REMEDIAL LAW REVIEWER

SPECIAL PROCEEDINGS
8. Escheat;
9. Voluntary
dissolution
of
corporations (filed with the SEC);
10. Settlement of estate of a deceased
person;
11. Habeas corpus;
12. Declaration of absence and death;
13. Rescission
and
revocation
of
adoption (Assimilated in in Rule of
Adoption);
14. Cancellation and correction of
entries in the civil registry.

GENERAL OBSERVATIONS &

APPLICATION OF THE PARETO
PRINCIPLE ON QUESTIONS
TAKEN FROM THE RULES ON
SPECIAL PROCEEDINGS FOR
THE PAST 20 YEARS.
1. Special proceedings have 37 Rules.
Out of these 37 Rules, 17 were
asked.
2. About 50 questions were taken out
of these 17 rules.
3. Of the 50 questions asked, 82%
were derived from only 8 rules.
4. These 8 rules represent almost
22% of the total number of rules in
Special proceedings.
5. Most asked rule:
a. Rule 102 Habeas Corpus.
(14x)
b. Rule 75 Production of Will
Allowance of Will Necessary.
(9x)
c. Rule
74

Summary
Settlement of Estates. (5x)
d. Rule 108 cancellation or
correction of entries in the
civil registry. (3x)
e. Rule 73 Venue and Process
(3x)
f. Rule 86 Claims Against
Estate (3x)
g. Rule
78

Letters
testamentary
and
of
administration, when and to
whom issued. (2x)

RULE 72 SUBJECT MATTER

AND APPLICABILITY OF
GENERAL RULES (1)
SPECIAL PROCEEDING is a remedy by
which a party seeks to establish a status,
a right, or a particular fact.

OTHER SPECIAL PROCEEDINGS:

1. Land registration proceedings;
2. Writ of Amparo;
3. Writ of Habeas Data.
NOTE: The list under S1, R72 is not
exclusive. Any petition which has for its
main purpose the establishment of a
status, a right, or a particular fact may be
included as a special proceeding.

Declaration of presumptive death is a

special proceeding which seeks to
establish the fact (albeit presumptive)
of death.

The SC has held that Art.151 of the FC,

which requires that in suits involving
the members of the same family, there
must be a verified allegation of earnest
efforts at compromise, applies only to
suits or ordinary civil actions but not to
a special proceeding like a petition for
settlement of estate. (10 Bar Q16)

Intervention as set for under R19 does

not extend to creditors of a decedent
whose credit is based on a contingent
claim. Case law has consistently held
that the legal interest required of an
intervenor must be actual and
material, direct and immediate, and
not simply contingent or expectant.

14
SPECIAL
PROCEEDINGS
ENUMERATED IN THE RULES OF
COURT: (CATCH-AGED-SHARC)
1.
2.
3.
4.

Change of name;
Adoption;
Trustees;
Constitution of family home (the
concept of a natural child was
abolished and there is no more
need to constitute a family home
for the same is automatically
constituted under Art. 523 of the
FC);
5. Hospitalization of insane persons;
6. Judicial Approval of voluntary
recognition
of
minor
natural
children;
7. Guardianship and custody of minor;

SETTLEMENT OF ESTATE OF
DECEASED PERSONS
(RULES 73 90)
DIFFERENT
MODES
OF
SETTLEMENT OF ESTATE OF A
DECEASED PERSON/ PRESUMED
DEAD.
1. Extrajudicial settlement of estate
(S1, R74).
2. Summary settlement of estate of
small value (S2, R74).
3. Partition (R69).
4. Probate of Will (R75-79).
5. Petition of letters of administration
in case of Intestacy (R79).

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REMEDIAL LAW REVIEWER

SPECIAL PROCEEDINGS
PROCEDURE IN JUDICIAL
SETTLEMENT PROCEEDINGS
Petition for probate of will, if any.
(R75-76)
Court order fixing the time and place
for probate.
Publication of hearing for 3 successive
weeks. Notice shall also be given to
the designated/ known heirs, legatees
and devisees, and the executor if the
one petitioning for allowance of the will
is not the testator.
Issuance of Letters Testamentary/
Administration. (A special
administrator may be appointed)
(R77-80)
Publication of notice for Filing of
claims.
Filing of Claims
(R86)
Issuance of Order of Payment or sale of
properties.
Payment of claims:
sale/mortgage/encumbrance of estate
properties.
Distribution of remainder, if any. (This
can be made even before payment, if
bond is filed by the heirs.)

RULE 73 VENUE AND

PROCESS (3)
JURISDICTION
It depends upon the gross value of the
estate of the decedent:
1. METRO MANILA MTC if GV does
not exceed P400,000, otherwise,
RTC.
2. OUTSIDE Metro Manila MTC if GV
does
not
exceed
P300,000,
otherwise, RTC.
NOTE: Jurisdiction over the subject matter
is determined by the allegations in the
petition; hence, it is not the actual gross
value of the estate which is the basis of
jurisdiction but the alleged gross value of
the estate.

The SC has held that if a petition does

not allege the GV of the estate, the
court does not acquire jurisdiction. A
court may motu proprio dismiss a case
on the ground of lack of jurisdiction,
whether at the first instance or on
appeal.

