which
have not been paid, or that an heir or other person has been
unduly deprived of his lawful participation payable in money,
the court having jurisdiction of the estate may, by order for
that purpose, after hearing, settle the amount of such debts
or lawful participation and order how much and in what
manner each distributee shall contribute in the payment
thereof, and may issue execution, if circumstances require,
against the bond provided in the preceding section or
against the real estate belonging to the deceased, or both.
Such bond and such real estate shall remain 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 (Sec. 4).
SETTLEMENT OF ESTATE OF
DECEASED PERSONS (Rules 73
– 91)
 Affidavit of Self-adjudication by sole heir
 (1) If there is only one heir,
 he may adjudicate to himself the entire estate
 by means of an affidavit
 filed in the office of the register of deeds (Sec. 1).
SETTLEMENT OF ESTATE OF
DECEASED PERSONS (Rules 73 – 91)
 Summary settlement of estates of small value, when allowed
 (1) Whenever the gross value of the estate of a deceased
person, whether he died testate or intestate, DOES NOT
EXCEED TEN THOUSAND PESOS, and that fact is made to
appear to the RTC having jurisdiction of the estate by the
petition of an interested person and UPON HEARING, which
shall be held not less than (1) month nor more than three (3)
months from the date of the last publication of a notice
which shall be published once a week for three (3)
consecutive weeks in a newspaper of general circulation in
the province, and after such other notice to interested
persons as the court may direct, the court MAY PROCEED
SUMMARILY, WITHOUT THE APPOINTMENT OF AN EXECUTOR OR
ADMINISTRATOR, and without delay, to grant, if proper,
allowance of the will, if any there be, to determine who are
the persons legally entitled to participate in the estate, and to
apportion and divide it among them after the payment of
such debts of the estate as the court shall then find to be
due; and such persons, in their own right, if they are of lawful
age and legal capacity, or by their guardians or trustees
SETTLEMENT OF ESTATE OF
DECEASED PERSONS (Rules 73 – 91)
 Summary settlement of estates of small value, when allowed
 (1) The court shall make such order as may be just respecting
the costs of the proceedings, and all orders and judgments
made or rendered in the course thereof shall be recorded in the
office of the clerk, and the order of partition or award, if it
involves real estate, shall be recorded in the proper register’s
office (Sec. 2).
 (2) The court, before allowing a partition, may require the
distributees, if property other than real is to be distributed, to file
a bond in an amount to be fixed by court, conditioned for the
payment of any just claim (Sec. 3).
 Affidavit of Self-adjudication by sole heir
 (1) If there is only one heir, he may adjudicate to
himself the entire estate by means of an affidavit filed in the
office
of the register of deeds (Sec. 1).
SETTLEMENT OF ESTATE OF
DECEASED PERSONS (Rules 73
– 91)
 Summary settlement of estates of small value, when allowed
 (1) The court shall make such order as may be just
respecting the costs of the proceedings, and all orders and
judgments made or rendered in the course thereof shall be
recorded in the office of the clerk, and the order of partition
or award, if it involves real estate, shall be recorded in the
proper register’s office (Sec. 2).
 (2) The court, before allowing a partition, may require the
distributees, if property other than real is to be distributed, to
file a bond in an amount to be fixed by court, conditioned
for the payment of any just claim (Sec. 3).
SETTLEMENT OF ESTATE OF
DECEASED PERSONS (Rules 73 – 91)
 Affidavit of Self-adjudication by sole heir
 (1) If there is only one heir,
 he may adjudicate to himself
 the entire estate
 by means of an affidavit filed
 in the office of the register of deeds (Sec. 1).
SETTLEMENT OF ESTATE OF
DECEASED PERSONS (Rules 73 – 91)
 Remedies of aggrieved parties after extra-judicial settlement
of estate
 (1) The creditor may ask for administration of enough
property of the estate sufficient to pay the debt, but the heirs
cannot prevent such administration by paying the
obligation
 (2) Where the estate has been summarily settled, the
unpaid creditor may, within the two-year period, file a
motion in the court wherein such summary settlement was
had for the payment of his credit. After the lapse of the two-
year period, an ordinary action may be instituted against the
distributees within the statute of limitations, but not against
the bond.