VENUE
1. INHABITANT (RESIDENT) OF THE
Phil. (whether citizen or alien)
Court of the Province/City where he
resides at the time of death.
2. INHABITANT
(RESIDENT)
OF
FOREGIN COUNTRY Court of any
province he had his estate.
RESIDENCE means his personal, ACTUAL
or physical habitation, his ACTUAL
residence or place of abode.
NOTE: The SC has held that the writs and
processes of a probate court cannot
extend outside the Philippines.
Moreover, in a petition for probate
of a will of non-resident, the petition
should allege the jurisdictional fact that
the testator left an estate in the
Philippines. (10 Bar Q15)
EXTENT OF JURISDICTION
Probate courts are courts of LIMITED
jurisdiction. It may only determine and
rule upon issues relating to the settlement
of the estate, namely: (ALD)
1. ADMINISTRATION of the estate;
2. LIQUIDATION of the estate;
3. DISTRIBUTION of the estate.
General rule: Probate court
determine issue of ownership.

cannot

Exception:
1. Ownership may be provisionally
determined for the purpose of
including property in inventory,
without prejudice to its final
determination in a separate action;
or
2. 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.
3. Question is one of collation or
advancement.
PREFERENTIAL JURISDICTION RULE
The court first taking cognizance of the
settlement of the estate of a non-resident
decedent shall exercise jurisdiction to the
exclusion of all other courts.
Applies only to Non-resident decedent.
(Resident The Court where he resides
at the time of his death.)
While
it
is
true
that
probate
proceedings shall take precedence
over intestate proceedings, this rule
should be taken in conjunction with the
rule on preferential jurisdiction.
REMEDY IF VENUE IS IMPROPERLY
LAID
The venue of probate proceeding can only
be questioned on appeal, but certiorari

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REMEDIAL LAW REVIEWER

SPECIAL PROCEEDINGS
under R73 may be resorted to if the
impropriety of the venue appears on the
record of the case.

Publication of notice of the fact of

extrajudicial settlement once a week for 3
consecutive weeks in a newspaper of
general circulation.

RULE 74 SUMMARY
SETTLEMENT OF ESTATES (5)

Filing of bond equivalent to the value of

personal property with the proper RD.

SUMMARY SETTLEMENT OF ESTATES

OF SMALL VALUE
It is the procedure provided for in R74 for
the summary settlement of estate
(whether testate or intestate whose gross
value does not exceed P10,000. The MTC
has jurisdiction pursuant to B.P. blg. 129.

DISPUTABLE PRESUMPTION THAT

DECEDENT LEFT NO DEBTS
If no creditor files a petition for letters of
administration within 2 years after the
death of the decedent it is presumed that
the estate left no debts.

PROCEDURE IN SUMMARY
SETTLEMENT OF ESTATES OF SMALL
VALUE
Application for summary settlement with
an allegation that the GV of the estate
does not exceed P10,000.
Publication of notice of the fact of
summary settlement once a week for 3
consecutive weeks in a newspaper of
general circulation.
Hearing to be held not less than 1 month
nor more than 3 months from the date of
the last publication of notice.
Court to proceed summarily, without
appointing an executor/administrator, and
to make orders as may be necessary, such
as: a) grant allowance of will, if any; b)
determine persons entitled to estate; c)
pay debts of estate which are due.
Filing of the bond fixed by the court.
Partition of estate.
EXTRAJUDICIAL
SETTLEMENT
AGREEMENT BETWEEN HEIRS

BY

Requisites:
1. The decedent left NO WILL and NO
DEBTS.
2. The heirs are all of age or the minors
are represented by their judicial or
legal representatives duly authorized
for the purpose.

REMEDIES OF THE AGGRIEVED

PARTIES AFTER SETTLEMENT OF THE
ESTATE
1. Within 2 years claim against the
bond or the real estate or both;
2. RESCISSION in case of preterition
of compulsory heir 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 from the
discovery of fraud;
5. PETITION FOR RELIEF on the
ground of FAME 60 days after the
petitioner learns of the judgment,
final order or other proceeding to
be set aside, and not more than 6
months after such judgment or
final order was entered;
6. REOPENING BY INTERVENTION
within any time before rendition of
judgment, as long as it is within the
reglementary period of 2 years;
7. New action to ANNUL settlement
within reglementary period of 2
years.
Note: If on the date of the expiration of
the 2- year period the person authorized
to file a claim is a minor or mentally
incapacitated, or is in prison or outside of
the Philippines (MIPO), he may present his
claim within 1 year after such disability is
removed. (S5, R74)

Under Art.1456 of the Civil Code, if

property is acquired through fraud, the
person obtaining it is by force of law
considered a trustee of an implied
trust for the benefit of the person from
whom the property comes. The action
should be brought within 10 years from
the registration of the title and
provided the property has not been
acquired by an innocent purchaser for
value. (File for action of reconveyance
based on implied trust.)

The publication of the deed of

extrajudicial
partition
does
not

PROCEDURE IN EXTRAJUDICIAL
SETTLEMENT BY AGREEMENT
BETWEEN/AMONG HEIRS
Division of estate in public instrument or
affidavit of adjudication.
The public instrument or affidavit of
adjudication must be filed with the proper
Registry of Deeds.

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SPECIAL PROCEEDINGS
constitute constructive notice to the
whole world since S1 R74 provides that
no extrajudicial settlement shall be
binding upon any person who has not
participated therein or had no notice
thereof.

RULE 75 PRODUCTION OF
WILL ALLOWANCE OF WILL
NECESSARY (9)
NATURE OF PROBATE PROCEEDINGS
1. IN REM binding on the whole
world;
2. MANDATORY no will shall pass
either real or personal unless it is
proved and allowed in the proper
court.
3. IMPRESCRIPTIBLE because of the
public policy to obey the will of the
testator.
4. THE DOCTRINE OF ESTOPPEL DOES
NOT APPLY.
NOTE: The SC has held that presentation
and probate of the will is required by
public policy. It involves public interest.

The custodian of the will must deliver

the will to the court or to the executor
WITHIN 20 DAYS after he learns of the
death of the testator.

The executor, within 20 days after he

knows of the testators death or after
he knows that he is named an
executor if he knows it after the
testators death shall:
1. Present the will to the court (unless
it has reached the court in any
other manner); and
2. Signify in writing his acceptance
OR refusal of the trust.

(LIED)
1. Legatee named in a will;
2. Person INTERESTED in the estate;
An interested party is one who
would be benefited by the estate
(heir or creditor).
3. Executor;
4. Devisee.

The testator himself may, during his

lifetime, petition the court for the
allowance of the will. This is known as
ante-mortem probate.

The SC has held that one who has

assigned or renounced his hereditary
rights has no legal interest as would
authorize him to initiate probate
proceedings.

No defect in the petition (for

allowance) shall render void the
allowance of the will, or the issuance of
letters
testamentary
or
of
administration with the will annexed.

EFFECT OF THE PROBATE OF THE

WILL
It is conclusive as to the EXECUTION and
VALIDITY of the will (even against the
State). Thus, a criminal case against the
forger not lie after the will has been
probated.
EVIDENCE
REQUIRED
FOR
ALLOWANCE OF THE WILL

THE

PROBATE is the act of proving in a court

a document purporting to be the last will
and testament of a deceased person in
order that it may be officially recognized,
registered and its provisions carried out
insofar as they are in accordance with law
(also referred to as allowance of will).

1. UNCONTESTED WILLS
a. NOTARIAL WILLS testimony of AT
LEAST ONE of the subscribing
witnesses may be allowed, if such
witness testifies that the will was
executed as is required by law.
I.
If
all
subscribing
witnesses reside outside
the
province,
DEPOSITION is allowed.
II.
If
the
subscribing
witnesses
are
dead,
insane, or none of 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
any of them.

WHO MAY PETITION FOR ALLOWANCE

OF WILL

b. HOLOGRAPHIC
WILLS

The
testimony of ONE witness who

A custodian and executor is subject to

a fine not exceeding P2,000 for
neglect. And may be imprisoned if they
were ordered by the probate court to
deliver the will and neglects without
reasonable cause to do so.

RULE 76 ALLOWANCE OR
DISALLOWANCE OF WILL (1)

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SPECIAL PROCEEDINGS
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.

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.

2. CONTESTED WILL
a. NOTARIAL WILLS ALL subscribing
witnesses AND the NOTARY PUBLIC
before
whom
the
will
was
acknowledged must be produced
and examined.

NOTE: The presence of any of the above

circumstances renders the will VOID not
merely voidable. There is no such thing as
voidable will.

HOWEVER, if any or all the

witnesses (i) testify against the
execution of the will, (ii) do not
remember attesting thereto, or (iii)
are 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. (An
instance where a party may
impeach his own witness).
b. HOLOGRAPHIC WILLS The SC has
held in the case of Codoy vs.
Calugay, that if the holographic will
is contested, 3 witnesses who know
the handwriting and signature of
the testator are now mandatory to
prove its authenticity and for its
allowance. In the absence thereof
and if the court deem it necessary,
testimony of an expert witness
may be resorted to.
NOTE: A holographic will if destroyed
cannot be probated unless there exists a
Photostatic or Xerox copy thereof.

The SC has held that to contest a will

means to challenge the authenticity
thereof. If the challenge was based on
undue
influence
and
lack
of
testamentary intent but did not
otherwise attack the wills authenticity,
the testimony of one competent
witness is enough.

EXCLUSIVE
GROUNDS
DISALLOWING A WILL (FIDUS)

FOR

1. Not executed and attested as

required by law (FORMAILITIES);
2. If the testator was INSANE, or
otherwise mentally incapable of
making 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;

SUBSTANTIAL COMPLIANCE RULE

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. (Art.809 NCC)
SEPARATE WILLS
The SC has held that separate wills which
contain essentially the same provisions
and pertain to properties whish in all
probability are conjugal in nature, practical
considerations dictate their joint probate.
PROBATE STAGE
The rule is that during the probate stage,
the court can pass only upon the extrinsic
validity of a will, that is, whether the will
complied with the formalities prescribed
by law and whether the testator had
testamentary
capacity.
The
intrinsic
validity of the will be passed upon the
probate court only during the stage for the
determination of the heirs and the
distribution of the estate.
EXCEPTION: Where the defect of the will
is apparent on its face, the court may pass
upon its intrinsic validity since the probate
of the will would become a useless
ceremony.
ADDITIONAL NOTES:
Preterition applies only to inadvertent
omission in the will. If there was no
inadvertent omission, that is, the
testator
made
an
effective
disinheritance, the will is valid.

If there is no opposition with

simultaneous petition for letters of
administration was filed, the court
cannot continue the case as intestacy
as it will have no jurisdiction and
power to appoint an administrator.

RULE 77 ALLOWANCE OF WILL

PROVED OUTSIDE THE
PHILIPPINES AND
ADMINISTRATION OF ESTATE
THEREUNDER (1)
WILL
PROVED
OUTSIDE
THE
PHILIPPINES MAY BE PROVED HERE

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SPECIAL PROCEEDINGS
It is a requirement that a will which was
probated in a foreign country be reprobated in the Philippines. If the
decedent owns properties in different
countries, separate proceedings must be
had to cover the same.
NOTES:
In the absence of proof of the foreign
law, it is presumed that it is the same
as that in the Philippines (Doctrine of
Processual Presumption.)

The venue for the petition for reprobate is the same as that provided
for in R73.

A will of a foreigner executed abroad

can be probated in the Philippines
without need of being probated
abroad. Art.816 of the NCC states that
the will of an alien who is abroad
produces effect in the Philippines if
made
in
accordance
with
the
formalities prescribed by the law of the
place where he resides, or according to
the formalities observed in his country.
Reprobate of a will already probated
and allowed in a foreign country is
different from that probate where the
will is presented for the first time
before a competent court. Reprobate is
specifically governed by R&&. In
reprobate,
the
local
court
acknowledges as binding the findings
of the foreign probate court provided
its jurisdiction over the matter can be
established. If the instituted heirs do
not have the means to go abroad for
the probate of the will, it is as good as
depriving them outright of their
inheritance.