 (3) The action to annul a deed of extrajudicial settlement
on the ground of fraud should be filed within four years from
the discovery of the fraud
SETTLEMENT OF ESTATE OF
DECEASED PERSONS (Rules 73 – 91)
 Remedies of aggrieved parties after extra-judicial settlement of
estate
 (1) The creditor may ask for administration of enough property
of the estate sufficient to pay the debt, but the heirs cannot
prevent such administration by paying the
obligation (McMicking vs. Sy Conbieng, 21 Phil. 211);
 (2) Where the estate has been summarily settled, the unpaid
creditor may, within the two-year period, file a motion in the
court wherein such summary settlement was had for the
payment of his credit. After the lapse of the two-year period, an
ordinary action may be instituted against the distributees within
the statute of limitations, but not against the bond.
 (3) The action to annul a deed of extrajudicial settlement on
the ground of fraud should be filed within four years from the
discovery of the fraud (Gerona vs. De Guzman, L-19060, May 29,
1964).
SETTLEMENT OF ESTATE OF
DECEASED PERSONS (Rules 73 – 91)
 Production and Probate of Will (Rule 75)
 Nature of probate proceeding
 (1) Probate of a will is a proceeding in rem. It cannot be
dispensed with and substituted by another proceeding,
judicial or extrajudicial, without offending public policy. It is
mandatory as no will shall pass either real or personal
property unless proved and allowed in accordance with the
Rules. It is imprescriptible, because it is required by public
policy and the state could not have intended to defeat the
same by applying thereto the statute of limitation of actions
SETTLEMENT OF ESTATE OF
DECEASED PERSONS (Rules 73 – 91)
 Production and Probate of Will (Rule 75)
 Who may petition for probate; persons entitled to notice
 (1) Any executor, devisee, or legatee named in a will, or
any other person interested in the estate, may, at any time
after the death of the testator, petition the court having
jurisdiction to have the will allowed, whether the same be in
his possession or not, or is lost or destroyed. The testator
himself may, during his lifetime, petition the court for the
allowance of his will (Sec. 1, Rule 76).
SETTLEMENT OF ESTATE OF
DECEASED PERSONS (Rules 73 – 91)
 Production and Probate of Will (Rule 75)
 (2) The court shall also cause copies of the notice of the time
and place fixed for proving the will to be addressed to the
designated or other known heirs, legatees, and devisees of the
testator resident in the Philippines at their places of residence,
and deposited in the post office with the postage thereon
prepaid AT LEAST TWENTY (20) DAYS BEFORE THE HEARING, if such
places of residence be known. A copy of the notice must in like
manner be mailed to the person named as executor, if he be
not be petitioner; also, to any person named as co-executor not
petitioning, if their places of residence be known. Personal
service of copies of the notice AT LEAST TEN (10) DAYS BEFORE
THE DAY OF HEARING SHALL BE EQUIVALENT TO MAILING. If the
testator asks for the allowance of his own will, NOTICE
SHALL BE SENT ONLY TO HIS COMPULSORY HEIRS
(Sec. 4, Rule 76).
SETTLEMENT OF ESTATE OF
DECEASED PERSONS (Rules 73 – 91)
 Production and Probate of Will (Rule 75)
 (2) The court shall also cause copies of the notice of the time
and place fixed for proving the will to be addressed to the
designated or other known heirs, legatees, and devisees of the
testator resident in the Philippines at their places of residence,
and deposited in the post office with the postage thereon
prepaid AT LEAST TWENTY (20) DAYS BEFORE THE HEARING, if such
places of residence be known. A copy of the notice must in like
manner be mailed to the person named as executor, if he be
not be petitioner; also, to any person named as co-executor not
petitioning, if their places of residence be known. Personal
service of copies of the notice AT LEAST TEN (10) DAYS BEFORE
THE DAY OF HEARING SHALL BE EQUIVALENT TO MAILING. If the
testator asks for the allowance of his own will, NOTICE
SHALL BE SENT ONLY TO HIS COMPULSORY HEIRS
(Sec. 4, Rule 76).
SETTLEMENT OF ESTATE OF
DECEASED PERSONS (Rules 73 – 91)
 Allowance or Disallowance of Will (Rule 76)
 Contents of petition for allowance of will
 (1) A petition for the allowance of a will must show, so far as
known to the petitioner:
 (a) The jurisdictional facts;
 (b) The names, ages, and residences of the heirs, legatees, and
devisees of the testator or decedent;
 (c) The probable value and character of the property of the
estate;
 (d) The name of the person for whom letters are prayed;
 (e) If the will has not been delivered to the court, the name of
the person having custody of it.
 But 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 (Sec. 2, Rule 76).