RULE 78 LETTERS
TESTAMENTARY AND OF
ADMINISTRATION, WHEN AND
TO WHOM ISSUED (2)
INITIATORY PLEADING IN PROBATE
PROCEEDINGS
1. If a person dies TESTATE:
a. Petition for allowance of will
and for letters testamentary if
there is an executor named in
the will; or
b. Petition for allowance of will
and for letters of administration
with the will annexed, in case
there is a will but there is no
executor named in the will or
the executor named in the will
is incompetent, refuses the
appointment, or fails to give a
bond.
2. If a person dies INTESTATE:

a. Petition
for
administration.

letters

of

WHO CAN ADMINISTER AN ESTATE

1. EXECUTOR the one named by the
testator in his will for the
administration of his property after
his death.
2. ADMINISTRATOR
(SPECIAL
OR
REGULAR) the one appointed by
the court in accordance with the
rules
governing
statutes
to
administer and settle the intestate
estate.
3. ADMINISTRATOR WITH A WILL
ANNEXED 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.
INCOMPETENT
TO
SERVE
AS
EXECUTORS OR ADMINISTRATORS
1. A minor;
2. A non-resident;
3. One who in the opinion of the court
is unfit to exercise the duties of the
trust by reason of:
a. Drunkenness;
b. Improvidence;
c. Want of understanding or
integrity;
d. Conviction
for
an
offense
involving
moral
turpitude
(MALUM IN SE).
4. The executor of an executor cannot
administer the estate of the firs
testator.
ORDER
OF
PREFERENCE
IN
GRANTING
LETTERS
OF
ADMINISTRATION (SNB RPC)
1. Surviving spouse;
2. Next of kin;
3. Surviving spouse and next of kin;
4. Person who the surviving spouse or
next of kin requests to have
appointed;
5. Principal creditor/s if the above
neglect for 30 days after the
persons death to apply for
administration or to request that
administration be granted to some
other person;
6. Person as the court may select, if
no principal creditor competent
and willing to serve.
NOTE: The probate court may for valid
reason cause disregard such order of
preference.
TO WHOM AND WHEN LETTERS
TESTAMENTARY IS ISSUED

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SPECIAL PROCEEDINGS
When the will has been proved and
allowed, the court shall issue letters
testamentary to the person named as
executor therein, if he is competent,
accepts the trust, and gives bond as
required under R81.

Administrator
Order
of
appointment is
FINAL
and
is
APPEALABLE.
One
of
the
obligations is to
pay the debts of
the estate.
Appointed when
decedent
died
intestate or did
not appoint an
executor in the
will
was
disallowed.

RULE 79 OPPOSING
ISSUANCE OF LETTERS
TESTAMENTARY, PETITION
AND CONTEST FOR LETTERS
OF ADMINISTRATION (1)
The main issue is the determination of
the person who is rightfully entitled to
administration.
PERSONS TO OPPOSE ISSUANCE
OF THE LETTERS
Any person interested in the will may
state in writing the grounds why letters
testamentary should not issue to the
persons named therein as executors,
or any of them.
A petition may at the same time be
filed for letters of administration with
the will annexed (simultaneous petition
for administration).

An INTERESTED PERSON is one

who stands to be benefited from
the distribution of the estate as in
the case of an heir or a creditor.
The interest must be material
and direct and not merely indirect
or contingent. Thus a claimant
whose right depends upon the dis
allowance of the second will and
the incapacity of the legatees in
the first will to inherit is not an
interested party since his interest
depends upon a contingency.

NOTE: The SC has held that a person

who cohabited with another is a coowner of the properties acquired
through their joint efforts during the
cohabitation pursuant to the FC and
that such co-ownership would qualify
her as an interested person. (08 Bar
Q10)

RULE 80 SPECIAL
ADMINISTRATOR (0)
SPECIAL ADMINISTRATOR is a
representative
of
the
decedent
appointed upon the discretion of the
probate court to care for and preserve
his estate until an executor or general
administrator is appointed.
Regular

Special

Administrator
Order
of
appointment
is
INTERLOCUTORY
and
is
NOT
APPEALABLE.
Cannot pay debts
of the estate.

Appointed
when
there is delay in
granting
letters
testamentary
or
administration or
when the executor
is a claimant of
the estate.

NOTE: 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. There is no harm
in appointing the same person as
special administrator because there is
a vast difference between the powers
and duties between the two positions.

While a special administrator may

commence and maintain suits
under S2, he cannot be sued by a
creditor for the payment of the
debts of the deceased. Such suit
must await the appointment of a
regular administrator.

RULE 81 BONDS OF
EXECUTORS AND
ADMINISTRATORS (0)
WHEN BOND IS FILED:
Before an executor or administrator
enters upon the execution of his trust.
AMOUNT: To be fixed by the court.
PURPOSE:
It is intended as an indemnity to the
creditors, the heirs and the estate. It
shall be accountable for any breach of
duty that may be done by the
administrator or executor. The liability
may be enforced by motion or in a
separate civil action.
CONDITIONS OF THE BOND: (IAAP)
1. Make within 3 MONTHS a true and
complete
INVENTORY
of
the
property of the deceased which
came to his knowledge and

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SPECIAL PROCEEDINGS
possession (not jurisdictional and
not mandatory);
2. ADMINISTER the estate and pay
and discharge all debts, legacies
and charges, including dividends
declared by the court from the
proceeds (lease for more than 1
year is no longer acts of
administration);
3. Render a true and just ACCOUNT
within ONE YEAR and when
required by the court (making of an
inventory is a preliminary and
provisional nature and is not
decisive of the rights of all persons
in interest);
NOTE: The SC has held that a
probate court has no jurisdiction
over the question of title of
properties. Such question should
be resolved in a separate action.
4. PERFORM all orders of the court.
NOTES:
Terms and effectivity of bond DOES
NOT depend on payment of premium
and does not expire until the
administration is closed. As longs the
probate court retains jurisdiction of the
estate, the bond contemplates a
continuing liability.

Even if the testator has directed in

his will that his executor serve
without a bond, the court may still
require him to file a bond
conditioned only to pay the debts
of the testator.

RULE 82 REVOCATION OF
ADMINISTRATION, DEATH,
RESIGNATION AND REMOVAL
OF EXECUTORS AND
ADMINISTRATORS (0)
It is only when the newly discovered
will has been admitted to probate that
the letters of administration shall be
revoked by the probate court.
GROUNDS
FOR
REMOVAL
OF
EXECUTOR OR ADMINISTRATOR
(RASPI)
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.

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.
ARTICLES NOT TO BE INVENTORIED
1. Wearing apparel of the 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.
PERSONS
ENTITLED
TO
ALLOWANCE
DURING
PROCEEDINGS
1. LEGITIMATE surviving spouse;
2. Children of the decedent (whether
minor or of legal age.
NOTE: When liabilities exceed the
assets 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, is to be deducted
from the respective share of each heir
during distribution.

RULE 84 GENERAL
PROVISIONS AND DUTIES OF
EXECUTORS AND
ADMINISTRATORS (0)
POWERS OF THE EXECUTOR OR
ADMINISTRATOR OF THE ESTATE
(BERIP)
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 necessary repairs;
5. To POSSESS and manage the estate
when necessary:
a. For the payment of debts; and

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b. For payment of expenses of
administration.
RESTRICTIONS ON THE POWER OF
AN ADMINISTRATOR OR EXECUTOR
(ABS _ LCP)
1. Cannot ACQUIRE by purchase, even
at 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 fund 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.
NOTE: The right of an executor or
administrator to the possession and
management of the real and personal
properties of the deceased is not
absolute and can only be exercised so
long as it is necessary for the payment
of the debts and expenses of the
administration.

c. The settlement has required a

high degree of capacity of the
executor or administrator.
NOTE: Acting as a counsel in a suit is
not part of the duties of an
administrator of the estate. It is but
just that he is paid attorneys fees.
ATTORNEYS FEES
The SC has held that the lawyer should
first seek payment from the executor
or administrator who is primarily liable.
However if the executor or
administrator refuses to pay the
lawyer, the latter has two alternatives:
a. The lawyer may file a separate suit
against
the
executor
or
administrator
in
the
latters
personal capacity; or
b. The lawyer may file a direct claim
against the estate itself for
recovery
of
the
fees
as
ADMINISTRATIVE EXPENSES.
NOTE: A writ of execution against
the estate is dismissed if no notice
of the motion is given to ALL
interested parties.
A motion of Writ of Execution is not
premature. A lawyers fee treated
as administration expense is paid
ahead of the claims of the
interested parties.

RULE 85 ACCOUNTABILITY
AND COMPENSATION OF
EXECUTORS AND
ADMINISTRATORS (0)
ACCOUNTABILITY
GENERAL RULE: The executor or
administrator is accountable for the
whole estate of the deceased.
EXCEPTION: 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.
COMPENSATION IF THERE IS NO
PROVISION IN THE WILL
1. P4.00 a day for the time actually
and necessarily employed; or
2. COMMISSION;
3. A GREATER SUM may be allowed if:
a. The estate is large;
b. The
settlement
has
been
attended with great difficulty;

RULE 86 CLAIMS AGAINST

ESTATE (3)
MONEY CLAIMS
1. All claims for money against
decedent arising from contract,
a. express or implied;
b. whether the same be due,
due; or
c. contingent.
2. All claims for funeral expenses;
3. All claims for expenses for the
sickness of the decedent; and
4. Judgment for money against
decedent.

the
not

last
the

STATUTE OF NON-CLAIMS is the

period fixed by the rule for the filing of
the claims against estate.
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.
NOTE:
Even
if
the
testator
acknowledged the debt in his will and
instructed the executor to pay the

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debt, the statute of non-claims must
still be complied with; otherwise the
claim may also be barred.

EXCEPTION:
CLAIMS

BELATED/TARDY

BELATED/TARDY 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 and order of
distribution is entered, the court may:
a. for cause shown; and
b. 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.
IMPORTANT NOTES:

A creditor barred by the statute of

non-claims may file a claim as
COUNTERCLAIM in any suit that the
executor or administrator may
bring against such creditor.

A money claim arising from CRIME

or QUASI-DELICT committed by the
decedent is not included in the
concept of claims which have to be
filed under this RULE but should be
the subject of an action against the
executor
or
administrator
or
against the heirs.

A favorable judgment for money

should be files as a money claim
pursuant to the rules. The SC has
held that a money claim cannot be
enforced by a writ of execution but
should instead be filed as a money
claim.

The substitution of the deceased in

the civil action by the administrator
or the decedents representative is
generally considered as equivalent
to the presentation of the claim
with the probate court. Hence, the
claim is not barred by the statute
of non-claims.
Non-payment of the docket fee for
a money claim is not a ground for
its dismissal. The probate court
should just order the payment of
the docket fees within a reasonable
time.

MORTGAGE
ESTATE

DEBT

DUE

FROM

ALTERNATIVE REMEDIES: (AFR)

1. ABANDON or waive the security
and prosecute the claim against
the estate and share in the general
distribution of the assets of the
estate;
2. FORECLOSE 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
contingent claim against the estate
within the statute of non-claims;
3. RELY solely on his mortgage and
foreclose (judicial or extrajudicial)
the same at any time within the
period of the statute of limitations
but he cannot be admitted as
creditor and shall not receive in the
distribution of the other assets of
the estate.
NOTE: An action to enforce lien on
property is not a money claim which is
barred by the statute of non-claims.
However, deficiency judgment is a
contingent claim which should be filed
within the statute of non-claims.

Judgment of a probate court

approving or disapproving a claim
is appealable. The mode of appeal
is record on appeal and must be
filed within 30 days from notice of
judgment.

RULE 87 ACTIONS BY AND

AGAINST EXECUTORS (0)
ACTIONS
WHICH
MAY
BE
COMMENCED DIRECTLY AGAINST
THE
EXECUTOR
OR
ADMINISTRATOR
1. Recovery of real estate or personal
property for 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 (tortuous acts).
NOTE: An action for revival of money
judgment may be filed against the
administrator to preempt prescription
of judgment.
Before distribution is made or before
any residue is known, the heirs and
devisees have no cause of action
against the executor or administrator
for recovery of the property left by the
decedent.