SETTLEMENT OF ESTATE OF
DECEASED PERSONS (Rules 73 – 91)
 Grounds for disallowing a will
 (1) The will shall be disallowed in any of the following
cases;
 (a) If not executed and attested as required by law;
 (b) If the testator was insane, or otherwise mentally
incapable to make a will, at the time of its execution;
 (c) If it was executed under duress, or the influence of fear,
or threats;
 (d) 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;
 (e) 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 (Sec. 9, Rule 76).
SETTLEMENT OF ESTATE OF
DECEASED PERSONS (Rules 73 – 91)
 Grounds for disallowing a will
 (2) Grounds under Art. 839, Civil Code:
 (a) If the formalities required by law have not been complied
with;
 (b) If the testator was insane, or otherwise mentally incapable
of making a will, at the time of its execution;
 (c) If it was executed through force or duress, or the influence
of fear, or threats;
 (d) If it was procured by undue and improper pressure and
influence, on the part of the beneficiary or of some other
person;
 (e) If the signature of the testator was procured by fraud;
 (f) If the testator acted by mistake or did not intend that the
instrument he signed should be his will at the time of affixing his
signature thereto.
SETTLEMENT OF ESTATE OF
DECEASED PERSONS (Rules 73 – 91)
 Reprobate; Requisites before will proved outside allowed in
the Philippines; effects of probate
 (1) Will proved outside Philippines may be allowed
here. Wills proved and allowed in a foreign country,
according to the laws of such country, may be allowed,
filed, and recorded by the proper Court of First Instance in
the Philippines (Sec. 1, Rule 77).
 (2) When will allowed, and effect thereof. If it appears at
the hearing that the will should be allowed in the Philippines,
the court shall so allow it, and a certificate of its
allowance, signed by the judge, and attested by the seal of
the court, to which shall be attached a copy of the will, shall
be filed and recorded by the clerk, and the will shall have
the same effect as if originally proved and allowed in such
court (Sec. 3, Rule 77).
SETTLEMENT OF ESTATE OF
DECEASED PERSONS (Rules 73 – 91)
 Reprobate; Requisites before will proved outside allowed in
the Philippines; effects of probate
 3) When a will is thus allowed, the court shall grant letters
testamentary, or letters of administration with the will
annexed, and such letters testamentary or of administration,
shall extend to all the estate of the testator in the Philippines.
Such estate, after the payment of just debts and expenses of
administration, shall be disposed of according to such will, so
far as such will may operate upon it; and the residue, if any,
shall be disposed of as is provided by law in cases of estates
in the Philippines belonging to persons who are inhabitants of
another state or country (Sec. 4, Rule 77).
SETTLEMENT OF ESTATE OF
DECEASED PERSONS (Rules 73 – 91)
 Reprobate; Requisites before will proved outside allowed in
the Philippines; effects of probate
 (4) Certificate of allowance attached to proved will. To be
recorded in the Office of Register of Deeds. If the court is
satisfied, upon proof taken and filed, that the will was duly
executed, and that the testator at the time of its execution
was of sound and disposing mind, and not acting under
duress, menace, and undue influence, or fraud, a certificate
of its allowance, signed by the judge, and attested by the
seal of the court shall be attached to the will and the will and
certificate filed and recorded by the clerk. Attested copies
of the will devising real estate and of certificate of allowance
thereof, shall be recorded in the register of deeds of the
province in which the lands lie (Sec. 13, Rule 76).
SETTLEMENT OF ESTATE OF
DECEASED PERSONS (Rules 73 – 91)
 Reprobate; Requisites before will proved outside allowed in
the Philippines; effects of probate
 (5) The general rule universally recognized is that
administration extends only to the assets of the decedent
found within the state or country where it was granted, so
that an administrator appointed in one state or country has
no power over the property in another state or
country (Leon & Ghezzi vs. Manufacturer’s Life Ins., 80 Phil.
495).
SETTLEMENT OF ESTATE OF
DECEASED PERSONS (Rules 73 – 91)
 Reprobate; Requisites before will proved outside allowed in
the Philippines; effects of probate
 (5) When a person dies intestate owning property in the
country of his domicile as well as in foreign country,
administration shall be had in both countries. That which is
granted in the jurisdiction of the decedent’s domicile is
termed the PRINCIPAL ADMINISTRATION, while any other
administration is termed ANCILLARY ADMINISTRATION. The
ancillary administration is proper whenever a person dies
leaving in a country other than that of his domicile, property
to be administered in the nature of assets of the decedent,
liable for his individual debts or to be distributed among his
heirs (Johannes vs. Harvey, 43 Phil. 175).