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GENERAL RULE: The heirs have no
legal standing to sue for the recovery
of property of the estate during the
pendency
of
administration
proceedings.
Such an action against the
administrator will be ruled premature
and dismissed. The proper remedy is
for an action to remove administrator
on the ground that he has become
unsuitable to discharge the trust.
EXCEPTIONS:
1. If the executor or administrator is
unwilling or refuses to bring suit;
and
2. When the administrator is alleged
to have participated in the act
complained of and he is made a
party defendant;
3. When there is no appointed
administrator
or
pending
appointment.

RULE 88 PAYMENT OF
DEBTS OF THE ESTATE (0)
A writ of execution is not the proper
procedure to satisfy debts. The court
must order the sale or mortgage of the
properties of the decedent, the
proceeds of which will satisfy the debts
and expenses.
GENERAL RULE: Payment of the
debts of the estate must be taken in
the following order of preference:
1. From the portion or
property
designated in the will;
2. From the personal property; and
3. From the real property.

1. If such contingent claim becomes

absolute and is presented to the
court as 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.
2. 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.
NOTE: If estate is insolvent, as in
liabilities are more than the assets, S7
in relation to Art.1059 and 2239 to
2251 of the Civil Code must apply.

RULE 89 SALES,
MORTGAGES, AND OTHER
ENCUMBRANCES OF
PROPERTY OF DECEDENT (0)
ORDER OF SALE OF PERSONALTY
1. To pay debts and expenses of
administration;
2. To pay legacies; or
3. To
cover
expenses
for
the
preservation of the estate.
NOTE: Notice is mandatory. Without
notice and hearing, the sale, mortgage
or encumbrance of real property is
void.

EXCEPTION: The court on petition of

interested parties may modify such
order of disposition.
ESTATE TO BE RETAINED TO MEET
CONTINGENT CLAIMS
If the court is satisfied that the
contingent claim duly filed is valid, it
may
order
the
executor
or
administrator to retain in his hands a
sufficient part of the 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.
HOW
CONTNGENT
CLAIM
BECOMING ABSOLUTE IN TWO
YEAR ALLOWED AND PAID

If the opposition to the sale is

based on the fact that the
oppositor claims title to the
property to be sold, the court will
hold in abeyance the authority to
sell such property until the issue of
ownership has been settled in an
ordinary action, since the probate
court generally has no jurisdiction
to resolve issues of ownership in
the administrative proceedings.

RULE 90 DISTRIBUTION
AND PARTITION OF THE
ESTATE (1)
LIQUIDATION is the determination of
all assets of the estate and payment of
all debts and expenses.
GENERAL RULE: An ORDER of
DISTRIBUTION shall be made AFTER
payment of
a. all debts;
b. funeral expenses;
c. expenses for administration;

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d. allowance of the widow
children; and
e. inheritance tax is made.

and

EXCEPTION: if the distributees or any

of them gives a bond conditioned for
the payment of said obligation, the
ORDER OF DISTRIBUTION may be
made even BEFORE payments of all
debts, etc.
NOTE: Matters relating to the rights of
filiation
and
heirship
must
be
ventilated in the proper probate court
in a special proceeding instituted
precisely
for
the
purpose
of
determining such rights. They cannot
be adjudicated in an ordinary civil
action.
REMEDY OF AN HEIR WHO HAS
NOT RECEIVED HIS SHARE
1. File a motion with the probate court
for delivery to him of his share; or
2. If the estate proceeding have been
CLOSED,
file
a
motion
for
reopening of the proceeding, within
the prescriptive period.
WRIT OF EXECUTION
As general rule, a probate court cannot
issue writs of execution. Its orders
usually refer to the adjudication of
claims against the estate which the
executor/administrator may satisfy
without the need of executor process.
EXCEPTION: (CEE)
1. To satisfy the CONTRIBUTIVE share
of the devisees, legatees and heirs
when the latter had entered prior
possession over the estate.
2. To ENFORCE payment of the
expenses of partition;
3. To satisfy the costs when a person
is cited for EXAMINATION in probate
proceedings.

2. REVERSION PROCEEDINGS An
action brought by the Republic to
recover properties alienated in
violation of the Constitution or of
any statute.
Lands of the public domain and
real rights thereto which were
acquired in violation of the
Constitution or the public land laws
shall also be reverted to the State
(S2, Art.XVII, Constitution)
NOTE: reversion will not be allowed
even if the original buyer was an
alien, if later on the title to the
property
was
transferred
by
succession to the buyers heirs who
are qualified parties, i.e. Philippine
citizens.
3. UNCLAIMED
BALANCES
ACT
(dormant accounts for 10 years
shall be escheated.
ORDER OF HEARING
If the 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.
TO WHOM WILL THE PROPERTY
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 located.
3. IF THE DECEASED NEVER RESIDED
in
the
Philippines,
to
the
municipality or city where the
property may be found.

OTHER ACTIONS FOR CLAIM OF

ESCHEATS

OTHER SPECIAL
PROCEEDINGS
RULE 91 ESCHEATS (2)
ESCHEAT is the proceeding whereby
the real AND personal property of a
deceased person in the Philippines,
who dies intestate (or if the will was
not allowed, hence intestacy) and
without legal heirs becomes the
property of the State upon his death.
THREE INSTANCES OF ESCHEATS
1. When a person dies intestate
leaving no heir but leaving property
in the Philippines;

PERIOD OF FILING CLAIM

Within 5 years from date of judgment
otherwise it will be barred forever
pursuant to the Civil Code.
NOTE: Proceedings in Escheat cannot
be converted into settlement of the
estate. For the distribution of the
estate of the decedent to be instituted,
the proper petitions must be presented
and the proceedings should comply
with the requirements of the rule. An
escheat court does not have the power
to order or proceed with, the
distribution of the estate of a decedent
in escheat proceedings and adjudicate
the properties to the oppositors.

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SPECIAL PROCEEDINGS
NON-RESIDENT FC of the place where
his property is located.

GUARDIANSHIP
(R92-97)
Rule on guardianship of MINORS is now
governed by the SC Rule on
Guardianship
of
MINORS
(RGM)
effective May 1, 2001. Rules 92-97 are
still applicable to guardianship over
INCOMPETENTS.
GUARDIANSHIP is the power of
protective authority given by law and
imposed in 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.
THREE KINDS OF GUARDIANS
UNDER THE LAW
1. LEGAL GUARDIAN. One who is such
by provision of law without need of
a court appointment. (Ex. Parents)
2. GUARDIAN AD LITEM. One who is
appointed by the court for purpose
of a particular action or proceeding
involving a MINOR.
3. GENERAL GUARDIAN. One who is
appointed by the court over the
person and/or property of the ward
to represent the latter in all his civil
acts and transactions.
PROCEDURE FOR GUARDIANSHIP
FOR INCOMPETENT PERSONS WHO
ARE NOT MINORS
1. Petition for the appointment of a
guardian;
2. Court order fixing the hearing of
the petition;
3. Notice of the hearing;
4. Hearing and appointment of the
guardian;
5. Service of judgment on the local
civil registrar;
6. Filing of bond by the guardian;
7. Issuance
of
Letters
of
Guardianship; and
8. Termination of guardianship.

RULE 92 VENUE (0)

JURISDICTION:
GUARDIANSHIP OVER INCOMPETENTS
RESIDENT RTC of where the
incompetent resides.
NON-RESIDENT RTC of the place
where his property is located.
GUARDIANSHIP OVER MINORS
RESIDENT FC of where the minor
resides.

NOTE:
MTCs
no
longer
have
jurisdiction
over
guardianship
proceedings pursuant to B.P. blg 129.
However
where
the
minor
or
incompetent is a party to an action in
the MTC, the latter may appoint a
guardian ad litem for him.
MEANING
OF
THE
WORD
INCOMPETENT
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 may have lucid intervals;
6. Person not of unsound mind but by
reason of age, disease, weak mind
and other similar causes, cannot,
without
aid,
take
care
of
themselves and manage their
property.

RULE 93 APPOINTMENT OF
GUARDIANS (0)
WHO
MAY
PETITION
FOR
APPOINTMENT OF GUARDIAN OF A
MINOR
1. Any relative or other person on
behalf of a minor;
2. The minor himself, if 14 years of
age or above;
3. Secretary of DSWD and by the
Secretary of Health in the case of
an insane minor who needs to be
hospitalized.
NOTE: when the minor resides outside
the Philippines but has property in the
Philippines, any relative or friend of
such minor, or anyone interested in his
property, in expectancy or otherwise,
may petition for the appointment of a
guardian over the property.
In the appointment of guardian for an
INCOMPETENT, the choice of a suitable
guardian is left to the sound discretion
of the court. There is no rule of
preference regarding the appointment
of guardian over an incompetent.
COURT TO SET TIME FOR HEARING
OR NOTICE THEREOF
TO WHOM NOTICE IS SERVED
1. Persons mentioned in the petition
residing in the Philippines;
2. The incompetent.

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NOTE: There is no requirement of
publication, only notice except in case
of
a
nonresident
incompetent.
However, service of NOTICE upon the
person mentioned in the petition,
including the incompetent who is not a
minor
is
MANDATORY
and
JURISDICTIONAL.

REQUIREMENTS
1. VERIFIED PETITION;
2. Notice must be given to the next of
kin and all interested in the estate;
3. Hearing so that they may show
cause why petition should not be
granted.
NOTE: Sale of the wards realty by the
guardian without authority is VOID.

RULE 94 BONDS OF
GUARDISN (0)
Before an appointed guardian enters
upon the execution of his trust, he
shall give a BOND.
PURPOSE OF THE BOND: 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.
NECESSITY OF THE BOND: When
required by statues to give a bond, no
person can qualify and act as guardian
without complying with this condition
precedent.
NOTE: 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 relieve her or her
bondsmen from liability during the
time she was duly acting as such
guardian.
In case of guardianship over the
person of the minor child, the parents
are not required to furnish a bond.
However in the case of guardianship
over the property of the minor child,
the parents are required to furnish a
bond if the market value of the
property or the annual income of the
child exceeds P50,000. The parent
concerned shall furnish a bond in such
amount as the court may determine,
but in no case less than 10% of the
value of such property or the annual
income.

RULE 95 SELLING AND

ENCUMBERING PROPERTY OF
WARD (0)
GROUNDS
1. When the income of estate is
insufficient to maintain the ward
and his family or;
2. When it appears that it is for the
benefit of the ward.

DURATION OF THE ORDER OF SALE

AND
ENCUMBRANCE
OF
THE
PROPERTY
Within 1 year from the granting of the
order. It is presumed that if the
property is not sold within 1 year, the
ward has sufficient income.
The authority to sell or encumber shall
not extend beyond 1 year unless
renewed by the court.
The property may be sold at a public
or private sale. Compare with the sale
of a MINORs property which may be
sold only in a public sale.

RULE 96 GENERAL POWERS

AND DUTIES OF GUARDIAN
(0)
In general a guardian has full authority
to take possession of the property of
the ward and to perform all acts
necessary for its management, and to
bring and defend such actions as may
be needed for this purpose.
NOTE:
Conflict
regarding
the
ownership or title to the property in
the hands of the guardian in his
capacity as such should be litigated in
a separate proceeding being solely
concerned with the wards care and
custody and proper administration of
his properties.
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.

RULE 97 TERMINATION OF
GUARDIANSHIP (0)
GROUNDS FOR TERMINATION

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1. Competency of the ward has been
judicially determined;
2. Guardianship
is
no
longer
necessary;
3. Death of guardian;
4. Death of ward.

However, he may be exempted from

bond when requested by:
1. Testator; OR
2. All persons beneficially interested
in the trust, being of legal age,
request such exemption.

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; and
4. Failure to render an account or
make a return within 30 days after
it was due.

Nonetheless, the court may cancel

such exemption anytime.

NOTE: The remedy of a guardian from

the order of removal is appeal.
A guardian may be allowed to resign
when it appears proper to allow the
same.

RULE 98 TRUSTEES (0)

PROCEDURE FOR APPOINTMENT
OF TRUSTEES
1. Allowance
of
the
instrument
creating the trust (Probate of Will);
2. Petition
by
the
executor/administrator
of
the
person appointed as Trustee in the
instrument
3. Appointment of the trustee by the
court
4. Notice to all interested persons;
and
5. Filing of Bond by the Trustee.
TRUST is a fiduciary relationship
concerning
property
whereby
confidence is reposed upon a person
who hold legal title over the property
and deals with it for the benefit of
another.
TRUSTEE is the person whom
confidence is reposed as regards
property for the benefit of another
person.
JURISDICTION: the RTC or MTC in
which the Will was allowed, if it be a
will
allowed
in
the
Philippines,
otherwise by the RTC of the province in
which the property or some portion
thereof, affected by the trust, is
situated.
GENERAL RULE: Neglect of trustees
to file a bond will be interpreted by the
court as resignation or a decline to
accept the trust.

RULE 99 ADOPTION (1)

NOTE: The provisions of the Rules of
Court on Adoption have been amended
by the Domestic Adoption Act of 1998
and the Inter-country Adoption Act of
1995. Sec.6 of Rule 99 was already
amended by Administrative Circular
No. 03-04-04 while Sec.7 of Rule 99
was
amended
by
Administrative
Circular No.
02-1-19-Sc effective
August 22, 2002.
ADOPTION is a juridical act, a
proceeding IN Rem which creates
between two persons a relationship
similar to that which results from
legitimate paternity and filiation.
PROCEDURE
FOR
DOMESTIC
ADOPTION UNDER AM-02-6-02-SC
1. Petition for domestic adoption;
2. Order of hearing by the court;
3. Child and home study report by the
social worker;
4. Hearing on the petition for
adoption;
5. Supervised trial custody;
6. Adoption decree issued by the
court.
WHO MAY ADOPT
I.
ANY FILIPINO CITIZEN
1. Of legal age;
2. In possession of full civil
capacity and legal rights;
3. Of good moral character;
4. Has not been convicted of
any crime involving moral
turpitude;
5. Emotionally
and
psychologically capable of
caring for children;
6. At least 16 years older than
the adoptee; and
7. In a position to support and
care for his/her children in
keeping with the means of
the family.
II.
ANY ALIEN POSSESSING THE
SAME QUALIFICATION AS
ABOVE, PROVIDED
1. That
his
country
has
diplomatic relations with the
Philippines;
2. That he has been living in
the Philippines for at least 3

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III.

CONTINUOUS YEARS prior to

the filing of the application
for adoption;
3. Maintains residence until
the adoption decree is
entered;
4. Certified to have legal
capacity to adopt by his
country; and
5. That his government allows
the adoptees to enter his
country as his adopted
child.
The guardian with respect
to the ward after termination
of
the
guardianship
and
clearance
of
his
financial
accountabilities.

WAIVER OF AGE DIFFERENCE

The
requirement
of
16
YEARS
difference between the adopter and
the adoptee may be waived if the
adopter is:
1. The biological parent of the
adoptee;
2. The spouse of the adoptees
parent.
WAIVER
OF
RESIDENCY
REQUIREMENT
The requirement on residency and
certification of aliens qualification to
adopt may be waived for the following:
1. The adopter is a FORMER FILIPINO
CITIZEN who seeks to adopt a
relative within the 4th degree of
consanguinity or affinity;
2. One who seeks to adopt the
legitimate child of his spouse;
3. One who is married to a Filipino
citizen and seeks to adopt jointly
with his spouse a relative within
the 4th degree of consanguinity or
affinity of the Filipino.
JOINT ADOPTION
The husband and wife shall jointly
adopt, the exceptions are:
1. If one spouse seeks to adopt the
legitimate child of the other
spouse.
2. If one spouse seeks to adopt his
own illegitimate child, provided the
other spouse has given his
CONSENT thereto. If one spouse
seeks
to
adopt
the
others
illegitimate child, both spouses
must jointly adopt.
3. If the spouses are legally separated
from each other.

death of the adoptee extinguishes her

legal personality, as such, will result In
the dismissal of the petition.
RESCISSION OF ADOPTION
Adoption being in the best interests of
the child shall not be subject rescission
by the adopter. However, the adopter
may disinherit the adoptee for causes
provided in Art. 919 of the Civil Code.
RESCISSION OF ADOPTION BY
ADOPTEE
Upon verified petition filed by the
adoptee who is over 18 years of age,
or with the assistance of the DSWD, or
by his guardian or counsel, if over 18
but is incapacitated, the rescission
may be rescinded based on any of the
following grounds committed by the
adopter:
1. Repeated physical and verbal
maltreatment by the adopter
despite
having
undergone
counseling;
2. Attempt on the life of the adoptee;
3. Sexual abuse or violence; or
4. Abandonment or failure to comply
with parental obligations.
INTER-COUNTRY ADOPTION
WHO MAY ADOPT
1. Any alien or Filipino citizen
permanently residing abroad who is
at least 27 years of age;
2. Other requirements are the same
as with RA8552.
NOTE: When a foreigner who is
married to a Filipino Citizen seeks to
adopt jointly with his/her spouse as
relative within the 4th civil degree of
consanguinity or affinity of the Filipino
spouse, the Domestic Adoption Act
shall apply.
WHO MAY BE ADOPTED
Only a child legally available for
domestic adoption may be the subject
of inter-country adoption
A child under the inter-country
adoption act is defined as any person
below 15 years of age.
The Board shall ensure that all
possibilities for adoption of the child
under the FC have been exhausted
and that inter-country adoption is in
the best interest of the child.

NOTE: Death of adopter will not result

in the dismissal of petition. However

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